1973/07/31· 73-612
some type of regulation of this problem', however no decision has been received
to date. T~ra£ore, he advised that the i~sh~lm o~dt~ance would be subject to
legal qt~stion ,nd ~ost cart&inly its enforc~nt ~ainst the railroad companies
would be met with these objections.
Councilman Stephenson remarked that in the past, when contacted re-
garding this problem, the railroads have been very cooperative and suggested that
the Railroad Management be requested to check or adjust the gate arm timing de-
vices at this location.
By general Council consent, the City Traffic Engineer was directed to
contact the Railroad Management to ascertainwhether or not the timing device at
the Lincoln and Loara crossin~ gate arms is in proper workin~ condition, or
whether some adjustment of samemight be in order, in attempt to correct the
traffic sitUation.
UPRESE~I~rAT~V~ -CH,II/O HILLS AlP. PORT CONPLEX~ INC.: Mayor Dutton moved that Mr.
· ~obert Davis be appointed to represent the City of Anaheim to monitor the planning
sessions of Chino Hills Airport Complex, Inc., and keep the City of Anaheim up-
dated. C~unctlman Sneega$ seconded the motion. MOTl(~q C~T~.D.
A~TERNATE NI~F~.,- INTERGOVERltNE~AL COORDINATING COUNCIL~ Councilman Dutton moved
the Mayor Pro Tem Sneegas be appointed 'to replace Councilman Stephenson as his
alternate representative to the Intergovermnental Coordinating Council.
Councilm~n Pebley seconded the motion. MOTION CARRIED.
MXIOUR~NT: Gouncilman Pebley moved to adjourn. Councilman Sneegas seconded the
motion. NOTIO~ CARRIED.
Adjourned: 2:55 P.M.
Stephenson, Snee~as, Thom and Dutton
Pebtey
CITY ~8. Robert M. Davis
ATT.~s ~nR, Watts
. ,..!~or l~t-ton cai. led the msett~ to order.
Fi~].,..~.l-. Cokm.'cilman Ralph
'~; ?'~?gi~ca to the FI~.
~eqas. ~caUse of absence, ~'il~;:~t.~on abataind
73-613
City Hall~ Anaheim~ California - COUNCIL MINUTES - July 31~ 1973v 1:30 P.M.
WAIVER OF PEAl)lNG - 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 Sneegas seconded the motion. MOTION
UNANIMOUSLY CARRIED.
REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the amount
of $2,470,540.57, in accordance with the 1973-74 Budget, were approved.
~DEN~,,IFICATION CARDS - PURSUANT TO CHAPTER 4.30 OF THE ANAHELMMUNICIPAL CODE: Mr.
Em~aanuel Gyler of the law firm, Gyler and Gottlieb, whidh represents the local
Joint board of Hotel Restaurant BartenderS., International Union, AFL/CIO, ad-
dressed the Council on behalf of his clients whom he advised comprise the bulk
of those persons engaged in dispensing alcoholic beverages within the City of
Anaheim. He referred to the memorandum presented to Council this date from
Lt. Dale Wilcox which discusses the justification for identification cards re-
quired pursuant to Chapter 4.30 of the Anaheim Municipal Code and the efficacy
of the ordinance since it adoption in 1965.
Mr. Gyler advised that his office has mounted opposition to the ordin-
ance from the date of its adoption on the basis that it is a discriminatory
piece of legislation since it designates two individual classifications of em-
ployment as being unique or special and requires these, namely bartenders
and cocktail waitresses, to'obtain a special type of registration. It
is his position that this requirement is contra to practice through-
out the Country and within the State of California. He numerated a number of
other municipalities who had adopted similar ordinances, including Palm Springs
and Beverly 'Hills, and these ordinances have been overturned when tested in
court on the theory that this entire area of legislation is preempted by the
State of California and if it did exist, the registration requirement should
be uniform throughout the State.
Mr. Gyler related the sequence of events surrounding his filing of
action to claim this ordinance invalid, specifically that an affidavit was filed
with the court by Lt. Bud Fair in 1956 indicating that he never had any inten-
tion whatsoever of enforcing this ordinance. He advised that his office was
unable to establish the'true issue involved in respect to this ordinance be-
cause it is not enforced. This has led to a situation whereby from time to
time the members of the vice squad inform the management of the various hotels
and restaurants that such an ordinance exists and these employers in turn ad-
vise their employees charged with dispensing alcoholic beverages that they are
required to register and receive identification cards. Mr. Gyler informed
Council that he had apprised Lt. Fair of the union members' position in respect
to this ordinance, that is, that they feel they do not have to register.
Lt. Wilcox has now assumed the duties of Lt. Fair since his retirement
and Mr. Gyler was informed that contact was again being made to employers re-
garding the identification cards and it was decided to contact the City Council
to make them aware of a piece of dead legislation on the books which the Police
indicate they have no intention of enforcing. He advised that if the Police
Department does not intend to enforce the ordinance it should be removed from
the Anaheim Municipal Code since as it exists it is a ploy, to the extent it
imposes an obligation on volunteers which they are not required to meet. If the
Council wishes to retain the ordinance then he requested that they direct the
Police Department to enforce same, as he is prepared to test its constitution-
ality. It is his feeling that if this ordinance cannot be enforced, then it
should be stricken, as there is no evidence on which selaction of these two
particular classifications can be based, other than assumption that they are
unique or different and therefore subject to employment registration.
Councilman Dutton remarked that to his knowledge the City of Fullerton
at one time had a similar ordinance providing for registration of musicians.
He related that the rationale behind the adoption of this ordinance was that
with the tremendous influx of tourists into the City of Anaheim it would be wise
to have some record of those individuals dealing directly with the public in
certain capacities. He further noted that this ordinance also applies to tow
truck drivers, taxi cab drivers and Janitors, not Just those engaged in dis-
pensing alcoholic beverages.
73-614
City Hall~ ~A~aheim~ California - COUNCIL MIFOTES - July 31~ 1973~ 1:30 P.M.
Mr. ~yler noted that Anaheim has now achieved some measure of stability
and contended that there are maay persons engaged in these industries who are
residents of Anaheim and to whom it is an effrontery to require registration in
the manner of cOmmon criminals. He reiterated that in every instance where such
an ordinance was adopted, it was subsequently declared unconstitutional.
Councilman Stephenson inquired what percentage of the bartenders and
waitresses resented the identification card requirement.
Mr. Gyler stated it is difficult for him to estimate a percentage but
that every time a letter is circulated or the employers contacted regarding these
cards, his office i~diately hears about it because opposition is communicated
to the union representatives. Further he noted that the registration procedure
is inconvenient and one union member bec~ne frustrated and decided against vol-
untary registratioO when informed that he would have to pay his $1.00 registra-
tion fee by government money order which would cost him $4.30.
Councilman Stephenson remarked that he knew of many bartenders and
Waitresses who are more than happy to register since they find the card issued
them an ideal method for self-identification. He felt that most of the complaints
received were coming from the small minority in the union who have criminal
records.
Mr. Davis advised, as regards the fee, that the total fee for regis-
tration is $5.20 of which $1.00 goes to .the City for processing and the remainder
to the State, CII Department and they do require money orders.
Mr. Gyler felt, in answer to Councilman StephensOn's cOmment, that
adequate identification is available to all who wish it through the ~ot0r Vehicle
Department, on driver licenses and cards which may be issued for identification
purposes only, and that these are an entirely different matter from a registration
process which requires a criminal investigation made of the individual.
Councilman Sneegas pointed out that many occupations requires registra-
tion with the Police Department as these people will have access to other people's
property and that from the point of view of an employer, this type of identifica-
tion is a good method to certify the person being employed. He referred to the
many instances of bad checks cashed andetc., with fictitious driver licenses and
remarked that if there is any advantage in this ordinance it is in the favor of
employers.
Councilman Duttonpointed out that ownership of an alcoholic beverage
license also entails an investigation as one of the requirements'of the Alcohol
Beverage Control Board, and these employees under discussion are actually agents
of the o~ner in their capacity to sell or dispense alcoholic beverages.
Mr. Gyler was of the opinion that if the Alcoholic Beverage Control
Board thought it appropriate to require such registration it would be within their
ability, through the auspices of the State of California, to legislate in this
area, but that it is not an appropriate area of legislation for the City of
Anahe~n. --
Lt, Dale Wilcox advised that in 1963 a survey was taken of the com-
plaints being reported to the l~lice Department from various people in the com-
munity, ~md there w~re three areas which a~peared to be of more concern than
others, these being people involved with dispensing alcoholic beverages, taxi
drivers ~nd towtruck drivers. At a later date the ordinance was expanded to
clude J~itors as well. Lt. Wilcox reportedthat adoption of this ordinance seemed
to control the situation as fewer coeq~laints were receiVed. There has never been
any mass enforcement of this ordinance, but rather the Police Department has
attempted to contact' each establishment, envolved with these occupations and asked
for com~liance. He advised that they do not inform employers of any police record
discovered in conJunctionwith, the investigation, with the exception of taxi
drivers. He stated to his knowledge there have been no complaints or refusals
to coeq)lywith the ordinance and no m~ss citations have ever been issued. He
marked that he feels the ordinance aids the Police .Department in doing the Job
they are charged to do in that it identifies those people working the comnunity.
7~-615
City Hall, AnaheimI California - COUNCiL.MINUTES - Jul~ 31! 1973! 1~30 P.M.
Councilman Thom asked if he might interpret Lt. Wilcox's statement to
mean that there has not been .in.the past nor is there Currently any on-going
prosram of enforcement of this ordinance. He also inquired whether Lt. Wilcox,
as Lt. Fairs' successor, intends to enforce the registration procedure or con-
tinue to ask for voluntery compliance.~,~.
Lt. Wilcox advised that by requesting voluntary compliance, the em-
ployers are in effect policin~ their own establishments, and that he has con-
tinued this pattern. He advised that three establtshnents were contacted when
it was discovered that they were not asking employees to register but no en-
forcement action was taken since the Police Department had v~t contacted them
for several years and it was felt through change of ownership that these estab-
lishments might not have been aware of the requirement. Thatthe philosophy
of the ordinance has been explained to-these employers and voluntary compliance
requested.. He stated that he thinks the ordinance should be enforced and that
he has full intentions of administrating same.
Councilman Stephenson emphasized that there are hundreds of ordinances
contained within the Anaheim Municipal Code and mass enforcement of all of these
~ould require a much larger Police force.
Assistant City Attorney Alan Watts advised that based on research done
prior to adoption of the ordinance in 1965, it was the opinion of the City
Attorney's Office that the ordinance was constitutional at that time. He was
not aware of'any further or ~ecent research.in this field, but did note that the
law as regards the area of preemption is changing. He suggested that the City
Attorney's Office review this situation to determine whether or not their pre-
vious opinion still prevails.
No further action was taken by the City Council at this time pending
further review and opinion from the City Attorney's Office.
PRIVATE PATROL PERMIT - WEST COAST SECURITY SYSTEMS.~ Application for private patrol
pe~ntt filed by Mr. Robert L. Watson, dba WeSt Coast Security Systems for per-
mission to provide guard and patrol services Within the Anaheim City Limits was
submitted and granted subject to provision of Chapter 4.60 of the Anaheim Munic-
ipal Code as recommended by the Chief of Police, on motion by Councilman
Stephenson, seconded by Councilman Sneegas. MOTION CARRIED.
ENTERTAINMENT PERMIT: Application filed by David R. Limon for entertainment permit
to allow Mariachi Musicians at the ~mi$os Family Restaurant, 801 South State
College Boulevard on Fridays and Saturdays from 6:00 p.m. to 9:00 p.m. and
Sundays from 4:00 p.m. to 8:00 p.m. was submitted and granted for a period of
one year subject to provisions of Chapter 4.18 of the Anaheiml/unicipal Code as
recon~nended by the Chief of Police, on motion by Councilman Stephenson, seconded
by Councilman Sneegas. MOTION CARRIED.
~ONTINUED REQUEST - HILLSIDE PLANT~ AND IRRIGATION STUIYf: Consideration of "Slope
Plantin$ Recommendation for Anaheim Hills, Inc.", prepared by Recreation Land
Planers and submitted by Jack M. Sickler, President of Anaheim Hills, was con-
tinued from the meetings of July 17 and July 24, 1973 to this date. Also sub-
mitted was report and evaluation prepared by Development Services Department,
Planning Division, dated July 31, 1973.
Mr. John W. Millick of Anaheim Hills stated that in lieu of making a
let~thy presentation, he would prefer to allow experts in this field answer
any questions which Council m/~ht have.
Mr. Den McDaniel summarized the analysis prepared by the Plannir~ Div-
ision stati~ that the s~mdy submitted by Anaheim Hills is a rather lengthy
report which deals with the c°~lex subject of landscapin~ and irrigation of
excavated cut or fill slopes, current provisions for which ere contained in
Chapter 17.06 of the Anaheim l~lcipal Code. Theseprovisfonsw~re revised to
current status in June of 19~I to i~plement the Scenic Corridor concept in the
Santa Ann Canyon. Experie~ce ~i peoven that ground cover alone was sometimes
inadequate to maintain & ~l~,m~~l prevent ~.et~s'~' or ~ailure and the
addition of greater numbers of Shtmbs and trees was 'an. air.ti to provide greater
slope stability through their deeper and stronger root systems,.
73-616
City Hall! Anahe.~m~ California - COUNCIL MINUTES - July 31~ 1973! 1:30 p.M.
Mr. McDaniel advised that experience with these new standards has been
somewhat limited and it is too early to determine whether or not they provide
the added stability which was anticipated.
Mr. McDaniel discussed the aesthetic factor noting that since much of
the hillside area is developed in the "cluster housing" pattern, the manmmade
slopes are an integral part of the over-all land plan which account for a major
portion of the green area in this type of development.
The major observations presented in the analysis of the hillside plant-
ing and irrigation study were:
1. Methods of irrigation and initial maintenance should be considered
the major issue to be resolved.
2. The technique of hydro-seeding as a method of hillside landscaping
may have limited utility and should be lmvestigated thoroughly.
3. Categorizing cut or fill slopes depending on'their location and
utilization may be appropriate and should be explored further.
Mr. McDaniel referred to paragraphs c., d., and e., of the Development
Services report and discussed alternative techniques to hydro-seeding, mmthods
of irrigation and initial maintenance, and number and size of plant materials.
In conclusion he advised that implementation of any of the suggestions incorpor-
ated in this study would require amendment to the Anaheim Municipal Code.
Councilman Thom remarked that the protection of these slopes to prevent
erosion or failure is vital, and if the present Code will not provide the neces-
sary guidelines which will accomplish this objective, then'it should be amended
as necessary.
Councilman Dutton agreed that. the City should determine the best way
to maintain the slopes and establish the appropriate guidelines.
Mr. Nillick advised that the study presented did incorporate research
and investigation of other hillside projects in Mission Viejo, Laguna Niguel,
and Irvine, where these various problems have been dealt with and solved to the
satisfaction of the builders and municipalities involved, in the hope that Anaheim
might benefit from-their longer .experience. He advised that if the ordinance is
not amended at this time to provide the app=opriate slope requirement for the
developers, it will be very difficult to control the standards used for planting
and irrigation. As the over-all developer of the entire communitys Anaheim Hills,
Inc., is very interested in the aesthetic value and stability of these slopes,
he reported. In this regard they have found fault with the existing Code, due
to the size and coverage of trees required. They fear this will, when the' trees
are mature, result in loss of ground cover leaving only one level of root struc-
ture whichwould make these slopes vulnerable in excessive rain or wind conditions.
On motion by Councilman Thom, secgnded by CounciLman Stephenson, Devel-
opment Services Department was directed to ~ursUe the requirements for landscape
and irrigation of cut or fill sloP?s wi.t~ Anaheim Hills, Inc. a~d their.consul-
tants, and prepare appropriate amendments toTttle"17 for further c0~Sideration.
MOTION CARR~D.
REQUEST - HILLSIDE ~CAPE ORDINANCE.s. -Hearing requested by John H~zeltine, Assistant
Divisionl~nager, Richard B. Smith, Inc., in his letter dated July 11, 1973, to
discuss proposed slope requirements for Tentative Tract No. 8220, was continued
to August '7, 1973, as requested by the Applicant, On motion by Councilman
Stephenson, seconded by Councihnan Sneesas. NOTION CARRIED.
~ SE .FEE WAIVER -COVINA TUT . N~ SERVICE~ Request of Nr, Gary R. Burroughs,
Administrator, c~, .dated July 3, 1973, for waiver of the
business license fee required to op~r&~e ~non-profit private tutoring sChool at
700 West Orangewood Avenue, was sui~aitt~d to~ether with reports £r~a th~ License
Division and City Attorney's Office rec~m~nding said waiver be srSnted.
On metion by aouncilmin INtron,. s~e. onded by Councilnmn Ste~bsnson, the
waiver of business license fee requested ~r'the COvina Tutoring Service was
granted. NOTION
73-617
City Hall~ Anaheim~ California - COUNCIL MINUTES - Jul[ 31! !973~ 1:30 P.M.
REqUeST - ~ROPOSED ORANGE COUI~TYWELL ORDINANCE: The proposed ordinance relating to
the construction and reconstruction of water wells, recommended for adoption
by Dr. John R. Philp, Orange County Health Officer, was continued to
September 4, 1973, as requested by the Water Superintendent to allow time for
further review, on motion by Councilman.Stephenson, seconded by Councilman
Thom. MOTION CARRIED.
STATUS REPORT - PETITION INITIATIVE FOR DIRECT ELECTION OF THE MAYOR: Mr. William
D. ghrle, Director of I.C.E.B.E.R.G~ (Involved Citizens Establishing Better
Elected Representative Government) reported on the activities of this group
whose objective is to change the~method of selection of the Mayor.
Mr. Ehrle contended that the current method of electing the Mayor,
while adequate for a small, rural community, has been outgrown by the City of
Anaheim, the eighth largest city in the most populous state of the Union, and
further that direct electionwould remove the possibility of "chicanery" and
"cronytsm".
He cited the following quotations and alleged these to be indicative
of the Council majority position that they fear the loss of their power to con~
trol the'citizenry when the selection of the Mayor is removed from their hands
and placed in the hands of the people:
November4, 1971, Anaheim Bulletin, Councilman Dutton: '~We agreed not
to clutter up this ballot".
December 15, 1973, Anaheim Bulletin, Councilman D utton~ "...Anaheim
is the envy of cities across the nation. When you'are riding a winning
horse, why get off."
January 31, 1973, Santa Ana Register, Councilman Pebley: "...it takes
a recall to remove an elected Hayor".
January 31, 1973, Santa Ana Register, Councilman Dutton: "The only
time anybody brings this up, it's someone who wants my job."
January 31, 1973, Anaheim Bulletin, Councilman Dutton: "...people here
have no point of reference for a good government..."
January 31, 1973, Anaheim Bulletin, Councilman Stephenson: "...there
is only a very, very few people who want it".
January 31, 1973, Anaheim Bulletin, Councilman Sneegas= "...I don't
want the Council to force the spending of money for the issue because
it then becomes a fund-raising campaign and the people eventually
become confused."
Mr. Ehrle further quoted Mr. H. Douglas Waller, City Manager, Alameda~-~
California, President of the International City Hanagement Association, from an
article published in Western City, advocating mayoral leadership in the city
government.
Mr. Ehrle summarized the activities of the I.C.E.B.E.R.G. Association,
advising in his opinion, that the legal requirements for the p~tition initiative
were completed, met and filed with the City. Clerk; that the "notice of intent to
circulate petition" was filed OhM arch 29, 1973, and the expiration date to cir-
culate petitions is September 24, 1973; that to date, 2,000 signatures of the
necessary 12,000 valid have been accumulated. The response baa been such that
Mr. Ehrle stated it would appear to him that public sentiment is against those
Councilmen who oppose this proposition. He therefore recommended that the
Council reconsider Councilman Thom's resolution of January 30, 1973 to place this
issue before the people. It was his further opinion, on the basis of the input
he has received that the issue shall be placed on the 1974 General Election
Ballot in spite of Council rejection. He felt the individual, or collective
political position of the present Council on this issue will lead to their po-
litical demise. (Mr. Ehrle's written statement on file. in the:office of the
City Clerk.
Councilman Thom asked whether any of the other Councilmen wished to
reconsider their original position on this issue. There was no response.
73-618
City Hall~ Anaheim~ California - COUNCIL M~S - July 31~ 1973! 1{30
Mr. ghrle asked Councilman Sneegas directly if he would like to sign
this petition.
Councilman Sneegas stated that he strongly felt that the longer this
type of activity goes on the more partisan it becomes and that he did not want
to see the issue become a matter of Council directive,but rather feels the people
should seriously consider the entire issue and all implications. He noted that
his con~ents do reverse his previous positionwhereby he had publicly stated that
he thought the people should directly elect the Mayor if they so wished, but that
on deeper investigation and observation'of other cities,it has become evident to
him that should the initiative petition be successful, the citizens would not be
electing a 'Mayor to act as a ceremonial leader but to become rather a strong pol-
itical leader and a strong faction within the City, which would eventually lead
to the demise of the city manager form of government. This possibiiity,he further
remarked,is of serious concern to him since he is of the opinion that ifyou want
a Job well done, it should be performed by a professional and not by a politician
or a person who can win the most votes by endorsing the popula~ view of the moment.
,For these given reasons, he stated he would not sign the petition nor would he
endorse Mr. Ehrle's nomination for Council.
Mr. Ehrle asked if any of the other Council members wished.to endorse
the petition.
Councilmen Dutton and Stephenson both felt that Councilman Sneegas'
statement correctly expressed their.exact sentiments on this.issue.
Councilman Thom noted that he had previously endorsed the petition.
SYCA~.OI~ ST~,,ET I1/PROVENENT PROJECT ---EI~~T~ ~A~ ~T E~~ STATUS:
Request fo~ ex~tion from filing.of an 'enViro~n~al ~pac~ report t~co~ectton
with the Syc~re Street ~provemen~ ProJect~..:prepared by City staff, was sub-
mitted ~gether with E.I.R. Review~~tee ~alysis.
On motion by Councilman Sneegas, seconded by Councilman Dutton, it was
determined that the impact caused by this project would not be significant enough
to warrant the preparation of an environmental impact report and therefore none
would be required. MOTION CARRIED.
CITY iPLANNI.N~ COI~ISSION ITEMS: Actions take~ by the City Planning Commission at their
meeting held July 9, 1973, pertaining to the following applications w~re submitted
for City Council information and consideration:
1. VAR.IANCE NO. 2506: Application by Ed Silveri requesting the-following Code
waivers to establish an outdoor.steel fabrication plant on R-A zoned property
located on the north side of La Cresta Avenue, east of Blue Gum Street, was sUb-
mitted:
a. Outdoor uses.
b. Wall enclosing outdoor uses.
The City Planning Comissiou, by motion, terminated all proceedings in
connection with Variance No. 2506 as requested by the Petitioner.
The City Council took no further action on Variance No. 2506.
2. VARIAM~ NO. 2524 AND ,tIiVIR,,0M~T,AL ,IM~,,~T' REPORT FJi~IiPTIOM,, S~, _AT~,.', Applica-
tion by Pet" ~' e's"lto~d Service, ~nc., requ~t~ the following C~&~ waivers to per-
mit the 'existing repair of truck tires as a conforming use on N-.1 zo~d property
located at the souttneest corner of Blue Gum Street and Coronado Street was sub-
mitted together with application for Exemption Declaration Status~
a. ~ermitted outdoor uses.
b. Required front setback.
The Ci~ Planning ~Sston puesuant to Resolution No. PC?~-148,
recomnended that no enviro~nental i~pac.t report be .required and srant~d said
variance Subject to conditions.
73-619
City Hall~,Anaheim~ California - COUNCIL MINUTES - July 31~ 1973! 1=30 P.M.
ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: On motion by Councilman Thom,
seconded by Councilman I)utton, 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.
The City Council took no further action on Variance No. 2524.
3. VARIANCE NO. 2526 AND ENVIRONMENTAL IMPACT REPORT ~ION STATUS: Appli-
cation by Elaine Taylor requesting the following Code waiver to establish an
auto upholstery business on M-1 zoned property located on the south side of
South Street, west of East Street, was submitted together with application for
Exemption Declaration Status:
a. Permitted uses.
The City Planning Commission pursuant to Resolution No. PC73-149,
recommended that no environmental impact report be 'required and granted said
variance subject to conditions.
,ENVIRONMENTAL IMPACT REPORT EXENFrlON STATUS: On motion by Councilman Sneegas,
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 required. MOTION CARRIED.
The City Council took no further action on Variance No. 2526.
4a. VARIANCE NO. 2528: Application by Paul and Ruth Knaak requesting the fol-
lowing Code waiver to permit the expansion of an existing non-conforming build-
ing on C-1 zoned property, located on the south side Of Lincoln. Avenue, east of
Brookhurst Street was submitted together with application.for Exemption Declara-
tion Status:
a. (City Council Resolution No. 5453) Lincoln Avenue special front
setback.
The City Planning Commission pursuant to Resolution No. PC73-150,
granted said variance subject to conditions.
4b. CONDITIONAL USE PERMIT NO. 1363: Application by Gulf Oil Company to estab-
lish on-sale liquor in conjunction with an approved beer bar on C-1 zoned pro-
perty located at the southwest corner of Beach Boulevard and Ball Road, was sub-
mitted together with application for Exemption Declaration Status.
The City Planning Commission pursuant to Resolution No~. PC73-146,
granted said conditional use permit subject to conditions.
4c. CONDITIONAL USE PEtLMIT NO. 1408: Application by Palmall Properties, Inc.,
to establish a billboard exceeding allowable area at other than an authorized
location on M-1 zoned property located at the southeast corner of Broadway and
Adams Street was submitted together with application for Exemption Declaration
Status.
The City Planning Co~nission pursuant to Resolution No. PC73-147,
granted said conditional use permit subject to conditions.
ENVIRONMENTAL IMPACT REPORT EXENFTION STATUS: As reco~aended by the City Plan-
ning Commission, on motion by Councilman Thom, seconded by Councilman Stephenson,
it was the finding of the City Council that the imp. act of the projects in the
following zoning applications would be trivial in nature and that no environ-
mental impact report or statement is required:
Variance No. 2528
Conditional Use Permit No. 1363
Conditional Use Permit No. 1408.
MOTION CARRIED.
No further action was taken by the City Council on the above listed
zoning actions.
73-620
5. COh'9ITIONAL USg PERMIT NO. 1226 - ~ FOR EXTENSION 0w ~I1~: Application
'by CarrOll F. Barnha{t for a one-~eAr exteasion of time tO com~'le~e 'conditions
of approval for the establishment of a towing service and impound yard and fur-
ther requesting to use additional property for the towing service on M-1 zoned
property located on the east side of Lakeview Avenue, north of La Palma Avenue.
The City Planning Commission by motion, required submission of develop-
ment plans for review and approval within 90 days.
1226.
The City Council took no further action Conditional Use Permit No.
6. CONDITIONAL USE PERMIT NO. 1136 - EXTENSION OF TIME: Application by Myron
Fields, Vice President, Memorial Properties, Inc., (The Melrose Abby), for an
extension of time to comply with the conditions of approval for the establishment
of an existing mausoleum, cemetery, and funeral chapel as a conforming use, and
to establish a mortuary on R-A zoned property located south of'Orangewood Avenue,
between Lewis Street and Manchester Avenue.
The City Planning Commission granted a one-year extension of time retro-
active to March 22, 1973, and expiring on March 22, 1974.
The City Council.took no further action on Conditional Use Permit No.
1136.
7. CONDITIONAL USE PERMIT NO. 1052 - REQUEST FOR REVIEW OF USE: Originally
approved by City Planning Con~ntssion Resolution No. PC68-269 for establishment
of an existing trucking yard and terminal with related autO and truck overhauling
and repair facilities as an conforming use on M-1 zoned property located at the
southeast corner of Walnut Street and Manchester Avenue.
The City Planning Commission requests that City Council refer back to
Planning Co~nisiOn said conditional use permit to determine whether or not the
use now being made of the property is in conformance with the use originally
approved by the Commission pursuant to Resolution No. PC68-269.
On motion by Councilman Dutton, seconded by Councilman Sneegas, Condi-
tional Use Permit No. 1052 was referred back to Planning Commission 'for review
of conformity of current use with that which was originally approved. ETLON
CARRIED.
8. STREET SECTION STANDARDS AND RIGHTS-OF-WAY - TRACT NO. 7587: Reco.v.endation
of the City Planning Commission that the street section Standards-and Rights-of-
Way for Tract No. 7587 be required to provide for a 40-foot right-of-way, a 28-
foot roadway, and an ll-foot riding and hiking trail on the north side of the
street, in the City of Anaheim, and that said riding and hiking trail be main-
tained by formulation of a maintenance district was submitted and approved on
motion by Councilman Sneegas, seconded by Councilman Thom. MOTION CARRIED.
9. CITY PLANNING COMMISSION OFFICERS - FISCAL YEAR 1973-74: For Council infor-
mation i~ was reported that the following officers of the City Planning Commission
were elected for Fiscal Year 1973-74:
Chairman:
Chairman Pro Tem:
Secretary:
Melbourne A. Gauer
Lenzi Allred
Ann Krebs
APPROVAL OF PI~CISE PLANS - TRACT NO. 794~ (RECLASSIFICATION NO, 72-73-10}: Nr. Roberts
advised that this tract is a portion of a multiple-family project planned by Leadershi
Housing Systems, Inc., at the northwest comer of Cerritos Avenue and Walnut Street.
Two conditions of approval were that the final tract map be submitted for Council
approval and then recorded, and the specific development plan whichwill be employed
by the developer on the property be submitted to the Planning Commission and the City
Council for approval, prior to introduction of an ordinance to rezone the property.
Mr. Roberts indicated the precise plan for Tract No. 7945 (posted on ~he east wall of
the Council Chambers) covers 25 percent of the entire proposed 40aacre project. He
stated that in the original presentation and hearings relative to this project, the
developer indicated they would proceed in four phases and four tentative tract maps
were approved by the Council.
73=621
~ity Hall~.. Auahei~ California - COUNCIL Nih-OTiS - July 31~ !973v. 1:30 P.M.
Hr. Roberts reported that the plan reviewed by the City planning
Co~nission complied inmost respects to the plan originally submitted, with
a few exceptions primarily limited to distances between buildin~s and depth
of the landscaped setback on Walnut Street. Subsequent to the City Planning
Co~nission review of these plans and recommendation for disapproval, the de-
velopers have submitted a revised precise plan for Tract No. 7945 which elimi-
nates these differences and is substantially the same as that originally approved
by Council.
Councilman Thom remarked that Condition No. 9 of Resolution No.
72R-406 approving Reclassification No. 72-73-10 states that "precise plans for
development of the property shall be submitted to Development Services Depart-
ment for review and approval by the Planning Commission and City Council" and
that these are not precise plans for development of the property but for a por-
tion of it and further that these were not approved by the Planning Commission.
Councilman Dutton asked specifically what areas were not in compli-
ance with the original plans.
Mr. Roberts replied that the plan reviewed by the Planning Commission
at their meeting of July 23, 1973 deviated from the plans originally approved
by Council, as the landscaped setback along Walnut Street had been reduced from
15 feet to 10 feet, a waiver of the 20-foot Code provision having been approved
by Variance No. 2426 so that a 15-foot landscaped setback could be provided at
certain points along the peripheral drive. There were also some changes in the
distances between buildings Which amounted to a matter of a few feet. Further
he reiterated that the precise plan before Council today is a revised version
which eliminates these discrepancies and conforms to the original plan approved
by Council.
Councilman Thom was of the opinion that although development may pro-
ceed in four phases, the intent of Condition No. 9 was that the precise plans
for development of the entire project should be submitted at this time and
therefore the plan should be referred back to the Planning Commission so that
it may be reviewed in its entirety.
Mr. Robert Kendall, representing Leadership Housing Systems, advised
that as the developer of this project, they have attempted, in good faith, to
comply with every condition imposed upon their project and at this pOint are
still experiencing difficulties with the barest of technicalities.
Councilman Thom took exception to this comment, noting that a zoning
condition is not a technicality.
Mr. Kendall mdintained that ~t would be highly unusual in a phased
project such as is proposed to develop- specific plans for each element in
advance of proceeding; with that element. He referred to the fact that the
precise plans incorporate such technical details as utility plans, footings and
buildings which are part of the total mechanical process and do not relate to
the merits of the project. These precise plans take months to prepare. He
advised that Leadership's posttion~uld be that the' precise ~ording of the con-
dittonwould be met by not proceeding with any element of development until
the precise plan.for said element has been approved, and that is the situation
at hand, i.e., the precise plan for Tract No. 7945 relates to that portion of
the project ~d~ich they intend to initiate. He felt that apPrOVal of this pre-
cise plan by the Council this date would in'fact be in compliance with the con-
dition.
Nr. Kendall further advised that the planwhich vas submitted to the
City Planning Commission for approval, based on advice of ~embers of the City
staff, they believed was in subst~ntial.con~ormance with the original plan
approved and he no[ed that the dif£erence in distance between buildings was only
a matte{ of a few f~et and occurred not as a general r~le but in isolated in-
stances. The deviation in the vidth of landscaped setback was felt to be a
Justi£iab!e compromise in that it~uld alloy additional guest parking spaces,
and they had provided for intensive landscaping to screen these. It was con-
sidered that this particular deviation favored the City ~ndvas in fact reason-
able. However, in view of the opiniOn expressed by some members of the Planning
Commission on review of the precise plan as submitted, it.vas felt by Leadership
73-622
Cit~ ~a!l, ..A~_heim~ Ca~ifornia - COONCl/, ~S ' 3ulz 31~ !973~ 1~$0 P.~M.
that it was more important to make every effort to comply absOlutely rather than
substantially with the original plan and therefore the precise .plan submitted to
Council this date was developed and this eliminates the previously nmntioned dif-
ferences.
Councilman Thom maintained that this plan is still a precise plan for
one-quarter of the project and not for development of the entire property.
Hr. Kenda'11 submitted that Condition No. 9 is subject to both inter-
pretations.
Mr. Stewart Woodard, 17851 Sky Park Circle, Irvine, architect, stated
that the Council should recognize their objectives at the time these conditions
were put into effect. He noted that to require the developer to initiate pre-
cise plans for a project of over 500 units on 40 acres is unusual and out of line
in terms of the masnitude of the ~ork involved. Further he remarked that the
conditions imposed upon approval of the reclassification and the tracts will stand
and continue to be in effect and each individual tract'will haVe to conform in
total, therefore the City will have the restrictions required to maintain the
desired standards.
Councilman Sneegas wondered whether requiring the deVeloper to submit
precise plans for an entire project would not also force a drastic acceleration
in the construction time schedule.
Hr. Alan Watts, having reviewed the Council Hinutes of September 19,
1972, at which Reclassification No. 72-73-10 was originally approved, counseled
that it would seem to him that unless there was some discussion or contemplation
at the t.ime of the hearings on the reclassification and variance that there would
be a phased development of the property, the plain meaning of the condiiion is that
the developer shall submit plans for the entire project.
Councilman Sneegas asked whether the Minutes indicate anything to this
effect and stated that he was aware during the entire hearing that this project
would be developed in four se~nents.
Hr. Kendall interjected that.throughout the entire hearing process, the
project Las proposed as a four-phased development and that four separate Tentative
Tract Naps, Nos. 79~5, 79~6, 79~7 and 79~8, were submitted and approved.
Hr. Watts advised if discussionLas held and tract maps submitted that
obviously indicated that a four-phased development vas contemplated, this should
be taken into consideration along v~th Condition No. 9. Further, he noted that
the zoning vould not be effective off those portions of the property vhich are not
to be developed at this tflne.
Councilman Thom stated Chat he understood this to be a four-phased
development but that the precise plans fo~ the entire project would be approved
as a ~hole, and then the constructton m~uldbe in four phases. He referred to
the re¢_rmu~ndation of the Planning Cema, isaiah and questioned if they expressed
the concern chat in order to appzove subject precise plans, entire precise plans
must be submitted.
Hr. Kendall felt it vas clear fram the discussion at the Vlanntns Com-
mission hearing that this concern va8 not voiced but that the rec~enendatious for
disapproval Las based on their original disapproval of the entire pzoJect.
Councilman Thom asked Hr. ItoberCe' opinion as-to vhecher the Planning
Comnisston had not approved the plan8 s~ for Tract. No. 79~$ because they
vere not looking at the precise phno £ocdovelopeaent of the enttre:~property.
Mr. Roberts stated that then III. no specific discusaiOll,lf Co vhether
a develolneenc .plan for cbs encf~'O Z~O ~.. :thould be cousidered &e .~ppooed to onl7
ten acres, and they did indi~ thtc~ ~ ,:vets not in favor, of che~ ~gtnal plan.
He felt 'ic would be an accurac~, ~eOUClna~ .Co state thec the pr~:.mson for
their vote.ac the July 23, 1973 Uee~-nS:..~ based On their or~gtnil a~C/~n.
73=623
City Hall~ Anahetm~ California - COUNCIL MINUTES - July 31! ~973~ 1~30 P.M.
Mr. Kendall recalled that at the time the motion reconmending disap-
proval was made, the discussion did not relate to either of these issues but
to the fact that if one blade-of grass was changed, the plan did not constitute
compliance in their view.
Mr. Roberts inquired whether the Council resolution approving the
reclassification contained a condition stating that ordinances may be read on
individual parcels as these are ready to develop.
Councilman Thom revieWed Resolution No. 72R-406 and reported that this
was not present. He thereupon moved to continue this matter for one week, to
allow time for investigation of this point. This motion died for lack of a
second.
Mr. Woodard reiterated that whether or not this provision is included
in the resolution, they were required to submit four separate tract maps which
seems to him to indicate, due to the size of the project, that this would have
to be a phased development. Further he stated it is lOgical to approve the per-
cise plans for each phase prior to proceeding with it. He further noted that
this project is geometrically the same, divided into quadrants, and one could
almost,.by reversing or turning the precise plan under consideration utilize
this for the remaining quadrants. He added that neither the City staff nor the
Planning Commission brought Condition No. 9 into the discussion.
Mr. Watts reviewed that the action requested of Council today is to
approve a precise plan for one tract out of four'tracts, Which plan has had
tentative approval. If this is accomplished, it will result in an Ordinance
being presented for first reading which will change the zone on the land involved
in this particular tract only, which is one parcel out of the total of four.
It would seem, according to Mr. Watts there would be no problem in this action,
since the ordinance would apply to that particular tract only and not the re-
maining three.
Councilman Sneegas remarked that this is standard procedure for large
developments.
Mr. Woodard advised that his firm is involved in 15 long-range pro-
jects, some as large as.4,000 acres, and to have gone this far in approval, and
to then require the entire precise plan for the entire project would not be
realistic. He felt that the action outlined by Mr. Watts would in keeping with
the Council's original intent.
Mr. Roberts read an excerpt from the Council Minutes of January 16,
1973, which illustrated'that discussion was held in contemplation of a four-
phased development and that each component quarter sectionwould be complete
with ingress and egress to public streets and recreational amenities.
Mr. Roberts indicated, in answer to Councilman Thom that on the pre-
cise plan submitted, access to public streets is provided and this would be a
.complete independent tract.
Councilman Sneegas moved that the precise plans submitted for Tract
No. 7945 be approved.
The Mayor recognized Mr. Robert Messe, 1523 South Bayless, who inquired
whether this proposed tract plan includes all recreational facilities and whether
the Fire Department has revieWed the plan and is in agreement with the roadways
therein provided.
Mr. Kendall replied in the affirmative to both questions.
Mr. Messe then remarked that the only thin.gwhichwould prohibit
Council from approving the precise plans this date would be the statement incor-
borated into the resolution "for review and approval by the Planning Commission
and the City Council" which sounds to him as though this ~aquires approval by
both bodies, and the Planning Comfssion has never seen nor approved the precise
plan under discussion.
73-624
City Hall~ An~,heim~ California - COUNCIL MINUTES - July 31~ 1973~ 1:30 P.M,
Mr. Roberts replied that this particular precise plan wis not reviewed
by the Planning Commission July 23rd, but it is identical to the plan which was
originally submitted and considered at the original public hearing, and he felt,
that if the Planning Commission had reviewed this plan, it would be doubtful
whether they would have approved same. According to the tone of their conversa-
tion, he concluded that they would adhere to their original decision regarding
the project.
Councilman Stephenson inquired whether the plan under discussion elim-
inates the concern expressed by the Planning Commission.
Mr. Roberts stated that this precise plan does eliminate all of the
deviations brought to the attention of the Commission by staff.'
The foregoing motion made by Councilman Sneegas to approve the precise
plan was restated.. Councilman Dutton seconded the motion. Roll call vote was
requested by Councilman Thom:
AYES: COUNCILMEN: Stephenson, Sneegas and Dutton
NOES: COUNCII~iEN: Thom
ABSENT: COUNCILMEN: Pebley
MOTION CARRIED.
ORDINANCE NO. 3198: Councilman Sneegas offered Ordinance No. 3198 for first
reading.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (72-73-10 (1) - R-3 - Tract 7945)
REqUESTED AMENDMENT TO CONDITION NO. 16 - TE. NTATIVE TRACT NO. 7470, REVISION NO. 2:
Mr. Robert reported that the City Planning Commission recommended ~mendment to
Condition No. 16 of Tract No. 7470, Revision No. 2, to permit substitution of
a six-foot block wall and two-foot earthen berm for the required six-foot berm
to separate the lots backing onto the freeway, be approved as requested. Fur-
ther, he reported the petitioner .submitted correspondence from Dr. Hilliard
of Bio-Acoustical Engineering Corporation which stated that this proposal would
keep the noise level down to 65 dBA in rear yards and 45 dBA in the houses with
windows and doors closed.
Councilw~n Dutton moved that Condition No. 16 be amended to permit a
two-foot berm and six-foot masonry wall along the rear property lines of all lots
adjacent to the Riverside Freeway within Tract No. 7470, Revision No. 2.
Councilman Sneegas seconded the motion. MOTIONCARRIED.
COUNCIL POLICY - ESTABLISMMENT OF GAME ARCADES: The City Planning C~ission's
interpretation that gmme arcades are similar to other commercial amusements,
such as bowling alleys and billiard parlors, and therefore should be permitted
as a matter of rtEht in the C-1, C-2 and C-3 Zones, by conditional use permit
in the C-RZone, and not permitted in the C-O and C-H Zones, was submitted for
Council Consideration.
On motion by Councilman Thom, seconded by Councilman Dutton, the City
Planning Coam$ission interpretation for. the establishment of same arcades was ap-
proved and adopted as Council Policy. MOTIO~ CARRIED.
CANCELLATION OF D~ED .RES%~LIGT!ONS - I~CLAS$I~I~T!ON NO'. 56-57-27~ ~ ~tion by
Councilm S~egas, seconded by ~ctl~ ~tton, c~cellatton of deed restric-
tions filed in c~J~ction~th P~classiflcation No. 56-57-27 by Mrs. t--ie A.
Bon~sky as recorded in the official ~co~ds of Orate ~ty, J~ 23, 1957,
Book No. 3779, P~e ~s. ~3 thro~ ~5, ~c~nt No. 99~, was authorized.
M~ION ~D.
RESOLUTION NOt 73R-312 - AWARD OF WORK (~tl)ER NO. 690-B: In accordance with recommen-
dations of the City Engineer, Cou~cilman Stephenson offered Resolution No. 73R-312
for adoption.
Refer'to Resolution Book.
73-625
Cit[ Hallv Anaheim~ California - COL~qCIL MIHUTES - Jul[ 31~ 1973~ 1:30 P.M.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEiM ACCEPTING A SEALED
PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE
FURNISHING OF ALL PLANT, LABOR, SERVICES, NATERIALS AND EQUIPHENT AND ALL
UTILITIES AND TRANSPORTATION~ INCLUDING PO~ER, FUEL AND WATER, AND PER-
FOI~ilNG ALL WORKNECESSARY TO CONSTRUCT AND CONPLETE THE FOLL(Y~ING PUBLIC
[NPROVENENT: THE LA PALHA AVENUE STREET INPROVEHENT, FROH EUCLID STREET
TO BROOKHURST STREET, IN THE CITY OF ANAHEIH, WORK ORDER NO. 690-B.
(R. J. Noble Company - $32,939.74)
Roll Call Vote:
AYES: COUNCILIqEN: Stephenson, Sneegas, Th°m and Dutton
NOES: COUNClI.qEN: None
ABSENT: COUNCILNEN: Pebley
The Mayor declared Resolution No. 73R-312 duly passed and adopted.
RESOLi~flON NO. 73R-,313__- AWA~D.O~ W~I~ ORDER NO. 689-A; In accordance ~r[th recom-
mendations of the City Ensineer, Councilman Sneegas offered Resolution No.
73R-313 for adoption.
Refer to Resolution Book.'
ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING ASEALED
PROPOSAL AND AWARDING A C(RTIRACT.TO THE LOWEST RESPONSIBLE BIDDER FOR THE
FURNISHING OF ALL, PLANT, LABOR, SERVICES, NATERIALS AND EQUII~NT AND ALL
UTILITIES AND TRANSPORTATION, INCLUDING PO~ER, FUEL AND WATER, AND PERFORMING
ALL. WORK NECESSARY TO CONSTRUCT AND COHPLETE THE FOLLO~NG PUBLIC IMPROVE~NT:
THE SYCAHORE' STREET STREET IHPROVEHENT, FROM APFROXTR4ATELY 437.29 FEET EAST
OF TO APPROXINATELY 163,80 FEET EAST OF OLIVE STREET, IN THE cITY OF ANAHEIM
WORK ORDER NO. 689-A. (R. J. Noble Company - $6,492.40)
Roll Call Vote:
AYES: COUNCILI~N: Stephenson, Sneegas, Thom and Dutton
NOES: COUHCIL~: None
ABSENT: COUNCILMEN: Pebley
The Hayer declared ResolutionNo. 73R-313 duly passed and adopted.
_P~.SOI~ION NO. 73R-314 - AWARD OF b~RK ORDER NO, $1~; In accordance with recouw
mendattons of the City En~ineer, Councilman Sneesas offered Resolution No.
73R-314 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE-CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTINC A SEATJ~D
PROPOSAL AND AWARDING A C(IqTRACT TOT HE LOWEST RESPONSIBLE BIDDKR FOR THE
FURNISHINO OF ALL PLANT, LAB(I,' SERVICES, NATERIALS AND EqUIP~HT AND ALL
UTILITIES AHD TRANSP(ItTATION, INCLUDING I~YdER, FUEL AND ~IATER, AND PERFORNING
ALL WGRK NECESSARY TO C~U~ AHD CONPLETE THE FOLLOt~NO PUBLIC INPROVE~HT:
REMODELING ITITHIN UTILITIES BUILDIHG AT 518 SOUTH ANAHEIM BOULEVARD, IN THE
CITY OF AHAHEIM, WORK ORI)KRNO. 814. (Dick Pebley Construction Company -
$10,4S7.00)
Roll Call Vote:
AYES: COUNClLI~I~:
NOES: COUNCILlOr:
ABSENT: COUNC~:
St:ephenson, Sneesas, Thom and Dutton
Bone
Pebley
The Mayor declared Resolution No. 73R-314 duly pasoed and adopted.
AI~m~TISL.mG_ OUTS!DKCITT LTm'TS: On motiOn by Councilman l)u~ton, seconded by
Councilman Sneesas, all~hids ~eceived for lesal advertisin~ outside of 'the City
Limits were rejected as recommended by the.City Attorney tndCl~y Clerk.
HOTIO~ CARRIED. .-
73-626
City Hall, Anaheim, California - COUNCIL MINUTES - July 31. 1973. 1:30 P.M.
PUBLIC IHPR. OV~I~NT,PR. OJECTS: Councilman Thom offered Resolution Nos. 73R-315 and
73R-316 for adoption.
Refer to Resolution Book.
RE~OLUT~ON NO, 73R-..315 - .W(PdC ~,ER.NO. 648-A: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM FINDII~ AND I~WING THAT PUBLIC CONVENIENCE AND NECES-
SITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEI~, TO WIT:
THE LA PALMA AVENUE STREET IMPROVEMENT FROM WHITTIER STREET TO APPROXIMATELY 724
FEET EAST OF STATE COLLEGE BOULEVARD, IN THE CITY OF ANAHEIM, WORK ORDER NO.
648-A. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS
FOR THE CONSTRUCTION THEREOF: AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IM-
PROVEMENT 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 AmSust 23, 1973, 2:00 P.M.)
RE~OLUTION NO, 73R- 316 - WOrK ORDER NO.' 696-B: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIMFINDINGANDDETERMINING THAT PUBLIC'CONVENIENCE AND NECES-
SITY REQUIRE THE CONSTRUCTION AND C(~{PLETION OF A PUBLIC IMPROVEI~, TO WIT:
THE STATE COLLEGE BOULEVARD STREET II~OVEI~NT FROM APPROXIMATELY 375 FEET SOUTH
OF TO APPROXIMATELY 683 FEET SOt~TH OF ORANGETHORPE AVENUE, IN THE CITY OF ANAHEIM,
WORK ORDER NO. 696-B.; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECI-
FICATIONS 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 August 23, 1973,
2:00 P.M.)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneega8, Thom and Dutton
None
Pebley
The Mayor declared Resolution Nos. 73R-315 and 73R-316 duly passed
and adopted.
RESOLUTION NO, 73R-317 - DEEDS OF EASE~: Councilman Dutton offered Resolution
No. 73R-317 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAIIEIMACCEPTING CERTAIN DEEDS
AND ORDERING THEIR RECORDATION. (Larry P. Catalina and Peter Catalina; Jed
Development, Inc.; John R. Sachet, et al.; James Coleman; Diversified
Electric; Kiyoshi Shisekmea, Hideo Shisekawa and William Shigekawa; Raymond
A. Masciel and Connie Masciel; Dale ~ossett).
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COITRCILlilq:
ABSENT: C(NNCI~:
Stephenson, Sneesas, Thom and Dutton
None
Pebley
The Mayor declared Resolution No. 73R-317 duly passed and adogted.
RESOL~T.IONNO.'73R-318 - INVENTC~Y ~_n_qIST~S. SAT~S TAX- S~_~N_~L!F~i~NIA
~OND~tIATIONNO. 8: In accordance ~lth raco~mendationof the City Attorney, Council-
man Snee~as offered Resolution No. 73R-318 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY CO~IL OF T~ CITY OF AIIA~IM AUTE0~IZING A~D
DIRECT~N~ T~ ~Y~ ~ C~ C~ TO ~~ ~~ ~~S ~ ~
S~~ ~~ EDIS~ C~ (~d~tton No. 8). (in~nto~
adJust~nts and sales t~)
Roll ~11 Vote:
73-627
City Hall. Anaheim. California - COUNCIL HINUTES - July 31. 1973. 1:30 P.M,
AYES: COUNCILMEN: Stephenson, Sneegas, Thom and Dutton
NOES: COUNCII/~N: None
ABSENT: COUNCILI~N: Pebley
The Mayor declared Resolution No. 73R-318 duly passed and adopted.
PURCHASE OF EQUIPMENT - ONE THRE~-,QU ,Al%, ,TER TON PICK-UP TRUCK: The Assistant City
Manager reported on informal bids received for the purchase of one 3/4 ton
pick-up truck for the Parkway Maintenance Division as follows and recommended
acceptance of the low bid:
VENDOR
TOTAL AMDD]N~., INCLUDING TAX
Vern Trider Chevrolet, Anaheim
Anaheim Dodge, Anaheim
McCoy Ford
Santa Ana Dodge
Woods, G.H.C.
$ 3,735.61
4,044.31
no quote
no quote
no quote
On motion by Councilman Stephenson, seconded by Councilman Sneegas
the low bid of Vern Trider Chevrolet was accepted and purchase authorized in
the amount of $3,735.61 including tax. ~10TION CARRIED,
PURCHASE OF EOUIPMENT - THREE 69 I~V ~IGZ.AG GROUNDING TR~S~S; The Assistant
City Manager reported on informal bids received for the purchase of three
69 KV zig zag grounding transformers for the Electrical Division as follows.
Because of long deliveries, the Electrical Division requested'to place an
order for the third unit in phase two of the additions to Lewis Substation.
Mr. Davis reported that two units are to be delivered in 38 weeks and the
third unit in October of 1974. He recommended acceptance of the low bid:
VENDOR
TOTAL AMDIATf. INCLUDING TAX
Westinghouse Electric Corp, Los Angeles
General Electric CO., Los Angeles
Federal Pacific Electric, Los Angeles
Allis Chalmers l~g., Los Angeles .......
$ 186,974.46
204,143,28
209,631.96
no bid
On motion by CouncilmanSneegas, seconded by Councilman Dutton,
the low bid of Westinghouse Electric Corp. was accepted and purchase auth-
orized in the amount of $186,974.46 including tax. MOTION CARRIED.
PURC'~,,SE OF EQU~PHENT - 'I'w'EI/TY~ FO~ INSTANTANEOUS TRIP ATTAC~NTS FOR OVER-
REIA~S: The Assistant City Manager reported on the recommended purchase of 24
instantaneous trip attachments for over-current relays for the Electrical
Division and advised that Westinghouse Electric Corporation, sole supplier
of these instantaneous attachments since they must be compatible with the
exsiting relays on the circuit, has submitted a quotation for said equipment
in the amount of $4,108.56 including tax. He thereupon recommended the
purchase be authorized.
On motion by Councilman Sneegas, seconded by Councilman Dutton,
purchase was authorized in the ~mount of $4,108.56 including tax, as recom-
mended by the Assistant City Manager. NOTION CARRIED.
CLAI~ AGAINST THE CITY: The following claims.were denied as recouanended by the
City Attorney and ordered referred to the insurance carrier on motion by
Councilman Thom, seconded by COUncilman Sneegas:
a. Claim submitted by Marie A. Wilk for personal property damage
purportedly sustained as a result of collisionwith City. vehicle on or
about June 20, 1973.
b. Claim submitted by Rhoda Topper for personal property damage
purportedly as a result of tar beiq sprayed onto her car on or about
June 28, 1973.
c. Claim subedtted by Frank E. Koss for personal property damage
purportedly as a result of City mater reader turning water on which had been
shut off for repair of faucets on.or about July 3, 1973.'
d. Claim sutmitted by Sherri.-- Stromsoe for personal injuries and
damages purportedly tnfl!cted by &nAnahe~Police Offtcer,<m br about
~uly 3, 1973.
73-628
City Hall. _A~__beim. California - COUNCIL MINIITES - July 31. 1973. 1:30 P.M.
e. Claim submitted by Sheri Moore /or personal property damage pur-
portedly as a result of collision with Police vehicle on or about July 11, 1973.
f. Claim submitted by Robert C. Thompson for personal property damage
purportedly as a result of collision with Anaheim dump truck on or abOUt July 23,
1973.
i~DTION CARRIED.
RESOLUTION NO. 73R-319 - DIRECTOR'S _r~_ED FROM TfIE STATE OF CALIFORNIA {DEED NO.
DE 032564-02-02): CounCilman Thom offered Resolution No. 73R-319 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AND
DIRECTING THE ACCEPTANCE OF A DIRECTOR'S DEED FROM THE STATE OF CALIFORNIA
(RIVERSIDE FREEWAY AND IMPERIAL HIGHWAY).
Roll Call Vote:
AYES: COUNCILMEN: Stephenson, Sneegas, Thom and Dutton
NOES: COUNCILMEN: None
ABSENT:. COUNCILMEN: Pebley
The Mayor declared Resolution No. 73R-319 duly passed and adopted.
METROPOLITAN WATER DISTRICT - RESOLUTION ESTABLISHING RATES: On motion by Councilman
Stephenson, seconded by Councilman Sneegas, Resolution No. 7518 of the Metropol-
itan water District, amending Resolution No. 5170, establishin~ rates for water
sold and delivered by the Metropolitan Water District of Southern California,
effective July 1, 1975, was ordered received and filed. MOTION CARRIED.
CORRESPO.NDENCE: The following correspondence was ordered received and filed on motion
by CoUncilman Sneegas, seconded by Councilman Stephenson:
a. Before the Public Utilities Commission - Investigation on the
Commission's own motion into the Planning, Constructio'n, Operations, Practices,
Aesthetics, and Economics of overhead and underground transmission facilities of
all electric public utilities in the State of California.
b. City of Huntington Beach ~ Resolution No. 3723 - Calling for the
dissolution of the Orange County Mosquito Abatement District.
c. Public Utilities Commission - Case No. 9452 - Order institutin~
investigation on the Commission's own motion into methods of compliance with
Environmental Quality Act of 1970 - SUpplemental opinion denying rehearir~ and
modifyin~ decision no. 81237.
d. Anaheim Public Library Board - Minutes - June 18, 1973.
e. Financial and Operatin~ Reports for the Month of June, 1973 for
the Electrical Division.
f. City of Costa Mesa - Supporting the Orange County Mosquito Abate-
ment District.
MOTION CARRIED.
ORDINANCE NO. }196: councilman Sneegas offered Ordinance No. 3196 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDIN~ TITLE 14, cHAPTER 14.32, SECTION
14.32.190 OF THE ANAHEIM NUlqlCIPAL COI)~ RELATING TO PARKINC.- (Ho parking any
time - La Palma Avenue (Euclid Street, north Side; Brookhurst Street, south
side; Onondaga Avenue; Catalpa Avenue to Brookhurst street,)
Roll Call Vote:
AYES: COUNCII2/EN: Stephenson, Sneegas, Thom and Dutton
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Pmbley
The Mayor declared ordinance Ho. 3196 duly passed and adopted.
73-629
~ity Hall~ Anaheim~ California - COUNCIL MINUTES - July 31~ 1973~ 1:30 P.M.
ORDINANCE NO. 3197: Councilman Stephen$on offered Ordinance No. 3197 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (72-73-43 - C-l)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Thom and Dutton
None
Pebley
The Mayor declared Ordinance No. 3197 duly passed and adopted.
ORDINANCE NO. 3199: Councilman Sneegas offered Ordinance No. 3199 for first reading.
AN ORDINANCE OF THE CITY OF ANAHEIM ANENDIN~ TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (69-70-43 (3) - M-I)
ORDINANCE NO. 3200: Councilman Stephenson offered Ordinance No. 3200 for first
reading.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE lS OF THE ANAHEIM
MUNICIPAL coDE RELATING TO ZONING. (61-62-69 (61) - M-l)
RECLASSIFICATION NO. 71-72-73 - EXTENSION OF TIME: Request of Mr. H. J. Belshe,
for a one-year extension of time to ReclassificatiOn No. 71-72-73 for compliance
with certain'conditions, continued from the meetings Of July 17 and July 24,
1973, to this date was submitted together with report of the City Engineer.
Zoning Supervisor Roberts gave a verbal report, advising that in view
of the fact that there are still some concerns which remain unresolved, it is
recou~nended that the City Council grant a six-month extension of time to apply
t° both Portion Nos. 1 and 2.
On motion by Councilman Sneegas, seconded by Cou~cilman DUtton, an
extension of time was granted to Reclassification No. 71-72-73 retroactive to
July 11, 1972 and a six-month extension expiring January 11, 1974. MOTION
CARRIED.
REQUEST - DE-ANNEXATION - CITY OF BUENA PARK: Mr. Robert Davis requested Council
authorization to request approval from the City of Buena Park of annexation to
Anaheim of a triangular portion of land located within their city limits, lying
south of the Carbon Creek Channel, north of the Pacific Electric Railway, at the
terminus of Savanna Street, which property is now ready for development and can-
not be serviced by Buena Park.
On motion by Councilman Thom, seconded by Councilman Sneegas, the City
Council authorized a letter to be directed to'the City Council of Buena Park
requesting approval of de-annexation of a small portion of land lying within
their boundaries and annexation thereof to Anaheim, as said property is inaccess-
able to that City and would be more logically serviced by the City of Anaheim.
MOTION CARRIED.
HADCO ENGINEERING - INVENTORY REDUCTION SAT.~: Request of Mr. A. L. Sharp, Vice
President, Sales, Hadco Engineering, dated July 20, 1973 to continue an inven-
tory reduction sale of Sherwood Camping Trailers at their plant located at 2727
East Coronado Street, was submitted for CoUncil consideration.
On motion by Councilman Thom, seconded by Councilman Stephenson, the
City Council approved the continued inventory sale at 2727.East Coronado Street
through the month of September, 1973. MOTION CARRIED.
RESOLUTION NO. 73R-320 - EASEMENT DEED~ BROOKHURST AND ORANGE: On the recommendation
of the City Engineer, Councilman Sneegas offered Resolution No. 73R-320 for
adoption, rescinding Resolution No. 73R-292, which accepted easement deed and
authorized settlement in connection with Right of Way No. 1352-1 Harry E. and
Dorothy Homewood. '
73-630
.~it¥ Hall~ Anaheimt California - COUNCIL MINUTES - July 31~ 1973, 1:30 P.M.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RESCINDING RESOLU-
TION NO. 73R-292 DIRECTING ACCEPTANCE OF EASEMENT DEED FROM HARRY E. AND
DOROTHY HOMEWOOD. (Brookhurst Street and Orange Avenue.)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCILMEN: Stephenson, Sneegas, Thom and Dutton
COUNCILMEN: None
COUNCILMEN: Pebley
The Mayor declared Resolution No. 73R-320 duly passed and adopted.
REQUEST FOR PERMISSION TO STORE AUTOS IN THE' M-1 ZONE: Councilman Sneegas brought
to Council's attention a verbal request made by Mr. Frank Stephan, Pacific Coast
Adjusters, to utilize property located at 1231 North Lemon Street, currently
zoned M-l, for temporary storage of repossessed automobiles.
Mr. Watts summarized the situation as being a question of whether this
proposed use is a matter of right in the M-1 Zone or whether a~conditional use
permit would be necessary. Assistant City Attorney John Dawson has rendered an
opinion, per his memorandum July 25, 1973, that the temporary storage of auto-
mobiles is an appropriate use under, the current zoning of that property. Further
that was some question as to whether or not additional desired dedication of pro-
perty south of subject lot (Alex Foods) may be made a condition of this approval
and it was Mr. Dawson's opinion that this could not be obtained through the appli-
cant in this case as this is a separate property which abuts the Alex_Foods lot.
Mr. Watts advised, on the basis of what he has learned of the sttuatio~, that it
would be his recommendation that Council need take no action on this matter.
Councilman Sneegas advised that the Applicant had requested some indi-
cation as to whether this proposed use would be permitted so that he could proceed
with necessary arrangements to conduct his business from this site.
CHINO HILLS AIRPORT COMPLEX~ INC. - S.UGGESTION REGARDING PRADODAM SILT: Mayor Dutton
reported a sUggestion made by am ember of .the Anaheim Chamber of Commerce in light
of the difficulities encountered with silt build-up at the Prado Dam that a con-
veyor belt system of some sort be set up and this material used to fill in, in-
stead of leveling off, the hills at the proposed Chino Hills Airport site.
RECESS - EXECUTIVE SESSION: Councilman Thom moved to recess to Executive Session.
Councilman Stephenson seconded by motion. MOTION CARRIED. (3:50'P.M.)
AFTER RECESS: Mayor Dutton called the meeting to order, all Councilmen being present
with the exception of Councilman Pebley. (4:45 P.M.)
RESOLUTION NO. 73R-321 - AMENDING THE SALARY RESOLUTION CHANGING THE RATE OF CITY
TREASURER SAL~,Y SCHEDULE AND CREATIN~ ~ JOB CLASS OF. LICENSE COI.r.~CTO~: "On report
and recommendation of the Personnel Director, Councilman Sneegas~offered ReSolu-
tion No. 73R-321 for adoption amending Resolution No. 72R-481 to reallocate the
existing job class of City Treasurer to compensation s~hedule X827 ($1,178.67 -
$1,433.47) and create a new Job class of License Collector allocated to compen-
sation schedule X520 ($741.87 - $901.33), effective August 24, 1973.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION
NO. 72R-481 AND ESTABLISHING A RATE OF PAY FOR ANEW JOB CLASS. (City
Treasurer and License Collector)
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Thom and I)utton
None
Pebley
The Mayor declared Resolution No. 73R-321 duly passed and adopted.
73-631
City Hall; Anaheim~ California - COUNCIL MINUTES - July 31~ 1973~ 1:30 P.M.
EMPLOYI~NT OF MAYBELLE SPENCER - 30 DAY CONTRACT: Mr. Alan Watts advised that in
connection with the retirement of Mrs. MayBelle Spencer it is recommended that
she be employed to continue her duties as Treasurer for a period of 30 days by
contract, at a sum of $1,400 which includes compensation for loss of benefits
received as a ~ity employee.
RESOLUTION NO. 73R-322: Councilman Stephenson offered Resolution No. 73R-322
for adoption, authorizing the Mayor and City Clerk to execute a contract employ-
ing Mrs. MayBelle Spencer for a period of 30 days at $1,400.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS
AND CONDITIONS OF AN AGKEEMENT TO EMPLOY MAYBELLE SPENCER AS CITY TREASURER
AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT.
Roll Call Vote:
AYES: COUNCILMEN: Stephenson, Sneegas, Thom and Dutton
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Pebley
The Mayor declared Resolution No. 73R-322 duly passed and adopted.
RESOLUTION OF CONGRATULATIONS: This being the last official day of Mrs. Spencer's
employment by the City, prior to employment by contract as previously authorized,
a Resolution of Congratulations was unanimously adopted by the City Council,
to be formally presented to Mrs. Spencer at the appropriate occasion.
On direction of the City Council, the City Clerk read the resolution
into the record as follows:
RESOLUTION OF CONGRATULATIONS
WHEREAS, MayBelle E. Spencer has served the City of Anaheim
with efficiency, dedication and distinction since she joined the organ-
ization as a clerk in 1954, as Deputy City. Treasurer since 1955, and
as City Treasurer and License Collector since 1956; and
WHEREAS, through her knowledge and diligence in the investing
of available funds through these years, Mrs. Spencer has accrued sub-
stantial financial benefits for the administration of the City; a~d
WHEREAS, in addition to these material contributions, Mrs.
Spencer has brought credit and recognition to the City of Anaheim through
her leadershiP as a founder, charter member and director of the Calif-
ornia Municipal Treasurers' Association an~ through active membership
in other professional and civic organizations of local, regional and
national scope.
NOW THEREFORE BE IT RESOLVED that the Anaheim City Council,
in consideration of the faithful and arduous performance of this
respected municipal officer does commend and congratulate
MAYBELLE E. SPENCER
for a job done consistently in the best interests of the Anaheim
citizen and, further, extends to her and her husband Cullen best wishes
for a long and joyous retirement.
AUTHORIZED by the Anaheim City Council this 31st day of -
July, 1973.
/s/ .Jack C. l)utton
JACK C. DUTTON, MAYOR'
73-632
City Hall~ Anaheimt California - COUNCIL MINUTES - July 31~ 1973~ 1:30 P.M.
ATTEST:
/s/ Dene M. Daoust
CITY CLERK, CITY OF ANAHEIM
Ralph G. Snee~as
BALPH G. SNEEGAS, MAYOR PRO TEM
/s/ Calvin L. Peble~
CALVIN L. PEBLEY, COUNCILMAN
/s/ Mark A. Stephenson
MARK A. STEPHENSON, COUNCILMAN
/s/ W. J. (Bill) Thom
W. J. (BILL) THOM, COUNCILMAN
APPOINTMENT - MR. G~...S..T~dART, CITY T~_~SUI~: Mr. M. R. Ringer recommended the
position of City Treasurer be filled from'one of the three Senior Accountant
positi~s currently staffed, ~ich classification, with the 5 percent increase,
would be approxi~tely the s~e salary Catego~ as that of City Treasurer.
Of the three Senior Accountants, Mr. Ringer rec~nded appointment of
Mr. Glenn Stewart, Senior Accountant in the Accountzng Department. Mr. Ringer
advised that Mr. Stewart has been with the City 11 years, holds a Bachelor of
Science Degree from Cal State Long Beach, with a major in accounting, and is a
retired Major, United States Air Force.
Councilman Dutton moved that Mr. Glenn Stewart be appointed to the
office of City Treasurer of the City of Anaheim. Councilman Stephenson seconded
the motion. MOTION CARRIED.
ADJO~T:. CouncilmanSt~phenson moved to adjourn. Councilman Sneegas seconded
the motion. MOTION CARRIED.
Adjourned: 4:50 P.M.
City Clerk