1973/10/0973-802
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 9; 1973; 1:30 P.M..
The City Council of the City of Anaheim met in regular session.
PRE SENT:
ABSENT:
PRE SENT:
COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton
COUNCILMEN: None
ASSISTANT CITY MANAGER: Robert M. Davis
ACTING CITY ATTORNEY: Alan R. Watts
ASSISTANT CITY ATTORNEY: John H. Dawson
CITY CLERK: Dene M. Daoust
DEPUTY CITY CLERK: Aloha M. Farrens
CITY ENGINEER: James P. Maddox
ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson
ZONING SUPERVISOR: Charles Roberts
Mayor Dutton called the meeting to order.
INVOCATION: Reverend Bryan Crow of the Euclid Baptist Church gave the Invocation.
FLAG SALUTE: Councilman Mark A. Stephenson led the Assembly in the Pledge of
Allegiance to the Flag.
WELCOME:
Mayor Dutton welcomed five students from Anaheim High School covering
the meeting for the school newspaper "The Anoranco"~ and several govern-
ment students from Katella High School to the City Council meeting.
MINUTES: Minutes of the Anaheim City Council Regular Meeting held September 18, 1973
were approved on motion by Councilman Thom, seconded by Councilman Sneegas.
Because of absence, Councilman Stephenson abstained from voting on approval of
the Minutes. MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND P~,SOLUTIONS: 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 Pebley seconded the motion. MOTION UNANIMOUSLY CARRIED°
REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the amount
of $1,221,139.17, in accordance with the 1973-74 Budget, were approved.
PUBLIC HEARING - ABANDONMENT NO. 73-1A: In accordance with application filed by Dan
L. Rowland, Agent, Garden Park General Hospital, public hearing was held on pro-
posed abandonment of a portion of a dedicated roadway, commonly known as Mystic
Lane, located east of Gilbert Street, north of Ball Road, pursuant to Resolution
No. 73R-414, duly published in the Anaheim Bulletin and notices thereof posted in
accordance with law.
Report of the City Engineer was submitted recommending approval of said
abandonment request subject to the following conditions:
1. The annexation proceedings presently being processed be completed
prior to completion of abandonment of said roadway.
2. The application for rezoning under Reclassification No. 73-74-4 be
approved, and all conditions of same be complied with.
3. The applicant will bear all costs of removal, relocation and/or
necessary revisions to existing water lines, sanitary sewer lines, gas lines and
public utility facilities.
4. The Southern California Gas Company maintains gas piping facilities
within the area to be abandoned, and requests a public utility easement be re-
served and excepted from said abandonment.
5. The Garden Grove Sanitary District requires a reservation of a lO-
foot sanitary sewer easement to accommodate existing facilities.
6. That the proposed new cul-de-sac be dedicated prior to the abandon-
ment of existing street, and the applicant will submit standard street improvement
plans to the City Engineer for approval of said cul-de-sac.
7. A bond be posted to cover the installatiom of new street improvements
required at the cul-de-sac proposed, and for the relocation, remodeling and/or
revision of existing utilities including sanitary se~er line.
73-803
City Hall; Anaheimt CaliforniaI- COUNCIL MINUTES - October 9! 1973; 1:30 P.M.
Mayor Dutton asked if anyone wished to address the Council; there
being no response, declared the hearing closed.
RESOLUTION NO. 73R-457: Councilman Stephenson offered Resolution No. 73R-457
for adoption, approving Abandonment No. 73-1A, subject to the conditions recom-
mended by the City Engineer.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE
VACATION AND ABANDONMENT OF CERTAIN REAL PROPERTY DESCRIBED HEREIN AND
RESERVING THEREIN CERTAIN EASEMENTS FOR PUBLIC UTILITY PURPOSES°
(73-1A)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-457 duly passed and adopted.
PUBLIC HEARING - RECLASSIFICATION NO. 73-74-11~ CONDITIONAL USE PERMIT NOo 1415 AND
ENVIRONMENTAL IMPACT REPORT NQ. 97 WITH ADDENDUM SUPPLEMENT: Application by RalPh
E. and Viola E. Poh, Anaheim Hills Inc./Texaco Ventures, Inc., requesting a
change in zone from R-A to R-2 and the following Code waivers to establish a
ll9-unit one and two-story planned residential development on the east side of
Anaheim Hills Road, south of Santa Aha Canyon Road, was submitted together with
E.I.R. No. 97 and Addendum Supplement:
a. Required frontage of lots on a dedicated street.
b. Minimum building site area.
c. Minimum building site width.
d. Required block wall abutting a single-family residential zone~
boundary.
The City Planning Corznission pursuant to Resolution No. PC73-197,
recommended denial of Reclassification No. 73-74-11 and that E.I.R. No. 97 be
adopted as Council's statement. Pursuant to Resolution Nb. PC73-198, the City
Planning Commission denied Condition Use Permit No. 1415 and recommended that
E.I.R. No. 97 be adopted as the Council's statement.
The City Clerk submitted letters received from the Santa Aha Canyon
Property Owner's Association, dated October 3, 1973 in opposition to the pro-
posed reclassification and conditional use permit; and from the Santa Aha Canyon
Improvement Association, Inc., dated September 29, 1973, also in opposition to
the proposed project and requesting that the public hearing be scheduled for
an evening meeting so as to allow more community representation.
ENVIRONMENTAL IMPACT STATEMENT: On motion by Councilman Stephenson, seconded
by Councilman Sneegas, the City Council accepted E.I.R. No. 97 with the Addendum
Supplement, and E.IoR. Review Committee Analysis thereof, together with the
City Planning Commission recommendation and adopted same as the Statement of the
Council. MOTION CARRIED.
Mr. Roberts described the location of subject property and using the
plot plan indicated the surrounding land uses which include the Santa Aha Valley
Irrigation Cannel along the north boundary~ Anaheim Hills property to the south
and R-1 subdivisions to the west across Anaheim Hill Road. The proposed reclass-
ification and conditional use permit refer to 14 acres, the major portion of the
property being owned by Anaheim Hills, Inc., Texaco Ventures, Inc., and five
acres of the easterly segment is under separate ownership. The reclassification
to R-2 Zone and conditional use permit are requested to allow development of a
ll9-unit planned residential development. Four of the waivers requested are
typical with this type of postage stamp lot subdivision. The remaining waiver
pertains to the block wall along the boundaries where the proposed project would
abut the single-family tracts to the east and southeast.
73-804
~ity Hall~ Anaheim~ California - COUNCiIL MINUTES - October 9~ 1973~ 1:30 P.M.
Mr. Roberts noted that the current zoning on the property is R-A and
that there is a resolution of intent to R-H-22,000 on the easterly five acre
parcel, which property was included in the Mohler Drive Annexation area. The
project is intended to be developed with a private street system, with inter-
section onto a proposed public street to be located on the Santa Ana Valley
Irrigation Cannel right-of-way, which would intersect with Anaheim Hills Road~
said intersection to maintain the prescribed setback from Santa Aha Canyon Road
so as to eliminate a five point intersection.
Mr. Roberts reported that the parking proposed in this project includes
a two car garage for each unit with two spaces in front of the garage on the
driveway, so that the ratio of parking spaces per dwelling unit would be over
four. All units are to be set back 25 feet from the curb line of the private
street system. Mr. Roberts pointed out that the net density of the project is
slightly over 10 units per net residential acre with lot coverage of 347°, where-
as the zoning designation requested, R-2, would permit a maximum of up to 18
units per net residential acre. The Fire Department has reviewed the proposed
emergency accessways and has indicated that the circulation and access pattern
would be adequate from their point of view.
The subject property lies within the Scenic Corridor Overlay Zone
and Mr. Roberts advised that the Applicant's proposal provides for the required
50-foot wide landscaped setback along Anaheim Hill Road. The Anaheim General
Plan designates the area as appropriate for low density residential, and the
Planning Commission, following review of the proposal has made recommendation to
the City Council that the reclassification and conditional use permit be denied
on the basis that this is not in conformance with the Anaheim General Plan and
would establish an undesirable precedent to further breakdown of densities pre-
viously approved for the Anaheim Hills area.
Councilman Dutton pointed out that prior to the current zoning applica-
tion, more than half of subject property had a resolution of intent to C-1 zoning,
which was terminated recently in favor of subject application.
The Mayor asked if the Applicant or his Agent were present and wished
to address the Council.
Mr. James Barisic, Vice President, Anaheim Hills, Inc., advised that
his firm has given close scrutiny to potential buyers of subject property as well
as to the project proposed because the location of the property is near the
entrance to Anaheim Hills on whic~ considerable sums of money have been spent in
advertising and development. He advised that Anaheim Hills, Inc. has been active
in the Santa Ana Canyon, attempting to develop a master planned community for the
past three to four years. He cormnented that a general plan for overall develop-
ment was prepared and filed which called for development of 15,000 dwelling units
and that this has been reduced due to the terrain, economic considerations and
aesthetics. He advised that General Plan Amendment No. 123-A, adopted one and
one-half years ago, refers to 670 acres and at adoption 3,700 units were approved
for construction, however since that time the number has been reduced to 2,400
units which represents a 35% reduction in overall density. Mr. Barisic referred
to the fact that during all of the discussion which ensued relative to the P.C.
Zone, it was understood that there might be shifts in densities from one area to
another.
He reiterated that all potential developers of subject property were
carefully evaluated as were their proposals to insure that only a quality develop-
ment would be built on subject property, and several proposals for apartments,
four-plexes and etc., were rejected. He advised that the Applicant, Southwest
Properties, Inc., has designed a project of which Anaheim Hills, Inc./Texaco
Ventures, Inc., approves, after having reviewed the site planand all architectural
renderings.
Mr. Barisic introduced Mr. Tim Unger, representing Southwest Properties,
Inc., 500 South Main Street, Orange, who stated that his firm chose the subject
site for the following reasons: 1.) It is within a very strong market area, be-
ing located in the only planned community of any scale in the area; 2.) The
site is located at the entrance to Anaheim Hills' project which gives thrum some
competitive advantage because of the Anaheim Hills advertising program; 3.) The
character of the site lends itself particularly well to this type of development.
73-805
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 9~ 1973! 1:30 P.M.
Mr. Unger explained that the project would comprise 14.15 acres of
property, and has 8.4 units to the gross residential acre, 10.2 to the net
residential acre. The individual units will vary in size from 1~372 to 1,908
square feet, and 55% of the project will be single story because of market
considerations as well as setback requirements adjacent to single-family tracts.
Mr. Unger advised that children in the condominium project will be
restricted to 16 years of age or over and thus the impact on local schools
should be negligible. The 64-foot roadway will be built at the developer's
cost which should serve to reduce the traffic congestion which will undoubtedly
increase if property to the east is developed. The first phase of the 76-inch
storm drain required pursuant to the City's Master Plan for drainage will also
be constructed in the Santa Ana Valley Irrigation Channel underneath the roadway.
Mr. Unger pointed out that the existing topography will remain as
natural as possible and the existing windbreak of eucalyptus and avocado trees
will be preserved to the extent possible. He reported that it is his company's
intent to replace those trees which are removed with 224 inch boxed specimen
trees.
Mr. Unger presented a series of slides depicting the architectural
renderings for subject project as well as photographs of similarily developed
properties, aerial comparisons of planned residential developments versus R-1
tracts, illustrations of the depressed driveway and tuck-under parking system,
and open green space landscaped areas.
During the slide presentation~ Mr. Unger pointed out that due to
marketing considerations and the rural atmosphere of the site, since the pro-
ject was shown to the Planning Commission it has been decided to use an all wood
type project rather than the tile roof-mediterranean concept.
Councilman Thom inquired specifically how this plan which is presented
differs from that which was considered by the City Planning Commission.
Mr. Unger answered that the variations are in the wood accents and
different roof materials only; the modules, their conformations and locations
are the same.
Councilman Stephenson questioned whether each unit is provided with
its own garage, to which Mr. Unger replied affirmatively.
In further reply to Councilman Stephenson, Mr. Unger briefly explained
the building types and locations of the various types of units within the build-
ings.
The Mayor asked if anyone in opposition to the proposed project wished
to address the Council.
Mr. Stewart Moss, Vice President~ Santa Aha Canyon Property Owners
Association, advised that a letter is on file stating objection of this group
to the proposed project. Mr. Moss added that with all due respect to the ap-
parent quality of this particular development, they still have to maintain a
position of opposition to it on the basis of the precedent which would beestab-
lished by putting this high density development in this particular area which
already has intensive single-family development. Additionally~ they object be-
cause of the eventual heavy traffic concentration at this particular intersec-
tion, which development of the high density project at this location will only
aggravate. In addition, Mr. Moss remarked that if this particular project is
allowed, it will precipitate many requests for similar types of development.
The General Plan indicates the area is to be developed as relatively lowdensity
residential and the proposed project does not conform.
Mr. Moss concluded with the statement that although the Santa Ama
Canyon Property Owners Association is in agreement with most of the Anaheim
Hills planned community development, they feel that subject property requires
a significant amount of imaginative thinking in order to develop a plan which
conforms with the standards which have been established.
73-806
City Hall! Anaheim; California - COUNCIL MINUTES - October 9; 1973; 1:30 P.M.
Mrs. Mary Dinndorf, President, Santa Aha Canyon Improvement Associa-
tion, Inc., spoke in opposition to the reclassification and conditional use per-
mit under consideration. She presented copies of a petition, which she stated
contained signatures of 98% of the homeowners in the three R-1 tracts to the
west of subject property, which indicate their opposition to this proposed zone
change and development. She remarked that approval of this zone change would
permit 10.2 units to the acre, or 33 1/3% over the acceptable limit, since the
current standard according to the General Plan provides for the density not to
exceed 7 units to the acre.
She referred to the problems inherent in development such as schools,
traffic, smog, noise pollution and general prostitution of land use and admonished
that Anaheim Hills cannot be considered as a separate entity from the rest of
the canyon.
Mrs. Dinndorf quoted a Los Angeles Times article, published October 3,
1973, which is representative, she remarked, of the sentiment which is building
in the Santa Aha Canyon and Southern California as a whole, towards a regional
approach to controling air pollution which strengthens the arguments for a re-
gional land use agency. In conclusion, Mrs. Dinndorf con~nented that she is not
an environmentalist per se, but merely a concerned citizen representing others
who share her feelings relative to maintaining the beauty of the canyon.
Mr. Jim Stroop, 4127 Wyck Avenue, Bell, advised that he owns two acres
of property to the east of subject site and wishes to voice his objection to the
development of this property in the manner proposed on the basis of the additional
traffic to be generated and the inadequacy of the roads to accommodate this
traffic. He also noted that the Orange Unified School. District is in opposition
to the project because they are unable to provide the necessary s~hools. In
addition Mr. Stroop referred to the drainage problem in the area. He was not
convinced that the property owners would use the garages for parking, but rather
felt that they would utilize the driveways. The shake roofs proposed by the
developer would not be suitable in fire situations according to Mr. Stroop. The
pending legal action initiated by Riverside and San Bernardino Counties relative
to environmental conditions was also mentioned by Mr. Stroop as reason for dis-
approval of subject zoning action.
Councilman Dutton assured Mr. Stroop that any development which is
initiated on properties within the City must meet certain standards imposed by
the Sanitation Division and Fire Department, as well as adequate drainage to the
satisfaction of the City Engineer. Regarding the school situation, he advised
that there is a high school planned to built in the irmmediate vicinity and since
the covenants, conditions and restrictions will restrict the ages permissable in
the condominium project to 16 and over, no further serious impact should be felt
by the school system.
Mayor Dutton also mentioned that the Applicant proposes to provide 522
total parking spaces, slightly over four per unit.
In reference to the legal action to be taken by Riverside and San
Bernardino Counties, Councilman Sneegas commented that to his observation these
counties are not curbing their own growth activity at all, and not realistically
facing their problems but merely blaming someone else for them.
In conclusion, Mr. Stroop contended that the development under discussion
would be more suitable for further back in the canyon and this site more appro-
priate for 7~200-$quare foot R-1 lots.
Mr. Roger Wilson, representing the Orange Unified School District, ad-
vised that he has been directed by the School District to read their letter into
the public discussion on Tentative Tract No. 8409,. Reclassification No. 73-74-11,
Conditional Use Permit No. 1415 and Environmental Impact Report No. 97.
Prior to reading the letter, Mr. Wilson explained that the Orange Unified
School District assumes that this development, having multi-bedroom units, will
generate families which can be expected to contain school children of any grade
level.
73-807
~tty Hall! Anaheim~ California - COUNCIL MINUTES - October 9~ 1973, 1=30 P.M.
The letter read by Mr. Wilson cited the following figures for school
age population which would be generated by the proposed project: Kindergarten
through sixth grade, 59½; grades seven through nine, 25.751 grades ten through
twelve, 29.75; said figures were obtained through their consultant master
school planners, Westinghouse Learning Corporation.
The impact of these additional students on the existing facilities
was discussed and summarized as follows: K through sixth grades - these addi-
tional children would be in the attendance area of Crescent Elementary School
which is one mile walking distance, and no bussing will be provided. The en-
rollment capacity at this school is 560 students, and as of June 14, 1973, the
enrollment was 448 students. Thus this school is rapidly nearing capacity and
will be overcrowded by the time Tract No. 8409 is completed. Unless additional
school funds become available, students living in this tract will be placed on
double sessions or will be bussed to schools where there is available space.
For students in grades seven through 9, the Vista Del Rio Junior High School
would be the closest, which is located one and one-half miles from subject
tract and no bussing will be provided. The enrollment capacity at this junior
high school was surpassed in June, 1973, while a gain of 324 students is ex-
pected during the 1973-74 school year. He advised that Canyon High School is
under construction and is not projected to be complete until 1974-75. In the
meantime there is currently a student overload at Villa Park High School which
is receiving students from Santa Aha Canyon on double sessions.
Mr. Wilson advised that the School District is not opposed to growth
but to approval of residential tracts at a rate faster than the School District
can obtain funds to build the necessary schools which would accommodate the
children. He advised that they are asking the cooperation of the City Council
in coordinating residential growth with the capacity of the Orange Unified
School District to meet the demands.
Councilman Dutton remarked that the Orange Unified School District
has had knowledge of impending development of 4,200 acres in the hill and can-
yon area for a number of years and inquired of Mr. Wilson what steps the dis-
trict has taken to meet these coming needs.
Mr. Wilson replied that the District has acquired 20 acres of pro-
perty along Santa Aha Canyon Road and Mohler Drive as a junior high school site,
and this has depleted current available funds; they can go no further without
additional monies.
Councilman Dutton noted that the development in the canyon area should
give the School District a greater tax base to provide the necessary funds. He
remarked that in 1955 the Orange Unified School District wanted these additional
areas incorporated into said District but now that the time has come for the
District to meet its responsibilities they are apparently unwilling to accept
them. He expressed the opinion that the School District should endeavor to
meet its responsibilities and demands as they occur.
Mr. Wilson requested that Councilman Dutton place his thoughts and
remarks in writing and direct them to the Superintendent of the Orange Unified
School District prior to any zoning decision on this tract or other development~,
so that the Superintendent might respond.
Councilman Pebley remarked that in the western portion of Anaheim,
when intense development began, the schools were on double sessions for over
six years, and from his personal experience as a parent and member of the
school board this did not have any na~ative e~ect on education, as'a matter
of fact he remarked that he felt the maximum use was being made of the school
buildings.
Mr. Wilson stated that the Orange Unified School District believes
in quality education and does not feel that double sessions can be equated with
quality education. He reiterated that all they wish is the cooperation of the
City Council in coordinating efforts to supply school facilities with residen-
tial growth.
The Mayor asked if anyone else wished to address the Council in
opposition, and hearing none, offered the Applicant a few minutes for rebuttal.
73-808
City Hall~ Anaheim~ California - COUNCi!L MINUTES - October 9~ 1973~ 1:30 P.M.
Mr. Barisic explained that after the Planning Commission hearing he
spoke with Mr. Harry Platt, the Business Manager of Orange Unified School Dis-
trict and indicated to him that subject development would be adult oriented and
would not be expected to generate children of elementary or junior high school
age. Mr. Barisic reported that Mr. Platt was not aware of this fact previously.
Further Mr. Barisic advised that although there will be high school age children
in the condominium project, the project date for completion of the first phase of
construction should coincide with the opening of Canyon High School and therefore
no additional high school students would be placed into the school system until
the facilities were available.
Mr. Barisic further noted that several comments have been made as to
the apparent quality of the proposed project, and remarked that if everyone
agrees this is such a good project, he could see no reason why it should not
be constructed on the site selected. He stated that the Scenic Corridor Zone
when adopted was not meant to preclude any types of development, it was designed
to place more stringent requirements or conditions upon the development. He ad-
vised that in this instance, with only one exception, the developer proposes to
meet every one of these conditions. He explained that the developer will main-
tain the tree line and the open spaces and that he personally felt the idea of a
homeowner's association maintaining massive landscaped setbacks and open green
spaces is more appealing to him than the prospect of more cinder block wall. He
added that the idea behind the Anmheim Hills' Master Plan has been to provide
flexibility, and that although there have been shifts in densities, consistently
densities have dropped rather than increased.
Regarding generation of additional traffic, he advised that it is
estimated that this type of development would generate 8½% more traffic than a
standard R-1 project, but less than half if it were developed to commercial uses.
In conclusion, Mr. Barisic advised that they have not consistently asked
for waivers but rather have attempted to comply with the conditions wherever
possible.
Councilman Dutton asked for which boundaries the waiver of block walls
was requested.
Mr. Barisic replied that they wish a waiver of the block wall require-
ment on the southern boundary because of the sloping terrain but not on the eas~
tern boundary as previous stated. Mr. Barisic added that the owners of properties
to the south and east of subject site, who intend to develop their parcels in
R-H-22,000 one-half acre subdivisions, are not opposed to subject development.
Mayor Dutton closed the hearing.
Councilman Thom remarked that he felt compelled to agree with the Plan-
ning Commission recommendation relative to the project in that what is proposed
is not in conformance with the densities allocated to this area in the General
Plan, and because approval of this tract would establish an undesirable precedent.
In particular he felt that an R-1 tract on a portion of subject property would be
the appropriate buffer zone to the project R-H-22,000 properties along Santa Aha
Canyon Road.
RESOLUTION: Councilman Thom thereupon offered a resolution to uphold the findings
of the City Planning Commission, denying approval of Reclassification No. 73-74-11
and to deny Conditional Use Permit Nd. 1415.
The foregoing resolution failed to carry by the following Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Thom
Stephenson, Sneegas, Pebley and Dutton
None
Mr. Roberts was recognized by the Mayor and reported that should the
Council approve Reclassification No. 73-74-11, it is the recommendationofDevelop-
ment Services staff that a small parcel of property, which is a well site, immed-
iately adjacent to subject property be included in the zoning action. He advised
that the developers had attempted to obtain authorization to include this and that
this required authorization was received October 8, 1973.
73-811
City Hallt Anaheim; California - COUNCIL MINUTES - October 9! 1973! 1:30 P.M.
9. That drainage of said property shall be disposed of in a manner
satisfactory to the City Engineer. If, in the preparation of the site, suffici-
ent grading is required to necessitate a grading permit, no work on grading
will be permitted between October 15th and April 15th unless all required off-
site drainage facilities have been installed and are operative. Positive as-
surance shall be provided the City that such drainage facilities will be com-
pleted prior to October 15th. Necessary right-of-way for off-site drainage
facilities shall be dedicated to the City, or the City Council shall have init-
iated condemnation proceedings therefor (the costs of which shall be borne by
the developer) prior to commencement of grading operations. The required drain-
age facilities shall be of a size and type sufficient to carry runoff waters
originating from higher properties through said property to ultimate disposal
as approved by the City Engineer. Said drainage facilities shall be the first
item of construction and shall be completed and be functional throughout the
tract and from the downstream boundary of the property to the ultimate point of
disposal prior to the issuance of any final building inspections or occupancy
permits. Drainage district reimbursement agreements may be made available to
the developers of said property upon their request.
10. That grading, excavation, and all other construction activities
shall be conducted in such a manner so as to minimize the possibility of any
silt originating from this project being carried into the Santa Ama River by
storm water originating from or flowing through this project.
11. That the vehicular access rights to Anaheim Hills Road and the
two proposed new roads to the north and south shall be dedicated to the City of
Anaheim.
To this motion, Councilman Thom voted "no". MOTION CARRIED.
PUBLIC HEARING - RECLASSIFICATION NO. 73-74-16 AND ENVIRONMENTAL IMPACT REPORT EX-
EMPTION STATUS: Application by Mohanlal S. Patel requesting a change in zone from
R-A to C-1 to establish a travel agency in the office area of the existing 18-
unit motel on the north side Lincoln Avenue, west of Kathryn Drive, was submit-
ted together with application for Exemption Declaration Status.
The City Planning Commission pursuant to Resolution No. PC73-202,
recommended that no environmental impact report be required and that Reclassifi-
cation No. 73-74-16 be approved subject to the following conditions:
1. That street lighting facilities along Lincoln Avenue shall be
installed as required by the Director of Public Utilities, and in accordance
with standard plans and specifications on file in the office of the Director of
Public Utilities; and that a bond in an amount and form satisfactory to the City
of Anaheim shall be posted with the City to guarantee the installation of the
above mentioned requirements.
2. That the owner(s) of subject property shall pay to the City of
Anaheim the sum of 60 cents per front foot along Lincoln Avenue for tree plant-
ing purposes.
3. That a six-foot masonry wall shall be constructed along the north
and east property lines where subject property abuts a single familyresitential
parcel.
4. That all air conditioning facilities shall be property shielded
from view, and the sound buffered from adjacent properties.
5. That drainage of subject property shall be disposed of ina manner
that is satisfactory to the City Engineer.
6. Prior to the introduction of an ordinance rezontng subject pro-
perty, Condition Nos. 1, 2, 3, 4 and 5, 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 c0mDliad with with{m
one year from the date hereof, or such further time as the City Council may
grant.
ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: On motion bv Councilman Pebley,
seconded by Councilman Sne~gas, it was the finding of the ~ity Council that the
· mpact of said reclassification would be trivial in nature and that no environ-
mental impact report or statement is required. MOTION CARRIED.
Mr. Roberts described the location of the property and advised that
there is a motel existing on subject property and the requested C-1 zoning
73-812
C. it.y Hall, Anaheim, California - COUNCIL I~NUTES - October 9, 1973. 1;30 P.M
would be the most appropriate zone for the proposed use, that there is adequate
on-site parking for both the motel and travel agency operations.
Mr. Roberts reported that the Planning Commission reviewed the pro-
posal and found the request to be in conformance with the General Plan, and
consequently recommended approval of the C-1 zoning. In conjunction with this
the City Planning Commission also recommended that a finding be included in
Conditional Use Permit No. 134 which originally permitted the motel operation,
indicating that the travel agency would be considered a compatible use to the
motel, and therefore should be allowed under said conditional use permit.
The Mayor asked if the Applicant or his Agent were present and wished
to address the Council.
Mr. Mohanlal S. Patel, 2245 West Lincoln Avenue, stated he was sat-
isfied with the recommendations of the City Planning Commission relative to the
reclassification and travel agency uses, however he would like to additionally
use the office space for purposes of insurance sales or other commercial act-
ivities not relative to the travel agency.
Mr. Roberts advised that the City Planning Commission, in considering
the possibility of other con~ne~cial uses, felt that although a travel agency
would be compatible, any other requested commercial use should be considered
at a public hearing.
The Mayor asked if anyone in opposition wished to address the Council;
there being no response, declared the hearing closed.
RESOLUTION NO. 73R-460: Councilman Pebley offered Resolution No. 73R-460 for
adoption, authorizing the preparation of the necessary ordinance, changing the
zone as requested subject to the conditions recommended by the City Planning
Commission.
Refer to Resolution Book.
A RESOLUTION OF THE CItY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER-
MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD
BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED.
(73-74-16 - C-I)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-460 duly passed and adopted.
RESOLUTION NO. 73R-461: Councilman Pebley offered Resolution No. 73R-461 for
adoption~ amending Resolution No. 7128 to include a finding that the travel
agency is considered a reasonable and compatible use with the motel allowed
under Conditional Use Permit No. 134~ as recommended by the City Planning Com-
mission.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION
N0o 7128 GRANTING CONDITIONAL USE PERMIT NO. 134.
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and I)utton
None
None
The Mayor declared Resolution No. 73R-461 duly passed and adopted.
73-809
.City Hall~ Anaheim~ California - COUNCIL MINUTES - October 9~ 1973~ 1:30 P.M.
RESOLUTION NO. 73R-458: Councilman Dutton offered Resolution No. 73R-458 for
adoption, authorizing the preparation of the necessary ordinance, changing the
zone as requested, with amendment to the legal description to include the ad-
jacent well site, subject to the following conditions recommended by the Inter-
departmental Committee:
1. That the completion of these reclassification proceedings is con-
tingent upon the granting of Conditional Use Permit No. 1415 and Tentative Map
of Tract No. 8409.
2. 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.
3. That the owner(s) of subject property shall dedicate and improve
a public street along the northerly portion of subject property as required and
approved by the City Engineer.
4. That the owner(s) of subject property shall conditionally dedicate
to the City of Anaheim sufficient right-of-way for the extension of La Paz Ave-
nue easterly from Anaheim Hills Road as required and approved by the City Engi-
neer, Said conditional dedication shall be conditioned upon the need and de-
mand of the City of Anaheim.
5. That all engineering requirements of the City of Anaheim along
all affected streets, including the proposed new streets to the north and south
of subject property, including preparation of improvement plans and installation
of all improvements, such curbs and gutters, sidewalks~ street grading and
paving, drainage facilities, or other appurtenant work shall be complied with
as required by the City Engineer and in accordance with standard plans and
specifications on file in the office of the City Engineer; and that a bond in
an amount and form satisfactory to the City of Anaheim shall be posted with the
City to guarantee the installation of the above mentioned requirements.
6. That final specific development plans shall be submitted to and
approved by the City Council.
7. That the owner(s) of subject property shall pay to the City of
Anaheim the appropriate Park and Recreation in-lieu fees as determined to be
appropriate by the City Council, said fees to be paid at the time the building
permit is issued.
8. That 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.
9. That all air conditioning facilities shall be properly shielded
from view, and the sound buffered from adjacent properties.
10. That subject property shall be served by underground utilities.
11. That a six-foot masonry wall shall be constructed along the east
property line.
12. Prior to the introduction of an ordinance rezoning subject pro-
perty, Condition Nos. 1, 2, 3, 4, 5, and 6, 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.
13. That Condition Nos. 9, 10, and 11, above mentioned, shall be com-
plied with prior to final building and zoning inspections.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER-
MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD
BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED.
(73-74-11 - R-2)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson~ Sneegas~ Pebley and Dutton
Thom
None
The Mayor declared Resolution No. 73R-458 duly passed and adopted.
RESOLUTION NO. 73R-459: Councilman Dutton offered Resolution No. 73R-459 for
adoption~ granting Conditional Use Permit No. 1415~ subject to the following
conditions reconm~ended by the Interdepartmental Committee:
73-810
City Hall~ Anaheim~ California - COUNC~IL MINUTES - October 9~ 1973! 1:30 P.M.
1. That this conditional use permit is granted subject to the com-
pletion of Reclassification No. 73-74-11 and Tentative Map of Tract No. 8409.
2. That all proposed emergency accessways shall be developed to
standards sufficient to accommodate emergency vehicles and shall be subject to
approval by the Fire Chief.
3. That subject property shall be developed substantially in accor-
dance with plans and specifications on file with the City of Anaheim marked
Exhibit Nos. 1, 2, 3, 4, 5, 6, 7, and 8.
4. That Condition No. 1, above mentioned, shall be complied with prior
to the cormnencement of the activity authorized under this resolution, or prior
to the time that the building permit is issued, or within a period of one year,
whichever occurs first, or such further time as the City Council may grant.
5. That Condition Nos. 2 and 3, above mentioned, shall be complied
with prior to final building and zoning inspections.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL
USE PERMIT NO. 1415.
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley~and Dutton
ThOm
None
The Mayor declared Resolution No. 73R-459 duly passed and adopted.
TENTATIVE MAP~ TRACT NO. 8409 (RgCLASSIFICATION NO. 73-74-11~ CONDITIONAL USE
PERMIT NOo 1415).' Developer, SoUthwest Properties, Inc.; property located on
the east side of Anaheim Hills Road, south of Santa Ana Canyon Road; containing
119 proposed R-2 zoned lots.
The City Planning Commission at their meeting held September 5, 1973,
denied approval of said tentative map.
On motion by Councilman Dutton, seconded by Councilman Pebley, Tentative
Map, Tract No. 8409 was approved subject to the following conditions recommended
by the Interdepartmental Committee:
1. That the approval of Tentative Map of Tract No. 8409 is granted
subject to the approval of Reclassification No. 73-74-11 and Conditional Use Pe~-
mit No. 1415.
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 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 any proposed covenants, conditions, and restrictions shall be
submitted to and approved by the City Attorney's Office prior to City Council
approval of the final tract map~and, further, that the approved covenants, con-
ditions, and restriction shall be recorded concurrently with the final tract map.
6. That prior to filing the final tract map, the applicant shall sub-
mit to the City Attorney for approval or denial a complete synopsis of the pro-
posed functioning of the operating corporation including, but not limited to, the
articles of incorporation bylaws, proposed methods of management, bonding to in-
sure maintenance of common property and buildings, and such other information as
the City Attorney may desire to protect the City, its citizens, and the purchasers
of the project.
7. That street names shall be approved by the City of Anaheim prior to
approval of a final tract map.
8. That the owner(s) of subject property shall pay to the City of
Anaheim the appropriate Park and Recreation in-lieu fees as determined to be ap-
propriate by the City Council, said fees to be paid at the time the building per-
mit is issued.
73-813
Qitv Hall, Anaheim, California - COUNCIL MINUTES - October 9, 1973, 1:30 p,M,
PUBLIC HEARING -RECLASSIFICATION NO. 73-74-18~ VARIANCE NO. 2549 AND ENVIRONMENTAL
IMPACT REPORT EXEMPTION STATUS: A~plication by Sportsman Syndicate requesting a
change in zone from R-A to R-3 and the following Code waiver, to establish a 72-
unit, two-story apartment complex on the north side of Lincoln Avenue, east of
Magnolia Avenue was submitted together with application for Exemption Declaration
Status:
a. Maximum permitted building height.
The City Planning Com~nission pursuant to Resolution No. PC73-204,
recommended that no EoI.R. be required and that Reclassification No. 73-74-18
be approved subject to the following conditions:
1. That the owner(s) of subject property shall pay to the City of
Anaheim the sum of $2.00 per front foot along Lincoln Avenue for street lighting
purposes.
2. That the owner(s) of subject property shall pay to the City of
Anaheim the sum of 60 cents per front foot along Lincoln Avenue for tree planting
purposes.
3. That trash storage areas shall be provided in accordance with
approved plans on file with the office of the Director of Public Works.
4. That fire hydrants shall be installed and charged as required and
determined to be necessary by the Chief of the Fire Department prior to commence-
ment of structural framing.
5. That a six-foot masonry wall shall be constructed along the west
property line adjacent to R-A zoned property lines.
6. That a 20-foot high chainlink fence shall be constructed along the
north property line.
7. That all air conditioning facilities shall be properly shielded
from view, and the sound buffered from adjacent properties.
8. That subject property shall be served by underground utilities.
9. 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.
10. That drainage of subject property shall be disposed of in a manner
that is satisfactory to the City Engineer.
11. Prior to the introduction of an ordinance rezoning subject property,
Condition Nos. 1 and 2, 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 date
hereof or such further time as the City Council may granted.
12. That Condition Nos. 3, 5, 6, 7, 8, and 10, above mentioned, shall
be complied with prior to final building and zoning inspections.
The City Planning Commission pursuant to Resolution No. PC73-205
recommended that no EoI.R. be required and granted Variance No. 2549, subject to
the following conditions:
1. That this variance is granted subject to the completion of Reclass-
ification No. 73-74-18, now pending.
2. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit Nos.
1, 2, 3, 4, 5, 6, 7, and 8.
ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: On motion by Councilman Stephenson,
seconded by Councilman Sneegas, it was the finding of the City Council that the
impact of said project would be trivial in nature and that no environmental im-
pact report or statement is required. MOTION CARRIED.
Mr. Roberts briefed the location of the property and advised that this
is one of two remaining vacant parcels in the area. He cormmented that a number
of apartment projects have been approved on the north side of Lincoln Avenue in
this vicinity in the last few years and that there is an apartment project which
is identical to this proposal in~nediately to the east.
Mr. Roberts further reported that the one waiver requested, maximum per-
mitted height, is a technical requirement since the property immediately to the
73- 814
City Hall, Anaheim~ California - COUNCIL MINUTES - October 9, 1973, 1:70 P,M
west of subject parcel is still zoned R-A. However it is expected that this
property will ultimately be developed for multiple family or cormmercial uses.
The density of the proposed project is in excess of 31 units to the area, with
coverage of 37½%.
Mr. Roberts advised that the Planning Commission recommended approval
of both the reclassification and variance and advised that if Council approves
these, Development Services staff would recommend that several zoning cases for
various recreational uses on subject parcel which would no longer be applicable
be terminated.
The Mayor asked if the Applicant or his Agent were present and satis-
fied with the recommendations of the City Planning Commission.
Mr. Phillip Case, 9774 West Katella Avenue, replied that he was sat-
isfied with the conditions except for the requirement that a 20-foot high chain
link fence be erected on the north property line. He remarked that his company
owns the adjacent buildings and have not been required to build such a fence in
conjunction with these. In addition, there is another apartment building to
the west which is not protected by such a fence.
Mr. Case advised that he has ascertained the cost of a 20-foot high
chain link fence to be $20.00 per linear foot, and he asked what the specific
reasoning is for this requirement.
Mr. Roberts answered that apparently a number of complaints have been
received from the tenants of apartment buildings in the area regarding baseballs
coming over the fence, and consequently Mr. John Collier, Parks and Recreation
Director, recommended the placement of this fence on the property line as the
means to prevent damage to windows, automobiles or personal injury as a result
of the baseballs. Mr. Roberts noted that one of the athletic fields of Savanna
High School is located immediately adjacent and north of this parcel. Further
he advised that the requirement is not without precedent, a developer of a com-
mercial office building on the west side of Brookhurst Street, next to the
Anaheim Municipal Golf Course was required to erect a 20-foot chain link fence
to protect his property from the golf balls.
Councilman Pebley remarked that if this particular builder is required
to put up the fence, then the remainder of the property owners adjacent to the
athletic fields should also be required to do the same.
Mr. Roberts stated that Mr. Collier's reasoning was that if the devel-
oper does not put the fence up, the City will eventually have to do so.
Mr. Case remarked that he was aware of the situation regarding the ad-
jacent athletic field and related his experience with the existing apartment
building. On learning that the balls coming over the fence were primarily foul
balls from the batting case, they donated funds to the little league organiza-
tion to place an extension on the batting backstop, which did alleviate the prob-
lem. He contended that because of the locations of the batting areas they
should not encounter as much of a problem with the proposed apartment building.
Following further discussion and suggestions by the Council relative
to the fencing requirement on the north property line, it was determined most
reasonable to require a six-foot chain limk fence rather than a block wall and
to permit the Applicant to post a bond for the additional 14-foot high fence
should it become necessary.
Mr. Case stipulated to the six-foot chain link fence and the bond.
The Mayor asked if anyone wished to address the Council in opposition
to Reclassification No. 73-74-18 or Variance No. 2549.
Mr. Jack Sarnicky, Principal, Thomas A. Edison School, remarked that
he had come to the Council meeting relative to another matter on the agenda, but
that he wished to speak to the problem under discussion since he has encountered
a similar situation at his school. He advised that it is not a minor problem
and many dollars worth of damages and personal injury have been sustained due
73-815
.~ity Hall, Anaheim, California - COUNCIL MINUTES - October 9, 1973, 1:30 P,M.
to baseballs going over the fence. He stated that the Thomas A. Edison School
was built prior to the adjacent apartment development and no consideration was
given to the construction of a fence to protect the property, but perhaps, in
his opinion it should have been required.
The Mayor asked if anyone else wished to address the Council,
being no response, declared the hearing closed.
Councilman Pebley offered resolutions for adoption approving the
reclassification and granting the variance with the requirement that a six-foot
chain link fence be installed on the north property line, and the Applicant post
a bond for the additional 14 feet, if the additional height becomes necessary.
Acting City Attorney Alan Watts advised that the resolution should
state who will make the determination as to the necessity of the additional 14
foot chain link fence.
Councilman Pebley explained that he felt the City should proceed care-
fully with a possible requirement that this Applicant install a 20-foot chain
link fence when such requirement was not imposed on adjacent property owners.
Councilman Sneegas was of the opinion that things are in reverse when
the party creating the hazard is not responsible for the damages sustained. He
stated that he felt the school district should assume the responsibility for pro-
tecting the adjacent properties from the hazards which it is creating, or that
subject property should have been purchased by the school district to preclude
development.
Councilman Stephenson remarked that he felt it is the Council's
responsibility to protect the interests of the school district when the
opportunity presents itself.
RESOLUTION NO. 73R-462: Councilman Pebley offered Resolution No. 73R-462 for
adoption, authorizing preparation of the necessary ordinance, changing the zone
as requested, subject to the conditions recommended by the City Planning Commis-
sion, with amendment to Condition No. 6 as follows:
6. That a six-foot high chain link fence shall be constructed along
the north property line.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER-
MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD
BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED.
(73-74-18 - R-3)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Sneegas, Pebley, Thom and Dutton
Stephenson
None
The Mayor declared Resolution No. 73R-462 duly passed and adopted.
RESOLUTION NOo 73R-463: Councilman Pebley offered Resolution No. 73R-463 for
adoption~ granting Variance No, 2549, subject to the conditions recormnended by
the City Planning Commission.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE
NOo 2549.
Roll Call Vote:
73-816
City Hall, Anaheim, California- COUNCIL MINUTES- October 9, 1973, 1:30 P,M,
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-463 duly passed and adopted.
On motion by Councilman Sneegas, seconded by Councilman Stephenson,
the City Council authorized a request to be forwarded to the City Planning
Commission to terminate all proceedings under Conditional Use Permit Nos. 160
and 791, and Variance No. 710 pertaining to the parcel in Reclassification
No. 73-74-18. MOTION CARRIED.
AMUSEMENT DEVICES PERMIT: Application filed by Mrs. Barbara L. Geraghty for amuse-
ment devices permit to allow two pool tables at the Rio Vista Inn, 200 North
Rio Vista, was submitted and granted subject to provisions of Chapter 3.24 of
the Anaheim Municipal Code as recommended by the Chief of Police, on motion by
Councilman Stephenson, seconded by Councilman Sneegas. MOTION CARRIED.
ANAHEIM ART ASSOCIATION - WAIVER OF BpSINESS LICENSE FEE - 10TH ANNUAL FALL ART
FESTIVAL: Request submitted by Mrs. ~dele T. Innis, President of the Anaheim Art
Association for waiver of the business license fee in conjunction with the
10th Annual Fall Art Festival be be held at Pearson Park October 20 amd 21,
1973, was submitted together with recommendation of the Director of Parks and
Recreation that said event be approved as a City co-sponsored function and from
the City Attorney stating no objection to the waiver of the business licemse
fee.
Acting City Attorney Alan Watts reported that since this type of
request has been submitted to the Council with increasing frequency and since,
as the ordinance presently reads it is illegal to permit sales in the park un-
less the City is co-sponsoring the event, the City Attorney's Office has under-
taken the drafting of a revisions of said ordinance for Council's consideration.
He noted that there are two approaches to the problem, one being to amend the
ordinance to permit sales in the parks subject to Council approval; the other
alternative would be to delineate some standards by which sales in the parks
would be approved and then delegate the approval procedure to the administrative
staff.
Assistant City Manager Davis pointed out that the Anaheim Art Associa-
tion is really making two requests: 1.) They are requesting the right to sell
in the park and consequently that the City co-sponsor the event; 2.) They are
requesting waiver of thC business license fee for the individuals who will ex-
hibit art work at the festival.
On motion by Councilman Pebley, seconded by Councilman Stephenson,
the City Council authorized co-sponsorship of the 10th Annual Fall Art Festival,
granted permission for the AnaheimArt Association to sell works of art in
Pearson Park in conjunction with this event, with waiver of the business license
fee, provided that consuna~ation of the sale or delivery is not made while the
art work is displayed in the park. MOTION CARRIED.
REQUEST - INSTALLATION OF SIDEWALKS, ROMlqEYA DRIVE: Mrs. G. B. Hueler, 1015 Liberty
Lane submitted correspondence initiated by herself, Mrs. Kitsman, Mr. Jack
Sarnicky, Principal of Thomas A. Edison School and Mr. Robert M. Hoehn, member
of the School-C~m,unity Advisory Council, relative to the difficulties experi-
enced in their neighborhood due to the lack of sidewalks particularly on that
portion of Romneya Drive between Acacia Street and Liberty Lane, which is used
by approximately 185 children while traveling to and from the Thomas A. Edison
School. Mrs. Hueler advised that due to the lack of sidewalks, there is stand-
ing water and mud for up to one week following rain so that the walkway is oblit-
erated and the children are forced to go out into the traffic lane or walk
through the mud and water.
Mr. Hueler described the many efforts which were undertaken by the
School and the P.T.A. to urge the property owners along Romneya Drive to install
the necessary improvements which have been unsuccessful to date. She presented
maps and copies of the pertinent correspondence to the Council°
73-817
.City Hall, Anaheim, California - COUNCIL MINUTES - October 9, 1973, 1:30 P.M.
Also submitted was the report from the City Engineer rec~l~ending that
sidewalks or blacktop be installed at the expense of the property owners°
Mrs. Hueler pointed out that this problem has existed for 19 years,
however in the last few years the irmuediate area has been altered significantly
by the extension of La Palma Avenue and the fact that Romneya Drive provides
access to the Riverside Freeway, as well as the use of Placentia Avenue and
Acacia Street by people traveling to the industrial areas and to Cal State
Fullerton. These changes have injected a large amount of non-local traffic into
the neighborhood. She further noted that the large apartment complex located at
Romneya Drive and State College Boulevard has added considerably totheamountof
traffic on Romneya Drive. Since the situation has changed, the neighborhood
residents feel that the solution is no longer to warn the children robe careful.
She noted that the property owners involved either cannot or will not install the
improvements and the area residenta feel this has become a City problem and there-
fore are requesting some action be taken by the City.
Councilman Dutton inquired whether there is any legal method for the
City to put in improvements on private property which is already developed.
Acting City Attorney Watts reported that it may be possible for the
City to proceed with the installation of the sidewalks under the 1911 Improvement
Act, under which the work could be performed and the costs billed back to the
property owner. He noted however that Council should recognize the ramifications
of using the 1911 Act against a residential property where the owner might be
financially unable to pay for said sidewalks. He offered to report further on
this possibility.
Councilman Dutton concurred that there is a much different situation
on Romneya Drive currently and noted that it is proposed to designate Romneya
Drive a collector street under General Plan Amendmen~ No. 129, which is to be
considered by the Council in the near future.
Mrs. Hueler remarked that there seems to be some discrepancy in the
City's sidewalk policy, noting the various widths which have been put in and that
some have parkways and others do not. In some instances there are lawns and hedges
out to the curb so that the children are unable to cross the property at all,
while other property owners are more considerate and leave a dirt space.
Mrs. Hueler contended that there is a precedent for the City to put in
blacktop walkways in that this was done near the Sunkist School (320 North Sunkist),
in a developed area.
City Engineer Maddox corroborated Mrs. Hueler's statement advising that
the City did install blacktop at that location approximately ten years ago. This
was done as an interim measure since the structure at that location is 35 to 40
years old and it was assumed that the property would shortly be converted to some
other use. Since street improvements were being done at the time it was considered
the most efficient method of handling the situation.
Councilman Pebley remarked that he did not approve of the enforcement
of the 1911 Act against a residential property owner, and also that installation
of paving for the purposes of children's safety was previously performed at other
locations so that no precedent would be set if the City were to install these.
Councilman Sneegas noted that this situation is somewhat different in
that all of these property owners living in Tract Nos. 1603 and 1515 would not be
placed under burden of putting in sidewalk improvements although their children
would certainly benefit from the installation of a walkway on Romneya Drive.
Councilman Thom was of the opinion that the City has reason enough to
justify putting in improvements on the basis of the general safetyandwelfare of
the people.
Considerable discussion ensued as to the right-o~way requirements and
the costs to install walkways on Romneya Drive between Acacia Street and Liberty
Lane. Mr. Maddox advised that the right-of-way presently held by the City varies
from 20 to 30 feet, and the cost for asphalt, concrete and excavation would be 45
to 50 cents per square foot.
73- 818
CSty Hall, Anaheim, California - COUNCIL MINUTES - October 9, 1973, 1;90 P.M,
At the conclusion of discussion, Councilman Dutton requested that the
City Engineer obtain the necessary information as to the right-of-way required
to install the walkways on Romneya Drive between Acacia Street and Liberty Lane
and the costs thereof.
Councilman Stephenson requested that the legal authority on which
the City might proceed also be explored.
By general Council co~sent, further consideration of the situation
was continued to October 30, 197'3 for receipt of the necessary information from
the City Engineer.
TENTATIVE TRACT NO. 7137 - EXTENSION OF TIME: Request of Jeffrey H. Millet, Millet-
King and Associates, dated September 11, 1973 was submitted for an extension of
time to Tract No. 7137, together with report of the Development Services Depart-
ment recormnending a one-year extension be granted.
On motion by Councilmam Sneegas, seconded by Councilman Dutton, a one-
year extension of time for Tentaitive Tract No. 7137 was granted as requested,
to expire December 7, 1974. MOTION CARRIED.
REVIEW OF VARIANCE NOS. 2490~ 2491 AND 2496: Mr. Roberts reported that a survey of
the reports submitted in conjunc!tion with review of Variance Nos. 2490, 2491 and
2496, some information was found to be lacking and thereupon requested that said
review be continued for three weeks to permit the preparation of the necessary
additional information. He advised that the Applicant, Atlantic Richfield Com-
pany, has been apprised of the situation and does not object to the continuance.
On motion by Councilman Pebley, seconded by Councilman Sneegas, the
review of Variance Nos. 2490, 2491 and 2496 was continued to October 30, 1973
as requested by Development Services Department. MOTION CARRIED.
REPORT - PUBLIC UTILITIES HEARING - RAILROAD GRADE SEPARATIONS (COMMISSION CASE 9607~
AUGUST 21~ 1973): Report prepared by the City Engineer relative to the Public Utili-
ties Commission hearing on Railroad Grade Separations, to be held in Los Angeles
on October 18, 1973, was submitted and ordered received and filed, on motion by
Councilman Dutton, seconded by Councilman Pebley. MOTION CARRIED.
RECESS: Councilman Thom moved for a ten-minute recess. Councilman Pebley seconded
the motion. MOTION CARRIED. (3:50 P.M.)
AFTER RECESS: Mayor Dutton called the meeting to order, all Councilman being present
with the exception of Councilman Pebley. (4:00 P.M.)
CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission at
their meeting held September 17, 1973, pertaining to the following applications
were submitted for City Council information and consideration:
ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: As recommended by the City Planning
Commission, on motion by Councilman Stephenson, seconded by Councilman Sneegas,
it was the finding of the City Council that the impact of the project in the
following zoning applications would be trivial in nature and that no environmental
impact reports or statements be required.
Variance No. 2548
Conditional Use Permit No. 1424
Conditional Use Permit No. 1425
MOTION CARRIED.
1. VARIANCE NO. 2548: Submitted by Jefferson Investments Affiliates to con-
struct two free-standing (monument type) signs on R-A, C-O and C-1 zoned property
located at the northwest corner of Lakeview Avenue and Riverdale Avenue with
waivers of:
a. Types of signs.
b. Maximum area of sign.
c. Types of sign.
d. Minimum height of free-standing sign.
73-819
City Hall, Anaheim, California- COUNCIL MII~ES- October 9. 1973. 1;30
The City Planning Commission pursuant to Resolution No. PC73-210,
granted said variance subject to one condition.
2. CONDITIONAL USE PERMIT NO. 1424: Submitted by Ledger T. and Gladys K. Smith,
to establish a new and use automobile sales dealership onM-1 zoned property loca-
ted on the northwest side of Katella Avenue and on the southwest side of Howell
Street with waiver of:
a. Minimum setback from major and secondary highways. (Withdrawn)
b. Minimum landscaped setback.
c. Required enclosure of outdoor use with solid masonry block wall
fence.
d. Minimum number of parking spaces. (Withdrawn)
e. Maximum number of free-standing signs and permitted distances be-
tween signs.
f. Location of free-standing signs.
g. Maximum permitted sign area.
The City Planning Commission pursuant to Resolution No. PC73-208,
granted said conditional use permit in part, granting waiver "b" in part, and
granting waivers "c", "e", "f" and "g", waivers "a"and "d"having beenwithdrawn
by the Applicant, subject to conditions.
3. CONDITIONAL USE PERMIT NO. 1425: Submitted by Bert Bledsoe, to establish a
contractor's storage yard on R-A zoned property located on the north side of
La Cresta Avenue, east of Blue Gum Street, with waivers of:
a. Landscaped front setback.
b. Standard refuse storage area.
The City Planning Commission pursuant to Resolution No. PC73-209,
granted said conditional use permit in part being the use only, subject to
conditions, and denied waivers "a" and "b".
4. CONDITIONAL USE PERMIT NO. 1392 - AMENDMENT TO CONDITION NO. 5: Submitted
by Maynard B. Bill, Maynard's Automotive, requestingmodification of Condition No.
5 of Resolution No. PC73-85, specifying that the Petitioner must obtainaper-
petual easement agreement with the owner of the service station property to the
south to provide circulation for trash trucks. Said conditional use permit was
granted to permit the expansion of an existing nonconforming automobile mainte-
nance repair facility on M-1 zoned property located on the west side of Haster
Street, north of Katella Avenue.
The City Planning Commission by motion deleted Condition No. 5 of
Resolution No. PC73-85.
5. CONDITIONAL USE PERMIT NO. 979: Submitted byJ. A. Mansfield requesting ter-
mination of said conditional use permit which allowed the establishment of a land
scaping service and plant nursery in an existing shopping center with outdoor dis-
play of plant materials on C-1 zoned property located at the southwest corner of
Sequoia Avenue and Brookhurst Street.
The City Planning Commission pursuant to Resolution No. PC73-217, ter-
minated Conditional Use Permit No. 979.
The foregoing actions were reviewed by the City Council and no further
action taken.
Councilman Pebley returned to Council Chambers. (4:05 P.M.)
ORANGE COUNTY FLOOD CONTROL DISTRICT PROPOSED STORM DRAIN: City Planning Commission
Resolution No. PC73-218 finding and determining that the proposed construction of
an underground reinforced concrete pipeline along EsperanzaRoadfromImperial
Highway to Fairmont Boulevard is in conformancewith the Anaheim General Plan and
will have no effect on the environment, adopted in response to the request for a
determination from the County of Orange, was submitted for City Council review.
On motion by Councilman Thom, seconded by Councilman Sneegas, the City
Council sustained the action taken by the City Planning Commissionpursuant to
their Resolution No. PC73-218. MOTION CARRIED.
Hail. Anaheim. California- COUNCIL MINUTES- October 9. 1973. 1:30 P.M.
:NVIRON~4ENTAL IMPACT STATEMENT - EXTENS.~ON OF NOHL RANCH ROAD FROM IMPERIAL HIGHWAY
'O ANAM~IM MILLS ROAD (A.H.F.P. NO. 7092 Environmental impact report prepared by
the ~m~ineering Division staff for ithe construction of a section of Nohl Ranch
Road extending from Imperial Highway to Anaheim Hills Road, a distance of
approximately 0.8 miles, was submitted together with E.I.R. Review Committee
Analysis thereof.
The City Planning Commission at their meeting held September 17,
1973, found and determined that the report is adequate as an informative docu-
ment and follows the City's established guidelines and that there would be no
significant adverse environmental impact and recommended adoption by the City
Council.
On motion by Councilman Stephenson, seconded by Councilman Sneegas,
the City Council accepted the envizonmental impact report and Committee Analysis
thereof, together with the City Planning Commission recommendation, and moved
that it be the finding of the City Council that there will be no significant
adverse environmental impact as a result of the project and further that the
environmental impact report as submitted for Nohl Ranch Road from Imperial High-
way to Anaheim Hills Road, be adopted as the Environmental Impact Statement of
the Council and filed with the City Planning Division. MOTION CARRIED.
?ROPOSED GENERAL PLAN AMENDMENT NO. 129 - CIRCULATION ELEMENT: On motion by
Councilman Stephenson, seconded by !Councilman Sneegas, public hearing was sch-
eduled for October 30, 1973, 1:30 P.M. to consider amendment to the Circulation
Element Highway Rights-Of-Way of the General Plan as follows:
Romneya Drive, North Street, Sycamore Street, Santa Ana Street,
Olive Street and West Street from Local to Collector Streets.
Cerritos Avenue, west of Knott Street and Orangewood Avenue, be-
tween the Santa Aha Rivet and State College Boulevard - from
Secondary to Primary Highways.
Blue Gum Street, Miraloma Avenue to Orangethorpe Avenue - from a
Primary to a Secondary Highway.
MOTION CARRIED.
AWARD OF WORK ORDER NO. 1003 - REROOFIN~ ANAHEIM CONVENTION CENTER: The City Clerk
submitted bid Of Federal Roof Company, alternate 1, at $68,614.00 for the re-
roofimg of the Anaheim Convention Center as recommended by the City Engineer.
Councilman Stephenson inquired what guarantee the City will be given
for the workmanship and materials on this job.
Mr. Maddox stated that there is a provision for a written two-year
guarantee on both materials and workmanship.
Mr. Watts advised that the City could purchase a bond to guarantee the
roof past the two year period, however the Engineering Division is of the opinion
that the value of such a bond is questionable in that there are so many reasons
that might preclude collection.
Mr. Davis reported that prior to starting this job the City Council
will be requested to authorize employment of an inspector whose responsibility
will be to oversee the installation of this roof.
Mr. Watts added that when the original roof was constructed,the archi-
tect had ~ project architect who spent three to four days out of five physically
present on the construction site for purposes of inspection, and in addition,
one building inspector was also permanently assigned to see that the construction
was in compliance with Code requirements.
Councilman Pebley related from his own experience that the usable
lifetime of a roof should be 15 to 18 years and that one of the important fac-
tors of a roof is the materials which go into it, especially the amount of tar
placed between the felt layers. He stated that he would like to review the de-
tailed specifications prior to voting on this award of contract.
73-821
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 9~ 1973~ 1:30 P.M.
Mr. Davis was of the opinion that some of the difficulties with the
roof of the Convention Center are due to the fact that it covers sucha, large
expanse and that there is considerable foot traffic on it for which it was
not designed. The roof of the Convention Center addition he reported will be
of a different type.
City Engineer Maddox read the detailed specifications under which
bids were taken for Work Order No. 1003, and in particular Section 17.2 which
gives amounts of materials to be used per hundred square foot, types of materials
to be used, and also specifies the method of application. He added that the
specifications call for cutouts to be taken periodically to investigate whether
the material is in place as it should be.
Councilman Pebley stated that the specifications read by Mr. Maddox
are for a 15 to 20 year roof but concurred that it is important to have an in-
spector representing the City on the job during installation.
RESOLUTION NO. 73R-464: In accordance with the recommendations of the City
Engineer, Councilman Sneegas offered Resolution No. 73R-464 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED
PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE
FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL
UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PER-
FORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC
IMPROVEMENT: REROOFING OF THE ANAHEIM CONVENTION CENTER, IN THE CITY OF
ANAHEIM, WORK ORDER NO. 1003. (Federal Roof Company, Alternate 1 -
$68,616)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-464 duly passed and adopted.
RESOLUTION NO. 73R-465 - DEEDS OF EASEMENT: Councilman Stephenson offered Resolution
No. 73R-465 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN
DEEDS AND ORDERING THEIR RECORDATION. (ABJ Developments; Anaheim Condos;
Anaheim Hills, Inc. et al; The William Lyon Company; Norm's Restaurants)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-465 duly passed and adopted.
EMINENT DOMAIN PROCEEDINGS - DRAINAGE PURPOSES~ SOUTH OF SANTA ANA CANYON ROADI EAST
OF IMPERIAL HIGHWAY: Assistant City Attorney John Dawson reported on the necessity
for institution of eminent domain proceedings to obtain possession of property
necessary for construction of drainage facilities. He advised that there were
five separate parcels involved and after making a conscientious effort to ob-
tain the rights for the drainage course, Anaheim Hills has secured four of the
required five properties. Therefore, in accordance with the City's Drainage
Policy under which the City's assistance in the form of use of the power of
eminent domain to acquire properties necessary for construction of drainage
facilities is promised, it is recommended that this be instituted to obtain the
remaining parcel needed by Anaheim Hills.
73-822
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 9, 1973~ 1:30 P.M.
Councilman Thom asked how much this action will cost the City.
Mr. Dawson advised that the City will not absorb the cost of the land,
the only cost would be that of the time spent by the City Attorney's Office in
litigation.
Councilman Thom asked if the resolution is worded to the effect that
the City will not absorb the costs associated with this proceeding.
Mr. Dawson replied that the purpose of this resolution is only to es-
tablish the necessity and authorization for the proceeding, but that an agreement
between the City and the developer regarding the costs will be submitted for
Council approval at a later date.
RESOLUTION NO. 73R-466: Councilman Dutton offered Resolution No. 73R-466 for
adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE
NECESSITY FOR, AND DIRECTING THE ACQUISITION, BY EMINENT DOMAIN~ OF REAL
PROPERTY FOR DRAINAGE PURPOSES. (SOUTH OF SANTA ANA CANYON ROAD, EAST
OF IMPERIAL)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-466 duly passed and adopted.
RESOLUTION NO. 73R-467 - ACCEPTING DE~D OF EASEMENT (HOMEWOOD): Councilman Stephenson
offered Resolution No. 73R-467 fOr adoption, accepting deed of easement and auth-
orizing payment for same in the amount required to relocate the service station
facility.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AND
DIRECTING THE ACCEPTANCE OF AN EASEMENT DEED AND PROVIDING FOR PAYMENT
THEREFOR (BROOKHURST AND ORANGE). (Southeast corner of Brookhurst and
Orange, $14,122)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-467 duly passed and adopted.
PURCHASE OF EQUIPMENT - 230 KV AND 69 KV SWITCHES - COLE ELECTRIC: The Assistant City
Manager reported that the award {or purchase of 230 KV and 69 KV switches made on
August 21, 1973 to Cole Electric in the amount of $100,995.74, including tax, was
incorrect due to a transposition of the figures during calculation. The amounts
have been recalculated and Cole Electric is still the low bidder for these items
at $142,408.35, including tax. He thereupon recommended that the award of
August 21, 1973 be rescinded and approval for purchase of 230 KV and 69 KV switches
be made from Cole Electric at the corrected figure of $142,408.35, including tax.
On motion by Councilman Dutton, seconded by Councilman Sneegas, approval
of the award made on August 21, 1973 to Cole Electric for 230 KV and 69 KVswitches
was rescinded and re-award authorized to Cole Electric for these same items in
the amount of $142,408.35, including tax ($63,157.50 from the 1973-74 Budget,
$79,250.85 from the 1974-75 Budget). MDTION CARRIED.
73-823
City Hall, Anaheim, California - COUNCIL MINUTES - October 9~ 1973, 1:30 P.M.
PURCHASE OF EQUIPMENT - LOADER TRACTOR WITH SCRAPER: The Assistant City Manager
reported on informal bids received for the purchase of one loader tractor with
scraper (Item No. 1) as follows and recormnended acceptance of the low bid:
VENDOR
TOTAL AMOUNT~ INCLUDING TAX
McCoy Ford Tractor, Garden Grove .......... $9,195.90
Milo Equipment Corporation, Santa Ana ...... 8,643.60
T. & H. Equipment Co., Santa Ana ......... 8,755.95
On motion by Councilman Sneegas, seconded by Councilman Stephenson,
the low bid of Milo Equipment Corporation was accepted and purchase authorized
in the amount of $8,643.60, including tax. MOTION CARRIED.
PURCHASE OF EQUIPMENT - TRACTOR LOADER-BACKHOE: The Assistant City Manager reported
on informal bids received for the purchase of one tractor loader-backhoe (Item
No. 2) as follows and recommended acceptance of the low bid:
VENDOR
TOTAL AMOUNT~ INCLUDING TAX
McCoy Ford Tractor, Garden Grove .......
Milo Equipment Corporation, Santa Ana ......
T. & H. Equipment Co., Santa Ana .........
$18,801.30
19,560.45
21,297.15
On motion by Councilman Sneegas, seconded by Councilman Stephenson,
the low bid of McCoy Ford was accepted and purchase authorized in the amount of
$18,801.30, including tax. MOTION CARRIED.
PURCHASE OF EQUIPMENT - POWER STUMP CUTTER: The Assistant City Manager reported on
informal bids received for the purchase of one Wayne SK-65 Power Stump Cutter
for the Parkway Maintenance Division as follows and recommended acceptance of
the low bid:
VENDOR
TOTAL AMOUNT~ INCLUDING TAX
Dearth Machinery, Baldwin Park ........... $7,225.05
West Point Industries, Long Beach ......... 7,571.50
On motion by Councilman Pebley, seconded by Councilman Stephenson,
the low bid of Dearth Machinery was accepted and purchase authorized in the
amount of $7,225.05,including tax. MOTION CARRIED.
PURCHASE OF EQUIPMENT - FIVE 230 KV OILLESS CIRCUIT BREAKERS: The Assistant City
Manager reported on informal bids received for the purchase of five 230 KV
oilless circuit breakers for Phase II installation at Lewis Substation as
follows and recommended acceptance of the low bid:
VENDOR
TOTAL AMOUNT~ INCLUDING TAX
I-T-E Imperial, Downey .............. $311,587.50
Westinghouse Corporation, Los Angeles ...... 402,391.50
General Electric Co., E1 Monte ....... 355,745.25
On motion by Councilman Stephenson, seconded by Councilman Dutton,
the low bid of I-T-E Imperial was accepted and purchase authorized in the amount
of $311,587.50~ including tax. MOTION CARRIED.
PURCHASE - 307 SERVICE AWARD PINS: The Assistant City Manager reported on the recom-
mended purchase of 307 service award pins and advised that the one supplier,
O. C. Tanner Company has submitted a quotation for said items in the amount of
$3,360.48, including tax. He thereupon recommended the purchase be authorized.
On motion by Councilman Pebley, seconded by Councilman Thom, purchase
was authorized in the amount of $3,360.48, including tax. MOTION CARRIED.
RESOLUTION NO. 73R-468 CONTRACT FOR REPRINTING .AND REORGANIZING ANAHEIM MUNICIPAL
CODE: Councilman Stephenson offered Resolution No. 73R-468 for adoption.
73-824
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 9~ 1973~ 1:30 P.M.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCILOF THE CITY OF ANAHEIM APPROVING THE TERMS
AND CONDITIONS OF AN AGREEMENT WITH BOOK PUBLISHING CO. FOR REORGANIZATION
AND REPRINTING OF 200 COPIES OF A NEW MUNICIPAL CODE, AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY.
(Book Publishing Company, $17,500)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-468 duly passed and adopted.
CLAIMS AGAINST THE CITY: The following claims were denied as recommended by the City
Attorney and ordered referred to the insurance carrier on motion by Councilman
Sneegas, seconded by Councilman Pebley:
a. Claim submitted by Anthony Marquez for personal injuries and inva-
sion of civil rights purportedly as a result of arrest by Anaheim Police Depart-'
ment, on or about June 26, 1973.
b. Claim submitted by Marjorie B. Freeman for personal property dam-
age purportedly as a result of collision with Anaheim Police unit,on or about
July 20, 1973.
c. Claim submitted on behalf of Alex O. Mathisen for personal property
damage sustained in an accident at Santa Ana and Manchester Streets, on or about
August 16, 1973, purportedly as a result of malfunctioning traffic signals.
d. Claim submitted by James F. Shoemaker, Jr., for damages and injuries
sustained purportedly as a result of City of Anaheim truck with protruding boom
fouling an Atchison, Topeka & Santa Fe Railway locomotive, on or about 8- 20-73.
e. Claim submitted by Edward and Vera Kuhr for personal property dam-
ages purportedly sustained as a result of collision with City vehicle on Lincoln
Avenue, west of Anaheim Boulevard, on or about September 14, 1973.
f. Claim submitted by Glenda Phillipson for personal property d~mage
purportedly resulting from collision with City vehicle at Loara and Lincoln, on
or about September 21, 1973.
MOTION CARRIED.
CORRESPONDENCE: The following correspondence was ordered received and filed on motion
by Councilman Thom, seconded by Councilman Sneegas:
a. Orange County Board of Supervisors - Resolution - Requesting the
Legislature to consider increasing appropriations to facilitate a higher degree
of enforcement of motor vehicles noise laws.
b. Anaheim Public Library Board - Minutes - August 27, 1973.
c. Community Center Authority - Minutes September 6, 1973.
d. Financial and Operating Report for the Month of August, 1973 for the
Electrical Division.
MOTION CARRIED.
ORDINANCE NO. 3215: Councilman Stephenson offered Ordinance No. 3215 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 3036, NUNC PRO
TUNC, RELATING TO PARKING DURING SCHOOL HOURS RESTRICTED. (Romneya Drive,
north side; Sycamore Street, north side)
Roll Call Vote:
AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The Mayor declared Ordinance No. 3215 duly passed and adopted.
73-825
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 9~ 1973~ 1:30 P.M.
ORDINANCE NO. 3216: Councilman Stephenson offered Ordinance No. 3216 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 15 OF THE ANAHEIM
MIINICIPAL CODE BY REPEALING CHAPTER 15.08 AND ADOPTING A NEW CHAPTER
15.08 RELATING TO STREET NAMING AND PREMISE NUMBERING. (Naming,
numbering and definitions)
Roll Call Vote:
AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The Mayor declared Ordinance No. 3216 duly passed and adopted.
ORDINANCE NO. 3217: Councilman Pebley offered Ordinance No. 3217 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 3116~ NUNC
PRO TUNC, RELATING TO ZONING.
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
(56-57-76 (4))
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Ordinance No. 3217 duly passed and adopted.
ORDINANCE NO. 3218: Councilman Dutton offered Ordinance No. 3218 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (72-73-28 - R-3)
Roll Call Vote:
AYES: COUNCIIaMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley and Dutton
Thom
None
The Mayor declared Ordinance No. 3218 duly passed and adopted.
ORDINANCE NO. 3219: Councilman Sneegas offered Ordinance No. 3219 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (72-73-44 - C-l)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Ordinance No. 3219 duly passed and adopted.
ORDINANCE NO. 3220: Councilman Sneegas offered Ordinance No. 3220 for first reading.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (71-72-44 (3) - R-i)
73-826
Cit~ Hall! Anaheim~ California - COUNCIL MINUTES - October 9~ 1973~ 1:30 P.M.
RESOLUTION NO. 73R-469 - CONTRACT EXTENSION - UTILITIES WORK MANAGEMENT PROGRAM:
Councilman Pebley offered Resolution No. 73R-469 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE
EXECUTION OF AN AMENDMENT TO AGREEMENT FOR A WORK MANAGEMENT PROGRAM IN
THE UTILITIES DEPARTMENT ENTERED INTO ON THE 5TH DAY OF JUNE~ 1973~
BETWEEN THE CITY AND KAPNER, BOGENRIEF AND WOLFBERG, INC.
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-469 duly passed and adopted.
PROPOSED JOINT POWERS AGREEMENT - CHI~O HILLS AIRPORT: Acting City Attorney Alan
Watts presented a report dated October 8, 1973 which is a follow-up of the memo-
randum on the proposed joint powers agreement for the Chino Hills Airport dated
September 24, 1973. In accordance with the discussion held on this subject
September 25, 1973, Mr. Watts pointed out that Sections 2 and 8 of the proposed
joint powers agreement have been amended to clarify the liability of the partic-
ipating cities (Section 2) and to provide the ability for a participating city
to withdraw at certain defined points during the planning stages (Section 8).
Mr. Watts added that there are two planning phases to this project: 1.) The
conceptual schematic layout for the airport; 2.) The feasibility study phase.
(Stage I must be completed in order to qualify for inclusion in the National
Airport System Plan which is a prerequisite to eligibility for an FAA grant).
Section 8 now provides that a participating city may withdraw from the joint
powers agreement at the conclusion of either of these phases.
Mr. Watts advised that further inquiry was made into the details of the
Chino Hills Airport Complex, Inc., furnishing planning costs, and it was noted that
this offer includes all potential participating cities. TheChino Hills Airport Com-
plex, Inc., envisions the cities entering the joint powers agreement to form a
joint powers agency called the Chino Hills Airport Authority. The Authority would
then enter into an operating agreement with Chino Hills Airport Complex, Inc.
Mr. Watts reported that a copy of the draft of the operating agreement has also been
submitted to Council. He emphasized that this draft is intended to beanegotiating
instrumen~ as opposed to a final document. Upon execution of the operating agree-
ment between the Joint Powers Agency and Chino Hills Airport Complex, Inc., the
sum of approximately $300,000,which is the estimated cities' share of the planning
cost would be forwarded by Chino Hills Airport Complex, Inc. Mr. Watts concluded
with the statement that the purpose of his memorandum was to give the Council some
idea of the terms and conditions as these relate primarily to the formation and
structure of the Chino Hills Airport Authorit~ He offered to answer any questions
Council might have.
Councilman Thom stated his disagreement with Item Nos. 7, 8 and 9 as
set forth in Mr. Watts' report, and in particular, the statement includedin Item
No. 7 that "the cities may, in appropriate circumstances, make contributions from
their treasuries to the Chino Hills Airport Authority for the purposes setforth
in the agreement."
Mr. Watts replied that it would be for Council to determine how much and
for what purposes this money is to be forwarded to the Authority, and further to
determine whether or not such a provision should be included in the agreement.
Councilman Sneegas noted that the provision uses the word "may" rather
than "shall" which is not a commitment.
Councilman Thom stated that he would be opposed to any permissive pro-
vision allowing advancement or forwarding of monies, since, based on his experience
with the Anaheim Hills Golf Course, it may be possible that these funds would be
taken from the General Fund.
73-827
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 9~ 1973~ 1:30 P.M.
Councilman Dutton related that the City of Brea has forced a position
vote on the Chino Hills Airport issue at the Orange County League of Cities,
Thursday, October 11, 1973 and that he has accepted the responsibility of speak-
ing in favor of the need for additional air transportation facilities in Orange
County, and that he will also appear to present this position before S.C.A.G.
as well. He remarked that anyone who is familiar with the City of Anaheim re-
cognizes the tremendous air transport demands generated by this City and also
by the remainder of Orange County, not only associated with tourism but also by
industrial and agricultural shippers as well. He also referred to the presen-
tation given by Mr. Sideris of the State Division of Aeronautics which described
the projected growth of air transportation, and two comments made by Mr. Robert
Bresnihan, Director of Aviation of the County of Orange which indicate that in
Fiscal Year 1972-73 the Orange County Airport was the second busiest in the
Nation~ having serviced 1,250~000 passengers, whereas the facility was built to
accommodate a yearly load of 60,000 passengers. According to Mr. Bresnihanthe
projections are that air passengers served through Orange County Airport will
increase to 1,400,000 in Fiscal Year 1973-74 which is more than double the pas-
sengers the facility was built to accom~nodate.
Councilman Dutton stated that he felt these facts which he has pre-
sented make it incumbent upon the City of Anaheim to set forth its best efforts
to ensure that an adequate air transportation facility is established which will
meet the demands not only of the City of Anaheim but all of Orange County.
Councilman Dutton outlined the sequence of events necessary to devel-
opment of a regional airport as follows:
1. Negotiate and sign the joint powers agreement.
2. Establish inter-city airport authority.
3. Negotiate operating agreement with non-profit corporation for
planning, construction and operation of the airport. Matching funds provided
to cities at this time.
4. Secure FAA Master Planning Grant; select prime contractors with
approval of Airport Authority.
5. Hold public hearing &t conclusion of environmental impact study.
6. Hold public hearing on completion of Master Planning Phase.
7. If FAA does not approve the plan and/or participating cities de-
cide not to go ahead, disband Airport Authority and cancel agreement without
further liability on the part of the cities.
8. If plan is approved and cities decide to go ahead, secure FAA
Airport Development Assistant Program Fund Agreements and built airport.
9. Secure Department of Transportation grants for transportation
planning.
If the above are accomplished, Councilman Dutton advised that once
the airport becomes debt free it then belongs to all of the participatingcities.
He remarked that he felt the Chino Hills Airport Complex, Inc., proposal pro-
vies an opportunity for local government to really evaluate a possibility of
solving the present and future needs of air transportation. He added that this
facility would service San Bernardino, Riverside, northern San Diego and the
eastern portion of Los Angeles County as well as Orange County and would surely
be regional in its scope.
Councilman Stephenson pointed out that Mr. Watts' statement that the
Chino Hills Airport Complex, Inc., would donate the City's portion of the feasi-
bility study costs is in conflict with Item No. 9 of the report which states
that each participating city will advance public funds to the Authority to en-
able it to prepare an estimate of the amount needed to complete the feasibility
study.
Colonel Lowman, Chino Hills Airport Complex, Inc., stated that Item
No. 9 provides for a method by which the cities would pay the members of the
Airport Authority and their expenses, the sum to be determined by the partici-
pating cities. The clerical personnel and office space would be provided by
the non-profit corporation. The actual detail work on preparation of man hour
estimates, dollar costs per phase and the 14 planning elements would be paid
for by Chino Hills Airport Complex, Inc. He noted that it would not be legal
for Chino Hills Airport Complex, Inc., to pay the expenses or meeting fees of
the members of the Airport Authority since these people would be appointed by
the participating city councils.
73-828
City Hall? Anaheim, California - COUNCIL MINUTES - October 9~ 1973~ 1:30 P.M.
Councilman Stephenson noted that this would mean there is some expense
involved for the City.
Mr. Watts referred to Section 9 and stated that he would not interpret
this as Mr. Lowman has to mean that the cities would be responsible for meeting
fees and expenses only since it clearly states the cities are to advance funds
for preparation of estimates of the amount of money needed to complete said
feasibility study.
Mr. Lowman reminded Council that this document is not a firm complete
document and that Chino Hills Airport Complex, Inc., would be happy to negotiate
with Mr. Watts to amend this statement to Council's satisfaction. He stated that
the entire proposed joint powers agreement is subject to discussion and negotia-
tions by all of the prospective participant cities.
Councilman Stephenson stated that from the discussion he understood
that the only expenses to be incurred by the City would be the expenses and fee
per meeting of the Airport Authority members.
Mr. Watts brought to Council's attention an analogous situation, that
of the Community Center Authority, which is also a Joint Powers Agency, the mem-
bers of which are not paid expenses or fees for meetings. Whether or not this
Airport Authority will be administered in a similar manner is up to the partici-
pating cities. In any event, Mr. Watts noted that it will cost the City to the
extent of the City staff time which is involved on the project.
Councilman Dutton stated that he knows there are other cities which
have indicated interest in the proposal and he would like to proceed to the next
step.
Councilman Thom remarked that he felt such a collossal proposal would
require more investigation than has been given it thus far. He stated that he
defines the program of a City as the extent to which it serves the traditional
needs of the people. Further he responds not to the air transportation needs and
demands of Orange, San Diego, Riverside and San Bernardino Counties, but the needs
and demands of the citizens of Anaheim, and, to date, no interest or demand for
this project has been indicated to him.
Councilman Dutton stated that he felt this proposal deserves the same
consideration as other matters which come before the Council and that the tech-
nique necessary in order to obtain the facts should be instituted. He thereupon
moved that the City negotiate and sign a joint powers agreement with other cities
as outlined in the sequence of events to accomplish the development of the Chino
Hills Airport, said agreement to be at no cost to the City of Anaheim and to con-
tain the provision that a participating city may withdraw at certain outlined
stages.
Councilman Sneegas seconded the motion and stated that it is obvious
that there is no adversity to be encountered if one never takes any action, how-
ever, looking to the future 20 to 40 years from now, he felt the Council is not
in a position at which they can bypass this proposal without giving it a complete
and full evaluation. He compared this situation with the foresight shown by
earlier governmental leaders in installing sewers and water systems.
Councilman Stephenson recapitulated the motion and stated that he would
be in favor if the joint powers agreement provided a means by which the City could
withdraw from said agreement at any time.
Mr. Watts again explained the first two planning phases and that the
agreement currently provides for withdrawal only at the completion of either of
these first two planning stages.
Following brief discussion as to whether or not the City would be com-
miting itself to additional costs, as a result of the motion as stated by Councilman
Dutton, Mr. Watts surmised that the problem was one of semantics. He explained
that usually when he is authorized to negotiate, he drafts, in conjunction with
the other party or parties involved, an agreement or contract which, to the best
of his knowledge, is within the Council's desires. It is then brought back in
73-829
City Hall, Anaheim~ California - COUNCIL MINUTES - October 9~ 1973~ 1:30 P.M.
some final form for Council approval. He suggested that Councilman Dutton
remove the directive in his motion which calls for signing of the joint powers
agreement.
Councilman Dutton concurred and Councilman Sneegas agreed to second
the motion as amended: "That the City negotiate a joint powers agreement with
other cities as outlined in the sequence of events to accomplish the develop-
ment of the Chino Hills Airport, said agreement to be at no cost to the City of
Anaheim and to contain provision that a participating city may withdraw at cer-
tain outlined stages."
Roll call vote was requested by Councilman Thom:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley and Dutton
Thom
None
MOTION CARRIED.
Councilman Dutton requested that a letter be forwarded to Colonel
John V. Foley, Chief of Army Engineers, Los Angeles District Corps of Engineers,
300 North Los Angeles Street, Los Angeles apprising him of the CityofAnaheim's
action on the proposed joint powers agreement to form the Chino Hills Airport
Authority and advising him of the suggestion made by Mr. Martinet, member of
the Executive Committee of the Anaheim Chamber of Commerce, relative to removal
of the siltation behind Prado Dam and using the material removed in const=uction
of the airport. He advised that it is estimated that approximately 11% of the
22,500 acre foot of storage capacity at the Prado Dam has been lost due to sil-
tation and if it proves feasible as much as 25,000 acre foot may be removed and
transported to the airport site by conveyer belt or other appropriate means.
By general Council consent, the letter to the Chief of Army Engineers
was authorized as recommended by Councilman Dutton.
LEASE AGREEMENT - M.D.S. COMPUTER SYSTEM SITE: Mr. Robert Davis reported on the pro-
posed Anaheim/M.D.S. joint computer center, the joint powers agreement to oper-
ate same, and the letter agreement from M.D.S. to hold the City harmless in the
event any claim is made on software jointly developed by M.D.S. with any other
firm. Mr. Davis advised that the joint powers agreement to operate a joint com-
puter facility was previously approved in concept by the Council.
Mr. Davis presented a further recommendation that Council authorize
execution of a three-year lease agreement between the City and the Bank of
America for the seventh floor of the Bank of America building, 300 South Harbor
Boulevard to house the joint computer facility. He reported that a number of
potential sites were investigated, many of them in the northeast industrial
area, which was indicated to be of high preference by M.D.S. because of the easy
access by freeway from this area to the many member cities in the San Gabriel
Valley. However, due to the cost of conversion of an industrial building to the
computer-office use and the fact that most of the leases offered included a buy-
back provision for a short term lease of three years, analysis of potential
sites was extended to include the entire city.
The most appropriate facility, on the best terms, found in this analy-
sis was the seventh floor of the Bank of America building. The lease offered
provides for the landlord to contract to put in all of the necessary improve-
ments to City-M.D.S. specifications. This would include partisans, computer
floor and power installation for the computer. The cost under this lease would
be 42 cents per square foot the first year; 45 cents per square foot the second
and third years. There is no buy-back provision for the improvements at the
end of the third year.
In answer to Councilman Thom, Mr. Davis advised that the space require-
ment for this facility is 10,000 square feet.
Councilman Thom inquired why the Amaheim Stadium, at which the City's
Data Processing operation is currently located, was not considered as a poten-
tial site in this investigation.
73-830
City Halll Anaheiml California - COUNCIL MINUTES - October 9~ 1973~ 1:30 P.M.
Mr. Davis replied that this was considered but that there is not suffi-
cient room to house the computer and the staff necessary at this site without
adding some additional office area, and the estimates for the improvements and
addition were in the neighborhood of $30,000 to $40,000, plus there is a criti-
cal time factor in the agreement with M.D.S. to meet the January 1, 1974 dead-
line.
Councilman Thom remarked that use of the Stadium, even with improve-
ments, would still be advantageous for the City in the long run.
Mr. Davis concurred with this statement but reiterated that there is
the critical time element in the M.D.S. agreement with which the City must con-
tend.
Councilman Sneegas queried how much the time element is worth, and fur-
ther noted that there is no possibility of expansion at the Bank of America site
should this become necessary.
At the request of Councilman Pebley, Mr. Davis outlined all of the re-
quirements for the M.D.S. site, !and advised that these improvements, according
to the survey could not be installed in an industrial location cheaper than the
cost of the lease offered by the Bank of America. Mr. Davis pointed out addi-
tionally that most of the arrangements offered for industrial properties were net
leases for sums approximating the same amount on which the City would be required
to pay taxes and other costs, whereas the Bank of America lease would include all
utilities with the exception of computer power and for three cents additional per
square foot complete maintenance service could be obtained.
Councilman Sneegas remarked he found it difficult to envision this com-
puter facility in the Bank of America building at 42 cents per square foot and
would much rather see the money put into a City-owned building such as the
Stadium. He stated that prior to any decision he would like to have the figures
on costs for these improvements at the Stadium. He emphasized that the City is
considering an expenditure of $60,000 per year for a lease with a limited life
of three years.
Councilman Pebley reported on an industrial building which he felt
should be investigated as a potential site as according to his information the
lessee (Task Corporation) will be vacating shortly. He felt that the building
could be secured at a much more reasonable cost.
With consent of the remainder of the Council, Councilman Dutton sugges~
ted that further consideration of the three year lease be held over for one week
to allow time to pursue the additional site recon~nended by Councilman Pebley as
well as to ascertain the cost associated with conversion and addition to the
Stadium for this purpose.
RESOLUTION NO. 73R-470 - JOINT POWERS AGREEMENT - M.D.S.: Councilman Sneegas
offered Resolution No. 73R-470 ~or adoption, authorizing the Mayor and City Clerk
to execute the joint powers agreement with M.D.S. for joint operation of a com-
puter facility.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS
AND CONDITIONS OF A JOINT EXERCISE OF POWERS AGREEMENT WITH THE SANGABRIEL VALLEY
MUNICIPAL DATA SYSTEM AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID
AGBEE~ENT.
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-470 duly passed and adopted.
M.D.S. HOLD HARMLESS AGREEMENT: On motion by Councilman Sneegas, seconded by
Councilman Dutton, the City Council approved the letter agreement with M.D.S. hold-
ing the City harmless from any claims which may be submitted for software developed
jointly by M.D.S. and other firms. MOTION CARRIED.
73-831
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 9~ 1973; 1:30 P.M.
ANAHEIM - FULLERTON BOUNDARY .ADJUSTMENT: The Assistant City Manager presented
request received from the City of Fullerton dated September 25, 1973 regarding
a boundary adjustment pertaining to a parcel of land located north of the River-
side Freeway which is being developed in conjunction with adjacent property in
the City of Fullerton. Mr. Davis recommended approval of the boundary adjust-
ment so as to enable the City of Fullerton to annex subject property since the
property is isolated from the City of Anaheim by the Riverside Freeway and
would logically be served by Fullerton.
On motion by Councilman Stephenson, seconded by Councilman Dutton,
the City Council authorized preparation of necessary resolution approving bound-
ary adjustment between the City of Anaheim and the City of Fullerton of that
property designated Parcel No. A on City of Fullerton proposed annexation map
70-1, subject to approval by the Local Age~cy Formation Commission. MOTION CARRIED.
RESOLUTION NO. 73R-471 - MOHLER DRIVE ANNEXATION NO. 2 (UNINHABITED}: Pursuant to
the authority granted by ~the Local Agency Formation Commission Resolution No.
73-120, Councilman Stephenson offered Resolution No. 73R-471 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE
ANNEXATION TO THE CITY OF ANAHEIM OF THE TERRITORY KNOWN AND DESIGNATED
MOHLER DRIVE #2 ANNEXATION. (8½ acres)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-471 duly passed and adopted.
RESOLUTION NO. 73R-472 - BALL - GILBERT ANNEXATION (INHABITED~: Pursuant to auth-
ority granted by the Local Agency Formation Commission Resolution No. 73-142,
Councilman Sneegas offered Resolution No. 73R-472 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE
ANNEXATION TO THE CITY OF ANAHEIM OF THE TERRITORY KNOWN AND DESIGNATED
AS BALL-GILBERT ANNEXATION.
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-472 duly passed and adopted.
CERTIFICATION OF SUFFICIENCY OF CHARTER AMENDMENT PETITION: The City Clerk presented
the following certification:
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ANAHEIM )
SS.
I, DENE M. DAOUST, City Clerk of the City of Anaheim, do
hereby certify that upon receipt of Petitions Certification from
David G. Hitchcock, County Officer having charge of the registra-
tion of voters in the County of Orange, im accordance with Section
34452 of the Government Code of the State of California, it appears
that the 234 sections of the initiative petition for DIRECT ELECTION
73-832
City Hall~ Anaheim~ California - COU~CIL MINUTES - October 9~ 1973~.1:30 P.M.
OF THE MAYOR OF THE CITY OF ANAHEIM "BY THE PEOPLE" contained 16,180
signatures and that from his examination, it appears that the total
number of qualified electors within the City of Anaheim whose names
are signed to said petition is 13,935.
I FURTHER CERTIFY that, pursuant to Section 34462 of the
Government Code of the State of California, the last mentioned
figure, 13,935 represents mo~e than 15 percent of the total vote
cast for all candidates for Governor in the City of Anaheim at the
last preceding General State Election in which the Governor was
elected.
IN WITNESS WHEREOF, I have hereunto set may hand and affixed
the official seal of the City of Anaheim this 5th day of October,
1973.
/s/ Dene M. Daoust
DENE M. DAOUST~ CITY CLERK
CITY OF ANAHEIM, CALIFORNIA
(SEAL)
At Council request, Mr. Watts explained that the proper legal procedure
as set forth in Section 34455 of the Government Code is that the governing body,
i.e., the City Council, within 15 days of such filing, shall cause said charter
or charter amendment to be published once in the official newspaper of said city
and in each edition thereof during the day of publication. Section 34461 pro-
vides that the charter amendment shall be advertised again in the same manner and
the election on the proposed amendment shall be held on a date to be fixed by the
governing body which is not less than 40 nor more than 60 days after the completion
of the second publication. Further he reported that there is another provision
which would permit the City Council to continue the election until the next General
Municipal Election.
Councilman Thom remarked that the most logical approach would be to set
this charter amendment for the next General Municipal Election.
On motion by Councilman Dutton, seconded by Councilman Stephenson, the
City Clerk was directed to publish the charter amendment submitted in accordance
with law. MOTION CARRIED.
ANAHEIM REPRESENTATIVE - ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT: Councilman Thom
referred to the action taken by the City Council on October 2, 1973 to initiate
dissolution of the Orange County Mosquito Abatement District and stated that if
the City Council is serious in this effort and wishes to make this intent known,
then the Anaheim representative on the Board should be withdrawn.
Councilman Sneegas advised that the attempt is serious, but cautioned
that, having taken such an action, if the attempt to dissolve the Board is not
successful, then the City stands to be in the position of being unrepresented in
the District.
No further action was taken by the City Council.
RECESS - EXECUTIVE SESSION: Councilman Sneegas moved to recess to Executive Session.
Councilman Pebley seconded the motion. MOTION CARRIED. (5:45 P.M.)
AFTER RECESS: Mayor Dutton called the meeting to order, all Councilmen being present.
(6:05 P.M.)
AUTHORIZATION OF LITIGATION: Councilman Stephenson moved that the City Attorney be
authorized to participate in three legal proceedings, as follows:
1. To appear in the case, Federal Power Commission Docket No. R-479 regard-
ing the proposed Rule-MakingFuelAdjustment Clause in wholesale rate schedules, at
a maximum financial participation by the City of $1,000.
2. To intervene in Federal Power Commission Project No. 2730, Black
Star Canyon Pump Storage Project.
73-833
City Hall; Anaheim~ California - COUNCIL MINUTES - October 9~ 1973~ 1:30 P.M.
3. To file a complaint and intervention, in association with Spiegel
and McDiarmid in the Federal District Court of Arizona, in the Case of Arizona
Power Pooling Association versus Roger C. B. Morton, et al.
ADJOURNMENT:
motion.
Councilman Sneegas seconded the motion. MOTION CARRIED.
Councilman Pebley moved to adjourn. Councilman Thom seconded the
MOTION CARRIED.
Adjourned: 6:10 P.M.
Signed ·
~ City Clerk
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 16, 1973~ 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCILMEN: Stephenson, Sneegas, Pebley (entered at 1:37 P.M.)
Thom and Dutton '
ABSENT: COUNCILMEN: None
PRESENT: CITY MANAOER: Keith A. Murdoch
ACTING CITY ATTORNEY: Alan R. Watts
DEPUTY CITY CLERK: Alona M. Farrens
CITY ENGINEER: James P. Maddox
UTILITIES DIRECTOR: Gordon W. Hoyt
ASSISTANT DEVELOPMENT SERVICES DIRECTOR: Ronald Thompson
CHIEF BUILDING INSPECTOR: Dan Van Dorpe
ZONING SUPERVISOR: Charles Roberts
Mayor Dutton called the meeting to order.
INVOCATION: Reverend Wayne Bibelheimer of the Magnolia Baptist Church gave
the Invocation.
FLAG SALUTE: Councilman Mark A. Stephenson led the Assembly in the Pledge of
Allegiance to the Flag.
PROCLAMATIONS: The following proclmmations were issued by Mayor Dutton and
unanimously approved by the City Council:
"United States Day" - October 23, 1973.
"United States Week" - October 23 - 29, 1973.
"National Business Women's Week" - October 21 through 27, 1973o
Mrs. Josephine Fulfer and Mrs. Alma Metz, President, accepted the
proclamation on behalf of the National Business Women's A~sociation.
RESIGNATION - DENE M. DAOUST~ CITY CLERK. Mayor D~tton read aloud the letter
of resignation, due to retirement, submitted by Mrs. Dene M. Daoust,
City Clerk, effective January 4, 1974.
The Mayor con~nented he had contacted Mr. Harold Daoust, City Purchasimg
Agent, and learned that Mr. Daoust's retirement w~ll also be effective
January 4, 1974, that they have plans for extensive travel a~d are
looking forward to their retirement. The Mayor expressed best wishes
to both fo~ many years of a happy retirement.