1974/12/1074-1187
City Hall, Anaheim~ California - COUNCIL MINUTES - December, 10~ ~974~ 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
P~S~T:
~S~T:
P~SENT:
COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas .and Thom
COUNCIL MEMBERS: None
CITY MANAGER: Keith A. Murdoch
CITY ATTORNEY: Alan R. Watts
CITY CLERK: Aloha H. Hougard
PARKS, RECREATION AND THE ARTS DIRECTOR: John J. Collier
STADIUM-CONVENTION CENTER DIRECTOR: T. F. Liegler
PERSONNEL DIRECTOR: Garry O. McRae
CITY ENGINEER: James P. Maddox
ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson
ZONING SUPERVISOR: Charles Roberts
Mayor Thom called the meeting to order at 1:45 P.M.
INVOCATION: Father Bruce Lavery of St. Anthony Claret Roman Catholic Church
gave the Invocation.
FLAG SALUTE: Councilman Ralph G. Sneegas led the Assembly In the Pledge of
Allegiance to the Flag.
MINUTES: Minutes of the Anaheim City Council Regular Meeting held November 19, 1974,
and Adjourned Regular Meetings held November 20and December 4, 1974, were
approved, on motion by Councilwoman Kaywood,'seconded by Councibaan Seymour with
the following correction to the meeting of November 19, 1974, Page No. 74-1121,
Paragraph No. 5 add the following sentence "This article appeared after she
attended a Cultural Arts Commission meeting where she thought she had made it
clear there were'no specific plans as yet, and that Council's intent was defi-
nitely to preserve the Carnegie Building." NOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTION~: Councilman Pebley moved to waive the
reading in full of all ordinances and resolutions, and that consent to the
waiver of reading is hereby given by all Council Members unless, after reading
of the title, specific request is made by a Council Member for the reading of
such ordinance or resolution. Councilman Sneegas seconded the motion. MOTION
UNANIMOUSLY CARRIED.
REPORT - FINANCIAL DENANDS AGAINST THE CITY: Demands against the City in the amount
of $832,139.51, in accordance with the 1974-75 Budget, were approved.
PUBLIC ~%RING - VARIANCE NO. 2644 AND ENVIRONMENTAL IMPACT REPORT NO,,. 135 (TENTATIVE
TRACT NO. 8783}: Application by Nartina Y. 'Pelancoui for the following Code waiver
to construct a 140-lot, R-H-iO,O00 subdivision on R-A zoned property located
southeast of the intersection of Santa Ann Canyon Road and Royal Oak Road, was
submitted together with E.I.R. No. 135:
a. Requirement that single-family residences rear on arterial highways.
The City Planning Commission, pursuant to Resolution No. PC74-208,
denied Variance No. 2644 and further recomaended that the City Council certify
E.I.R. 135 as in compliance with the Califomia Environmental Quality Act pro-
vided, however, that a copy of the Cut-and-Fill. Nap be submitted as a supplement
to said E.I.R.
Appeal from action taken by the City Planning Comaission was filed by
Mr. Robert A. Hukee, Projects Coordinator, Presley of Southern California and
public hearing scheduled this date.
Zoning Supervisor Roberts briefly described the location of the prop-
erty and indicated this on the posted plot plan for Tentative Hap, Tract No.
8783. He explained that in excess of 52 acres are involved in this request and
that the Applicant has submitted a tract map (No. 8783) which tmdicates thmir
proposal to subdivide the parcel into 140 lots in confo~¢e with the R-H-10,000
Zone site developmemt standards, with the e~ceptiom Of Lot No. 1 in the s~uthwest
cormer of the project, which would'side onto Royal Oak Road which is am arterial
hi.way.
74-1188
City Hall~ Anaheim~ California - COUNCIL MINUTES - December l0t 1974~ 1:30 P.M.
Mr. Roberts related the zoning history of the property, advising that
it is currently in the R-A Zone with a resolution of intent to R-H-IO,O00 which
was approved in November, 1967 on a larger area which included parcels located
to the south and west, all of which were under one ownership at. the time (Louis
Nohl). There is also a resolution of intent to R-1 which was approved in December
1970 when this property was a portio~ of 110 acres under consideration. The
easterly portion of this latter project, comprised of about 45 acres, was approved
for a townhouse development (Tract No. 8404 - Developer, Calprop) in the R-2
Zone. When the conditional use permit for the townhouse units was approved, 135
single-family units were approved as a part of the resolution of intent for
subject property. The current developer proposes 140 units but has acquired an
additional 2 acre parcel on the easterly side of Nohl Ranch Road which has been
incorporated into the total acreage for this project. The densities therefore
of the currently proposed project (Tract No. 8783) and the project approved in
1970 both calculate to 2.7 units per gross acre.
Mr.'Roberts described the surrounding land uses and noted in particular
that there is a canyon area immediately to'the east which has been the subject
of much-discussion and is intended to be developed as a special recreation type
of facility. Mr. Roberts noted that the R-H-10,O00 Zone has a minimum lot area
of 10,000 square feet, but the ordinance also recognizes the possibility of
significant topographical difference in the terrain, and permits a reduction
under the circumstances down to 8,000 square feet as long as the average lot
size remains at 10,000. In the tract submitted together with Variance No. 2644,
the smallest lot size is 8,100 square feet and the'average lot size is 13,000
squar~ feet.
Mr. Roberts explained that access to the tract is planned primarily
from Royal Oak Road tO the west, via an extension of Spring Hill Drive and a new
street, and from the east by extension Of Avenida Margarita at some future date
from it present terminus at the southwest corner of the Rancho Yorba Shopping
Center, in a southwesterly direction to tie in with one of the streets proposed
in this single-family subdivision.
Mr. Roberts reported that all lots conform to site development standards
of the R-H-10,O00 Zone but that no house plans were submitted and consequently
an evaluation cannot be made as to whether these will conform to setback require-
ments, etc.
Mr. Roberts related that the Planning Commission held considerable
discussion with regard to the impact of this proposed project upon other homes
in the area as well as the development concept itself in light of the amendments
to the Grading Ordinance which are currently under consideration. He noted that
E.I.R. No. 135 indicates 500,000 cubic yards of dirtwould be moved on this 52
acre parcel. The Planning Commission, although they did feel that the E.I.R.
satisfies minimum requirements of State Guidelines, still had reservations abOut
the amount of dirt to be moved and consequently voted for denial of the tract
map and variance as well. They were further of the opinion that the E.I.R. did
not clearly show that this particular development would be in the best interest
of maintaining the environment of subject area and does not explore as extensively
as necessary the other possibilities for the highest and best use of the property
within reasonable limitations of grading.
The Mayor asked if the Applicant or his Agent were present and wished
to address the Council.
Mr. Randall Presley, President of Presley of Southern California, 4600
Campus Drive, Newport Beach, 92664, replied to Councilwoman Kaywood that 36 of
the 140 proposed lots are under 10,000 feet and reiterated that this is permitted
under the ordinance so long as the average lot size remains at 10,000. He
stated that the average lot in this tract will be 13,000 square feet and that he
would estimate the largest lots to be between 19,000 and 20,000 square feet.
Councilwoman Kaywocd inquired whether the additional lot size over the
10,000 square foot minimumwould be flat pad area,'and wasinformed by Mr.
Presley that the additional square footage would be inslope or banks.
Councilwoman Kal-wood noted then that this additional space. WOuld not be usable,
with which Mr. Presley agreed..
74-1189
City Hall~ Anaheim~ California - COUNCIL MINUTES - December 10~ !974~ 1:30 P.M.
Mr. Presley stated that in the planning for this project they had
wor~ed closely with the City staff and incorporated their suggestions. They
have endeavored to design the project to be compatible with surrounding areas
and an asset to the City. He stated that while his average lot size will be
13,000 square feet the project will require less dirt movement and relatively
less grading than subdivisions .Lm~ediately surrounding the property. He cited
that in comparison to this project in which he proposes to move 9,400 square
yards per acre, the lowest of chose projects surrounding was 12,000 square yards
per acre, and the highest 22,000 square yards per acre.
Mr. Presley stated that land development costs have increased at a
rate which has never been approached before. He advised that with a density of
2.7 units per acre as proposed, which is below the'3.4 maximum permitted, their
actual hard costs will amount to approximately $18,000 per lot, whereas two or
three years ago these costs would have ranged from $8,000 to $12,000. He intro-
duced Mr. Fred Wilson who presented a brief slide show depicting man-made slopes
in various development projects throughout Orange County. These slides also
demonstrated some stilt-type housing in Laguna Beach which was accomplished
without grading, fir. Wilson contended that manufactured slopes, with proper
planting, can resemble to some degree a natural terrain, and can sometimes
compare more favorably.
In reply to Councilwoman Kaywood's inquiry as to why the development
is planned with a 1~:1 slope ratio, Mr. Presley stated that they are working to
satisfy the ordinance which is currently in effect. Secondly they would not
design with .this ratio if they did not think it was adequate. A 2:1 slope, as
is currently being considered, in this project would increase the length of the
slopes and the amount of slope to be maintained and planted. The 2:1 slope will
also require 5% more grading in this particular project and would reduce the lot
number by five. He further advised that the difference between these two slope
ratios, once graded, is not discernible to the laymanWs eye.
Councilwoman Kaywood contended that there is however a difference in
the safety and maintenance factors.
Councilman Seymour referred to Interdepartmental Conditional No. 17
recommended to be imposed should the project be approved, which requires that
some provision, acceptable to the City Council, for the landscaping and mainte-
nance of the slopes within and/or created by the development of this property be
made, and asked Mr. Presley if he would be agreeable to accepting more stringent
landscaping requirements to insure that the type of slope growth displayed on the
slides actually takes place.
Mr. Presley answered that the landscaping contract used by his firm
requires only one set of specifications be met on all slopes regardless of their
location. He conceded that they do place more mature trees on streets entering
the subdivision.
Councilman Seymour s,,~rized that he is attemting to ascertain whether
or not there is some willingness on the part of Presley of Southern California
to go one step further in the landscaping if, in fact, the project was approved,
to which Mr. Presley replied affirmatively.
Councilwoman Kayood referred to the techniques outlined in Environ-
mental Impact Report No. 135 which refer to the landslide area and inquired
whether the developer intends to implement all of these in accordance with
reco~ndations made by the geologist.
Mr. Presley replied affirmatively, noting that it would be far more'
exp~nsive for his fimnot to accept these'rec~m~ndations thereby creating a
potantial future problem.
Mayor Thom asked if anyone wished to address the Council in favor of
the proposed project. ,
Nr. Carl Newton, 6~9 South Olive, Suitel000, Los Angeles, 90014,
Attorney represent.ins the property owner, advised that the tax burden of simply
holding this property is .quite heavy. He'not~d that his client is interested in
74-1190
City fla11~ Anaheim~ California - COUNCIL MINFrES - December 10~ 1974~ 1:30 P.M.
the proper use and development of this property and has given the proposed
project unqualified support. Mr. Newton noted that the developer has met the
existing development standards in the design of this project and submitted that
these are the basis for approval by the City, Although some changes in standards
are being considered at the present time, Mr. Newton state~ that he is sure no
one would consider that there should be a retroactive appli~ation of future
requirements.
Mr. Bob Miller addressed the Council in favor of subject project and
urged approval of same because the develoPer has met the City's requirements.
He cited that there are currently 50,000 unemployed people in Orange County and
20I to 25I of construction workers are out of work, and requested that the
Council take this into consideration as well.
Mr. Orville Harms, representing the Carpenters Union, Local 2203,
agreed with Mr. Miller's statement. He further noted that his Local has 2,250
members, the majority of whom live in Anaheim. He remarked that it would behoove
the City Council to do whatever it can to generate employment and promote the
livelihood of the citizens of Anaheim, by approving this project which meets all
existing city requirements.
The Mayor asked if anyone wished to address the Council in opposition.
Mrs. Jean Morris, 400 Torrey Pines Circle, Anaheim, voiced her concern
relative to subject project, noting that on the l~il slope banks in the Westridge
tract in which she resided, many of the trees planted were lost during the
recent Santa Ana wind. She contended that even with an extended cutting device
it is impossible to gain access to the trees on these slopes and properly trim
them. Consequently they become top heavy and are easily uprooted.
Mrs. Morris described that this developer plans 70- to 80-foot banks
on Lot Nes. 107 to li4 and a 90-foot slope bank on Lot No. 104. At least three
drain benches would be required on these banks which will add to the maintenance
problem. She related her own personal experience in attempting to maintain a
drainage bench and stated that she did not think it possible to find a profes--
sional maintenance program at reasonable cost which would include this service.
An additional consideration which Mrs. Morris described was that storm
drains which are public works should be placed on public property. She referred
to an incident of leakage which occurred in Tract No. 7569, which resulted in
the subcontractor completely removing expensive fences to gain access to these
storm drains. In the proposed Tentative Tract No. 8783 Mrs. Morris indicated
that storm drains will run through Lot Nos. 2, 3, 81, 82, 103, 104, 128 and 129.
She remarked that she has investigated this problem and has learned that other
cities try to maintain public works on public property. She suggested that the
area in which the storm drains are located not be included within private prop-
erty boundaries, but left open to allow easy access for repair.
During a later point in the discussion Mrs. Morris brought to Council's
attention that Lot Nos. 14, 34, 37, 137, 138 and 139 are plotted with below
minimum width requirement and are located mostly on cul-de-sac streets.
Mrs. Virgene Walker, 410 Torrey Pines Circle, Anaheim, advised that
she has lived in the Westridge tract for more than two years and has'observed
the Grant Company of California going through the process of planting and replant-
ing slopes, which have yet to take hold to any considerable degree. Many of
these slopes are still completely devoid of plant materials after being treated
with the hydromulch technique. She stated that the reason so many of the trees
were lost during recent winds was the grading which took place in Westridge,
after which trees were planted in five gallon containers, and there being no top
soil, the roots of these have not sPread into the slope bank itself.
Hrs. Walker inquired whether there may be any opportunity to maintain
som~ of the brush and thicket presently located behind the Westridge homeowners,'
common area containing the tennis courts and swimming pool. She advised that
there are many pepper and eucalyptus trees in this ar~a. which she would prsfer
be maintained as a buffer. She also reported that Crescent School, to which
elementary students from the p~oposed tract would be assigned, is overcrowded at
the presant time and has voted to go on a year around schedula.
74-1191
City Hall~ Anaheim~ California - COUNCIL MINUTES - December 10~ .1974, 1:30 P.M.
Mrs. Marie Schilling, 112 Orange Hill Lane, Anaheim, indicated that
she resides immediately west of the proposed tract and is concerned about what
will back up to her property. She stated that according to the Developer's
plans it appears they intend to add 12 to 13 feet of fill'to an area on the
western edge of subject property which already is an elevated bank and which is
relatively level. She further referred to a letter submitted to the City Plan-
ning Commission dated October 23, 1974 by residents in her immediate vicinity
which, among other concerns, inquires when the extension of Avenida Margarita
will be completed, inasmuch as they consider that 120 additional homeowners
using Royal Oak Road would constitute a substantial increase in traffic.
Mrs. Schilling also voiced her concern regarding slope maintenance and
whether or not the existing power lines would be Placed underground.
The Mayor asked if anyone else wished to address the Council, either
in favor or in opposition, and hearing none, offered the Applicant a few minutes
for rebuttal.
Hr. Presley responded that the frontages on cul-de-sac streets are
designed to meet Code requirements for front setbacks and are compatible with
residences in the rest of the development. Further, although these lots have
narrow frontages, they have exceedingly large rear yards.'
Mr. Robert A. Hukee, Project Coordinator for Presley of Southern
California advised that the bank area on theWesterly edge of the tract referred
to by Mrs. Schilling is currently 10-feet high and it is proposed to place 13
feet on top of this. He reported that the necessity~for this increased eleva-
tion is dictated by the established grade of Spring Hill Road at the boundary of
this property to' meet the design criteria for sight line distance, drainage and
vertical curve.
Mr. Hukee remarked that the telephone and power lines alluded to are
located on property to the west of this tract and 'not owned by this property
owner. He reported that the utilities within the proposed project would be
underground in accordance with the City's policy.
At Councilman Seymour's request for co--ut on the extension of Avenida
Margarita, Hr. Hukee explained that there is consideration being given to the
development of a park immediately adjacent to this proposed subdivision. The
extension of Avenida Margarita would be completed and opened as part of the park
development.
Hr. Presley stated that his firm will endeavor to work out a partici-
pation arrangement with the two other companies involved toward the development
of both the street and the park.
Councilman Seymour stated that perhaps this would be the appropriate
time for report from Mr. Ben Yorba to up-date the Council on the progress of the
park planning.
Mr. Bernardo Yorba related that during the overall planning for the
entire 150 acres located in this vicinity they had agreed to accept a condition
designating the property immediately east of proposed Tentative Tract No. 8783
as a special recreation area. Subsequently, following exploration of various
possibilities for development, Mr. Yorba stated that he was given permission by
the Council to explore the feasibility of permitting this area to be retained as
a natural park. He reported that his family held an interest in retaining a
portion of the ranch in its natural state. He advised that some preliminary
planning for this type of park has been done and voiced the opinion that the '
plan formulated so far will produce a recreational facility of some meaning, and
also will have some educational value. He referred to the endorsement which
this plan has received from the Orange County Department of Education, Orange
Unified School District and Cal State University Fullerton. Hr. Yorba concluded
that the City has a unique opportunity to acquire and develop this park site
since the land will be contributed to the City with some i~provmaents made in
accordance with guidelines established by the Parks, Recreation and the Arts
Department.
74-1192
City Hall~ Anaheim~ California - COUNCIL MINUTES - December 10~ 1974~ 1:30 P.M.
Mr. John Collier displayed ;a preliminary plan for development of this
natural park site. Mr. Collier reported that the general direction of the planA
ming for this park would be to leave it, as much as possible, in its natural
state while recognizing that it would be used by the public. No active sports
areas would be included. A service road would be installed for maintenance
purposes. The park would have hikimg trails and a picnic area with parking
located at the extreme northern end adjacent to Avenida Margarita. Mr. Collier
noted that the Grant Company of California.has a responsibility for installation
of drop structures to drain water from their project and there should be water
running through this park all year around. There are currently quail, squirrel
and some pheasant living in the area, and it is hoped that this wildlife will be
retained. He stated that indications are, from talks with Mr. Yorba and the
developers regarding their participation, that the park~would not be completed
through their efforts, but would be a long way towards being useful.
In reply to Councilwoman Kaywood, Mr. ~Collier remarked that it is
hoped maintenance would be considerably less at this park site, since no grass
areas would be included. He estimated the maintenance costs would be one-third
less than at a conventional City park.
Councilman Seymour inquired what type of participation Mr. Yorba and
the developers are proposing, to which Mr. Collier answered that while develop-
ment of the adjoining properties is being conducted, when grading is being done
perhaps one of the developers would perform some of the grading required, like-
wise with asphalt paving, etc. In this manner the~work could be completed at a
much lower cost. ~
Mr. Murdoch also suggested that with this natural type of development
there will be minimal Use of machinery and perhaps the City may be able to per-
form a substantial portion of the work using C.E.T.A. Funds for employment.
At the request of Councilman Seymour, Mrs. Walker and Mrs. Morris
indication the locations of the pepper and eucalyptus trees on the posted tract
map and discussion ensued regarding the possibility of maintaining any of these
trees. Councilman Seymour remarked that he felt it should be possible to preserve
those eucalyptus trees which are adjacent to the Four Corners Pipeline Easement.
Mr. Hukee responded that because of grading requirements the pepper
trees and those eucalyptus trees which are north of the easement would have to
be removed, but that Presley of Southern California would be willing to accept a
condition to save a majority of those eucalyptus trees within 10 to 15 feet of
the pipeline easement. He advised in answer to Councilwoman Kaywood that the
pepper trees could not be saved.
Councilwoman Kaywood remarked that to remove existing, growing trees
when you cannot get new ones growing is something very serious. She further
noted that it concerns her when everything is bulldozed away. She stated that a
mature tree can increase the value of a house by $4,000 to $5,000. She suggested
that the Developer get together with the Parks, Recreation and the Arts Depart-
ment to see if some of those pepper trees could be replanted and saved.
In answer to Councilwoman Kaywood's question regarding the naming of
short cul-de-sacs, Mr. Roberts stated that this would be incorporated into the
street naming system adopted recently by Council which would cause these to
retain the n~e_ of the longer street. However, in certain instances on this
proposed tract map this might be illogical when the stubbed streets are extended
into adjacent tracts.
Councilwoman Kaywood asked whether conditions would be imposed upon
the approval of this project that the grading be done in accordance with those
methods recommended by the soils engineering and listed on Page Nos. A-6 and
A-12 of ~nviroma~ntal Impact Report No. 135.
Mr~ Maddox replied that although these are not specifically spelled
out as a condition of approval, his office would take all steps necessary to be
sure all grading or filling is done in accordance with the best practices as
recommended by their engineers.
74-1193
City N-!!m Aa-be'imm California - COUNCIL MIFOTES - Decesber 10~ !974~ 1:30 P.M.
Mrs. Horris reiterated her concerns that easesmnts for stor~drains be
left open and not considered a part of the lot pad itself.
Mayor Thom asked if anyone else wished to address the Council and
hearing no response, he declared the hearing closed.
Councilman Seymour stated that while he can appreciate the Plannin$
Comaission's decision on this project, since they are currently attempting to
co~e up with a better solution to the grading problem, he can also appreciate
the position of Presley of Southern California, who are working with the set of
rules and regulations which are in existence. He noted that the project meets
these requirements in all respects, although he is not personally happy with the
amount of grading to be performed. He indicated that he still feels there is a
better solution to the grading situation, but in the meantime there must be some
progress. He concurred with the comaents made by Mr. Hiller and Mr. Harms
regarding the economy and the need for Jobs.
CouncilmanSeymour stated that the development of a natural park site
would be of prime importance to the citizenry. With the use of C.E.T.A. Funded
employees and participation by the developers it appears development of this
park could becomea very immediate reality. He asked Mr. Presley if he WOuld be
willing to accept an additional condition that prior to approval of the final'
tract map a plan for this proposed park be resolved and the Council informed as
to the degree of participation by his company.
Additionally Councilman Seymour inquired whether there is any willing-
ness on Mr. Presley's part to attempt to maintain the eucalyptus trees located
within 15 feet of the easement line to the south of subject property. He sug-
gested that a condition be imposed requiring Hr. Presley. to seek approval of the
Planning Division prior to removal of any of these trees.
Mr. Presley stipulated to both of the above m~ntioned additional
conditions.
Mayor Thom requested that the City Engineer respond to Mrs. Morris'
remarks regarding the location of public storm drains on private property. It
was ascertained that in most instances the City attempts to place stor~ drains
in public streets, however if located on private property they would be located
in an easement. Landscaping of these easements by private property owners is
permitted, but construction of fences and the like is not.
Hr. Maddox reported that, to his knowledge, the incident referred to
by Mrs. Morris was the only problem with this storm drain situation that has
occurred in the past 15 years. It was further noted that permitting landscaping
by private property owners of these easements constitutes quite a maintenance
savings for the City.
Mrs. Morris contended that this practice denotes poor planning and
will cause a great many problems in-the hillside areas in the future.
Councilmen Seymour noted that when home construction costs are rising
at a rate unprecedented, if the City and homeowner can cooperate by placing a
storm drain in an easement and thereby save ~oney, even though it would perhaps
be cleaner and better to meintain public easements, it is not as practical. He
suUested that Mrs. Mmrris bring the matter up for further discussion at one of
the Canyon A~ea General Planning Task Force meetings.
E~IROh~/~AL LMPACT REPORT NO. 135 - CERTIFICATIOn: In answer to Council ques-
tions Hr. Roberts reported that a Cut-and-Fill Nmp was submitted by the Petitioner
and recommended by the City Planning Commission to be incorporated as a part of
E.I.R. No. 135.
On. motion by Councilman Seymour, seconded by Councilm~n Pebley, E.I.R.
No. 13$'together with Cut-and-Fill Hap having been reviewed by the City Staff
and recorded by the City Planning Commission to be in compliance with City
and State Cuidelines and the State'of California Environ~ntal Quality Act, the
City Council acting upon such information and belief does hereby certify that
E.I.R. No. 135 is in cOmp. liance with the California Environmental Quality Act
and City and State Guidelines, and incorporating said Cut-and-Fill Map as a
portion of this document. MOTION CARRIED.
74-1194
City Hall~ Anaheim~ California - COUNCIL MINUTES - December l0T 1974~ 1:30 P.M.
RESOLUTION NO. 74R-601: Councilman Pebley offered Resolution No. 74R-601 for
adoption, granting Variance No. 2644, subject to the following Interdepartmental
conditions, amending Condition No. 1 to include Tentative Map, Tract No. 8783:
1. That this variance is granted subject to the completion of Reclass-
ification No. 67-68-7 and Tentative Map, Tract No. 8783.
2. That subject property shall be developed substantially in accordance
with plans and specifications on file withthe City of Anaheim marked Exhibit
No. 1.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM'GRANTING VARIANCE NO.
2644.
Prior to voting on the foregoing resolution, Councilwoman Kaywood com-
mented that it appears this Developer has met all of the existing standards.
Since the City Planning Commission and Council are currently working towards
changing these standards, it is difficult for her to vote in favor of the project,
but she does not wish to penalize Mr. Presley for standards not existing at this
time. She urged that the City Planning Commission and Council work with all
haste toward the establishment of the desired standards.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The Mayor declared Resolution No. 74R-601 duly passed and adopted.
TENTATIVg MAP~ TRACT NO. 8783 (VARIANCE NO. 2644~ ENVIRONMENTAL IMPACT REPORT NO.
135): Developer, Presley of Southern California; property located southeast of
the intersection of Santa Ana Canyon Road and Royal Oak Road; containing 140
proposed R-H-10,O00 zoned lots.
The City Planning Commission at their meeting held October 30, 1974,
denied said tentative tract.
On motion by Councilman Seymour, seconded by Councilmam Pebley, the
Tentative Map, Tract No. 8783 was approved, subject to the following conditions
recommended by the Interdepartmental Committee, with additional conditions as
discussed during the public hearing and stipulated to by the Petitioner:
1. That the approval of Tentative Map of Tract No. 8783 is granted
subject to the approval of Variance No. 2644.
2. That should this subdivision be developed as more than one subdivi-
sion, each subdivision thereof shall be submitted in tentative form for approval.
3. That a 6-foot high, decorative, openwork wall shall be constructed
at the top of the slope adjacent to Santa Aha Canyon Road on Lot Nos. 126, 127,
128, 129 and 130, and at the top of slope adjacent to Royal Oak Road on Lot Nos.
1, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100 and 101. Plans for said wall shall
be submitted to the Planning Commission and City Council for approval prior to
approval of the final tract map. Reasonable landscaping, including irrigation
facilities, shall be installed within the slope areas of each lot adjacent to
the roadway and in the uncemented portion of the arterial highway parkway the
full distance of said wall. Plans for said landscaping shall be submitted to
and subject to the approval of the Superintendent of Parkway Maintemance.
Following installation and acceptance, the property owner(s) shall assume responsi-
bility for maintemance of said landscaping to the lot lines, and the City of
Anaheim shall assume the responsibility for maintenance of the landscaping in
the Santa Aua Canyon Road and Royal Oak Road P~k~ays.
4. That all lots within this tract shall be served by underground
utilities.
5. That vehicular access rights, except at street and/or alley open-
ings, to Royal Omk Road and Santa Ana Canyon Road shall be dedicated to the City
of Anaheim.
74-1195
City Hall~ Anaheim~ California - COUNCIL MINUTES - December 10~ 1974~ 1:30 P.M.
6. That a final tract map of subject property shall be submitted to
and approved by the City Council and then be recorded in the office of the'
Orange County Recorder.
7. That street names shall be approved by the City of Anaheim prior
to approval of a final tract map.
8. That the owner(~) of subject property shall pay to the City of
Anaheim the appropriate park and recreation in-lieu fees as determined to be
appropriate by the City Council, said fees to be paid at the time the building
permit is issued.
9. That drainage of said property shall be disposed of in a manner
satisfactory to the City Engineer. If, in the preparation of the site, sufficient
grading is required to necessitate a grading permit, no work on grading will be
permitted between October 15th and April 15th unless all required off-site drain-
age facilities have been installed and are operative. Positive assurance shall
be provided the City that such drainage facilities will be completed prior to
October 15th. Necessary right-of-way for off-site drainage facilities shall be
dedicated to the City, or the City Council shall have initiated condemnation
proceedings therefor. (the costs of which shall be borne by the developer) prior
to the commencement of grading operations. The required drainage facilities
shall be of a size and type sufficient to carry runoff waters originating from
hi~her properties through said property to ultimate disposal as approved 'by the
City Engineer. Said drainage facilities shall be the first item of construct'ion
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. The ultimate point of disposal for the "G"
Street storm drain is the existing facility in Royal Oak Road. The ultimate
point of disposal of the Spring Hill Drive storm drain is the south end of the
existing facility under the Santa Ana Canyon Road on the west side of Royal Oak
Road.
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 Ann River by
storm water originating from or flowing though this project.
11. That prior to City Council approval of the final tract map, the
owner(s) of subject property shall submit plans for City Council review and
approval showing the steps taken by the developer to reduce the noise level gen-
erated by expressway traffic to 65 db(A) in the rear yards of the lots adjacent
to the expressway and to 45 db(A) inside the homes (with windows and doors
closed) on these lots. These plans shall be certified by a recognized acoustical
expert, stipulatingthat the proposed sound-attenuation measures will achieve
the levels stated above.
12. That reasonable landscaping, including irrigation facilities,
shall be installed in the unpaved portion of the south side and median strip of
the Santa Ana Canyon Road right-of-way in accordance with the requirements of
the Superintendent of Parkway Maintenance. Following installation and acceptance,
the City of Anaheim shall assume the responsibility for maintenance of said.
landscaping.
13. That fire hydrants shall be installed and charged as required and
determined to be necessary by the Chief of the Fire Department prior to commence-
ment of structural framing.
14. That 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,
conditions and restrictions shall be recorded concurrently with the final tract
map.
15. That prior to filing the final tract map, the applicant shall
sub~t to the City Attorney for approval or denial a complete synopsis of the.
proposed functioning of the operating corporation including, but not limited to,
the articles'of incorporation, bylaws, proposed methods of management, bonding
to insure maintenance of common property and buildings and such other information
as the City.Attorney may desire to protect theCity, its citizens, and the pur-
chasers, of the project.
16. That a fire break be constructed along the easterly boundary of
Tract No. 8783, subject to.approval of the Fire Chief.
17. That a detailed landscaped plan for all slopes within the proposed
subdivision shall be submitted to and approved by the City Council.
74-1196
City Hall, Anaheim~ California - COUNCIL MINUTES - December 10~ 1974~ 1:30 P.M.
· 18. That prior to approval of the final tract map, the petitioner shall
make some provision, acceptable to the City Council, for the landscaping and main-
tenance of the slopes within and/or created by the development of this property.
19.~ That prior to approval of the final tract map, the petitioner shall
submit final floor plans and elevations to the City Council for approval.
20. Prior to approval of the final tract map, plans for the development
of the special recreation facility to be developed on property east of subject
property shall be submitted to and approved by the City Council; said plans shall
include a commitment by the property owner and/or developer, satisfactory to the
City Council concerning degree of participation in the development of this special
recreation facility.
21. That the developer shallmake every effort to retain as many euca-
lyptus trees as possible within 15 feet of the south boundary of the property, but
if removal is necessary, replacement trees shall be planted in conformance with
the requirement applicable to the Scenic Corridor.
MOTION CARRIED.
RECESS: Councilman Seymour moved for a ten-minute recess. Councilman Thom seconded
the motion. MOTION CARRIED. (4:00 P.M.)
AFTER RECESS: Mayor Thom called the meeting to order, all Council Members being pre-
sent. (4:10 P.M.)
PUBLIC F~ARIN~ - CONDITIONAL USE PERMIT NO. 1499: Application by Amherst Consolidated
Enterprises for the following Code waivers to permit the continued use and expan-
sion of a private school on (unincorporated) County of Orange R-1 District prop-
erty located on the north side of Orange Avenue, west of Brookhurst Street, was
submitted together with application for Exemption Declaration. Status from the
requirement to prepare an environmental impact report:
a. Minimum side yard setback. (Withdrawn)
b. Permitted uses in required setback. (Withdrawn)
c. Maximum building height.
The City Planning Commission, pursuant to Resolution No. PC74-213,
reported that the Director of Development Services .has determined that the proposed
activity falls within the definition of Section 3.01, Class 1 of the City of
Anaheim Guidelines to the requirement for an environmental impact report and is,
therefore, categorically exempt from the requirement to file said E.I.R. and fur-
ther gramted Conditional Use Permit No. 1499 in part only, waivers "a" and "b"
having been withdrawn by the Applicant, subject to the following conditions:
1. That street lighting facilities along Orange 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¢ per front foot along Orange Avenue for tree planting pur-
poses.
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 tocommence-
ment of structural framing.
5. That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
6. That the existing structure shall be brought up to the minimum
stamdard8 of the City of Anaheim, including the Uniform Building, Plumbing,
Electrical, Mousing, Mechanical and Fire Codes as adopted by the City of Anaheim.
7. That approval of this conditional use permit is granted subject to
the completion of annexation of subject property to the City of Amaheim.
8. That subject property shall be developed substantially in accor-
dance with plans and specifications on file with the City of Anaheim marked
Exhibit Nos. 1 and 2.
74-1197
F
City Hall, Anaheim~ California - COUNCIL MINUTES - December 10, 1974, 1:30 P.M.
9. That Condition Nos. 1, 2, 6 and 7, above-mentioned, shall be com-
plied with prior to the time that the building pe~it is issued, or within"a
period of one year from the date of annexation, whichever occurs first, or such
further time as the Planning Commission may grant.
10. That Condition Nos. 3, 5 and 8, above-~enti0ned, shall be complied
with prior to final building and zoning inspections.
Review of action taken by the City Planning Comaission was requested
by Councilwoman Kaywood at the November 19, 1974 City Council meeting and public
hearing scheduled this date.
The City Clerk advised that communication dated.December 19, 1974, was
received from Mr. Richard G. Dixon, 9471 Thistle Road, on behalf of residents
surrounding the Amherst-Oakmont School, in protest to Conditional Use Permit No.
1499.
Zoning Supervisor Roberts briefly described the location of subject
property which is comprised of a total 4½ acres. Subject property is located
within the area proposed for annexation to the City of Anaheim (Greenwich No. 2
Annexation). He reported that to the west of this property is the Disney
Elementary School and there are existing single-family residential homes at both
the north and east boundaries. To the south, across Orange Avenue, there is an
existing R-1 subdivision.
Mr. Roberts stated that this petition is intended to establish the
Amherst-Oakmont School as a conforming use in the City of Anaheim upon comple-
tion of the annexation proceedings. In conjunction with this the Applicant is
asking for permission to expand the facility and in that regard, three waivers
of site development standards were requested, two of which were withdrawn at the
Planning Commission hearing. The one remaining waiver pertains to building
height and applies to those buildings proposed on the west side of the property
adjacent to the Disney School.
The educational program at the School extends from kindergarten through
grade 12. The proposed expansion would add four classrooms, a~ounttng to 8,500
additional square feet, to the facility. 'The plans indicate a total of 25
parking spaces, 10 being located on the circular drivewaywhich provides ingress
and egress from Orange Avenue. The remainder of the physical property and
fencing were briefly described by Mr. Roberts. He reported that the City Plan-
ning Commission reviewed the request and granted the one remaining waiver of
maximumbuilding height.
In reply to Councilwoman Kaywood, Mr. Roberts indicated that the
School presently has 60 students, whereas 110 are anticipated next year, and the
ultimate enrollment, under the proposed expansion plans, would be 200 to 250
students.
The Mayor asked if the Applicant or his Agent w~re present and wished
to address the Council.
Hr. Hans Gown, Real Estate Counsellor, representing Amherst Consoli-
dated Enterprises, submitted a letter from Mr. Robert Peterson, Superintendent,
Dep~rtment of Education, County of Orange, attesting to the worthwhile purpose
which the Amherst-Oakmont School serves and also submitted a statement signed by
seven residents of Greenwich Street indicating that they are not bothered by the
children at the School and do not find that this facility causes any traffic
problems.
Councilman Seymour indicated that his primary concern regarding this
application would be the parking to be provided. He noted from the staff report
that 25 spaces are proposed and inquired if a large percentage of the increased
enrollment is expected to take place in the upper grades in which the students
might be driving vehicles, and if so, would 25 parking spaces as proposed accommo-
date these students.
Mr. Cowa responded that some Srowth is expected to take place in the
upper grades. He reported that they currently have 12 high school students and
anticipate in 5 years that this number may triple, whereas the re~ainder of the
growth is expected in tho'se grades with students of non'driving age.
74-1198
City Hall~ Anaheim~ California - COUNCIL MINUTES - December 10~ 1974~ 1:30 P.M.
Mr. Gowa advised that the number of parking spaces was discussed with
the Development Services staff and the figure of 25 was described as adequate
according to the Anaheim Municipal Code. He stated that they would be willing
to comply and to provide additional parking if the Council wishes. Mr. Gowa
called attention to the fact that three of the classrooms are only proposed and
a construction schedule for same is unknown at the present time. They will be
built when the school's enrollment indicates the need.
In answer to Councilman Seymour, Mr. Roberts clarified that the Anaheim
Municipal Code does not specify any number of parking spaces for a private
educational institution.
Councilman Seymour stated that recognizing the willingness on the part
of the applicant to provide adequate parking, it would seem an agreement might
be reached which would take into consideration the schools situation and still
provide assurance that no parking problems would be created in the immediately
adjacent residential area.
Mr. Roberts suggested that it might be appropriate if Council approves
subject conditional use permit that it be scheduled for review on an annual
basis to determine whether the parking provided is adequate.
During discussion it was suggested by Mr. Gowa that one additional
parking space for every two students enrolled of driving age be required and
this ratio was considered reasonable by the Zoning Supervisor and acceptable to
Councilman Seymour.
Councilwoman Kaywood questioned how the applicant proposes that 10 of
the 25 parking spaces'be provided on the circular driveway, noting that she has
been to the school on occasion and is famiIlarwith the drive which, would appear
to accommodate only four spaces.
Mr. Fred Packard, President of Amherst-Oakmont School responded that
the parking spaces referred to by Councilwoman Kaywood were on a revised plan
for the circulation drive; that they plan to eliminate some of the curves in
this area and add 10 spaces.
The Mayor asked if anyone wished to address the Council either in
favor or opposition to Conditional Use Permit No. 1499; there being no response,
he declared the hearing closed.
Councilwoman Kaywood explained that she requested this review because
of several phone calls received from people in the immediate vicinity who were
concerned over the lack of control with older students on the campus and conse-
quently they were distressed over the proposed increase in enrollment.
Mrs. Jean Putnam, Director of the Amherst-Oakmont School related that
they have a strict closed campus policy. She stated that the children at the
school are always under supervision. They have small classes which enable them
to teach children who are slow, average and gifted students with success. She
indicated that she was unaware of any problems with the. neighbors; that there
are currently only four students driving. She described the school facilities
which include a cafeteria and recreational equipment and advised that there is
no reason for a child to be off campus.
Councilwoman Kaywood inquired whether Mrs. Putnam had seen the letter
describing the various complaints from the neighborhood residents regarding the
school and in particular was she stating that the charge on file with the County
Sheriff's Office was not true.
Mrs. Putnam replied that when she spoke to the neighbors regarding
these co~laints she learned that many of them had been misinformed and further
she stated that the child involved in the incident with the Orange County
Sheriff's Deparment was expelled from their school. ·
74-1199
City Hal!t Anaheimt California - COUNCIL MINUTES - ~ecember lOt .1.974, 1:30 P.M.
CATEGORICAL EXEMPTION ENVIRONMENTAL IMPACT REPORT: On motion by Councilman
Seymour, seconded by Councilman Thom, the City Council ratified the determina-
tion of the Director of Development Services that the proposed activity falls
within the definition of Section 3.01, Class 1, of the City of Anaheim Guide-
lines to the requirements for an E.I.R. and is therefore categorically exempt
from the requirement to file an E.I.R. MOTION CARRIED.
RESOLUTION NO. 74R-602: Councilman Seymour offered Resolution No. 74R-602 for
adoption granting Conditional Use Permit No. 1499, in part only, subject to the
conditions recommended by the City Planning Commission with additional condition
requiring review of parking spaces on an annual basis as follows:
Condition No. 11: That an annual review shall be made of student enrollment and
number of staff personnel during the month of October to determine the adequacy
of on-site parking facilities at which annual review parking requirements shall
be based upon one parking space per staff employee, plus one parking space for
every two students 16 years of age or older. If the required number of on-site
parking spaces are not provided at any review, additional spaces shall be in-
stalled by the property owner.
Refer to Resolution Book'
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE
PEI~iIT NO. 1499 IN PART.
Roll Call Vote:
AYES: COUNCIL MFRIBERS: Kaywood, Seymour, Pebley, Sneegas and Thom
NOES: 'COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Hayor declared Resolution No. 74R-602 duly passed and adopted.
PUBLIC HEARING - ANAHEIM HUNICIPAL CODE: To consider the adoption by reference of a
co~prehensive ordinance code to be known and designated as the Anaheim Hunicipal
Code.
Hayor Thom asked if anyone wished to address the Council either in
favor of or in opposition; there being no response, he declared the hearing
closed.
Councilman Pebley offered Ordinance No. 3373 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM ADOPTING BY REFERENCE A COMPREHENSIVE ORDI-
NANCE CODE TO BE KNOk/~AND DESIGNATED AS THE "ANAIIEIMMUNICIPAL CODE", AND REPEAL-
ING ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH SAID CODE.
'ROll Call Vote:
AYES:
NOES:
ABSEh"r:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour, Pebley, Sneegas and Thom
None
None
The Hayor declared Ordinance No. 3373 duly passed and adopted.
ANEND~ TO COUNCIL POLICY NUNBER 005: The City Manager'reported that actual out-
of-pocket expenses for printing and publication of the AnaheilNunicipal Code.
amount to $86 for the two volu~es, whereas, Council Policy No. 005 establishes
the purchase price of these at $40 per volmae. It is further recommended that
so~e charge be established for the supplements to the Anaheim Municipal Code,
whichwere heretofore not ~entioned in this policy. As close at it can be
estimated the cost for Printing the supplements would be $12.50. It is recom-
mended that the charge be established at $15 to include mailing cost.
On ~otion by Councilman Pebley, seconded by Councilman Seymour,' the
City Council authorized a~endment to Council Policy No. 005 to establish purchase
price for the Anaheim Municipal Code, two volumes at $90 and for supplements at
$15 each. MOTION CARRIED.
74-1200
City Hall~ Anaheim~ California - COUNCIL MINUTES - December 10~ 1974~ 1:30 P.M.
DINNER-DANCIN~ PLACE PERMIT: Application filed by Mr. Robert L. O'Dwyer for Dinner-
Dancing Place Permit to allow dinner dancing seven days a week, 8:30 p.m. until'
2:00 a.m. at the Beach Ball Inn, 1215 South Beach Boulevard, was submitted and
granted, subject to provisions of Chapters 3.28 and 4.16 of the~Anaheim Municipal
Code as recommended by the Chief of Police, on motion by Councilman Pebley,
seconded by Councilman Thom. MOTION CARRIED.
TRACT NO. 7568 - WAIVER OF SECTION 17.06.120(d.): Request of Fredric Armstrong, Vice
President, Grant Company of California for waiver of Section 17.06.120(d) of the
Anaheim Municipal Code as it relates to Tract No. 7568 was submitted for Council
consideration.
On motion by Councilman Pebley, seconded by CoUncilman Sneegas, the
City Council authorized waiver of provisions of Section 17.06.120(d), permitting
the property line between Lot Nos. 47 and 48 of subject tract to be located in
the slope area, subject to approval by the property owners of said lots.as
recommended by the City Engineer. MOTION CARRIED.
PROPOSAL - AFTER SCHOOL HOURS~ LIBRARY PROJECT: The City Clerk advised that Reuben P.
Hughes, Chairman of the Library Board has requested this item be removed from
the Agenda and the matter taken up at a joint meeting of the City Council and
Library Board to be held some time after January 1, 1975.
The Council consented to removal of said item and requested that the
City Clerk contact the Library Board for possible dates to schedule this meeting.
SECOND MONTHLY REPORT - ARTHUR YOUNG & COMPANY FINANCIAL AND MANAGEMENT PRACTICES
AUDITS: Mr. Jim LeSieur, Project Manager, presented the second monthly report on the
Financial and Management Practices Audit being conducted by Arthur Young &
Company. He submitted three documents to Council this date: A letter
rizing the status of the overall study; detailed engagement plan for the Utilities
Departmemt; and report on the results of the review of Audit Division.
CURRENT STATUS OF THE FINANCIAL AND MANAGEMENT PRACTICES AUDIT: Mr. LeSieur
briefly described the status of the overall audit and advised that the City
overview is now complete; the audit planning relating to the Financial Audit is
in the stage of draft preparation of the report; the overview of the Utilities
Department has been completed and the engagement plan outlining the scope of the
work to be performed is submitted this date to Council for approval.
AUDIT REPORTS IN PROGRESS: Mr. LeSieur reported that the review of Management
Practices in the City's internal Audit and License Divisions is complete. The
Arthur Young & Company recommendations regarding Audit Division are presented
this date. The License Division review, having been completed, is in the stage
of evaluation of findings and recommendations with the City personnel prior to
presentimg same to the Audit Committee and City Council. A portion of their
activity has also been directed towards review of the policies, procedures,
organization and operations of Purchasing and Stores Division and they anticipate
the project will be complete by the end of December.
Mr. LeSieur advised that study of the City's telephone communications
system has been initiated in an effort to identify means to reduce overall commu-
nications expense. A preliminary work plan for review of the Personnel and Data
Processing Departments has been presented to the Audit Committee and is in the
process of being finalized.
Mr. LeSieur advised that engagement plans for Utilities Department,
Com~aznications, and Purchasing, Stores and Duplicating Division of Finance are
presented this date for Council approval.
AUDIT REPORT AND RECOMMENDATION - INTERNAL AUDIT DIVISION: Mr. LeSieur defined
the objective of this audit was to determine whether or not the City was receiv-
ing the optimum benefit from the audit activities of this Division.
Mr. LeSieur stated that the final report on this Division, containing'
their findings and recommendations, has been reviewed with the Audit Supervisor
and Assistant City Manager and their comments and recommendations have been
incorporated as well. The Audit Supervisor concurs with the findings and recom-
mendations, with the exception'of reduction of the size of the work force within
the Division.
74-1201
City Hall~ A~abeim~ California - COUNCIL MINUTES - December 10m ~1974~ 1:30 P.M.
Mr. LeSieur described the scope of the work performed by Arthur Young &
Company and techniques used in the review process.
The conclusions reached were as follows:
1. There is insufficient communication between the Audit Supervisor
and City Management.
2. There is no established formal procedure for requesting an audit
fro~ other departments within the City.
3. Some of the audit reports are difficult to understand; concentrat-
ing on details rather than clearly presenting the conclusions and recommendations
for resolution of the problem.
4. Level of service, based on review of audits and work papers inci-
dental thereto, indicates that with current staff level, a substantially greater
number of audits could have been performed.
5. There was inadequate evidence of necessary supervisory tools being
used.
P~O.~DATIONS: Hr. LeSieur reported that in analyzing their findings several
alternatives were considered, one being to eliminate the internal audit function
completely. However it is their belief that this Division can be of value to
the City as evidenced by the audit of the Szabo Food Service contract which
disclosed additional sums of money owed to the City. Contracting for these ser-
vices outside of the City was also considered, however their conclusion is that
the Audit Division could provide these services to the City at a lower cost.
The Arthur Young & Company recommendations to improve the effectiveness
of the Audit Division and at the same time reduce the annual budget by approxi-
mately $45,600 are as follows:
1. The objectives of the Audit Division be clearly defined and for-
mally stated.
2. Position descriptions be updated based upon the development of the
Division's objectives.
3. The Division's personnel be evaluated in light of updated position
descriptions to determine whether or not they can meet the Division's objectives.
4. The number of positions in the Division be reduced to two auditors
(a working supervisor and an auditor) with clerical support from the City
Manager's Office.
5. The supervision of the Division and its personnel be increased to
an acceptable level, including: annual audit scheduling, individual audit
budgets and time control reporting, staff training, w~itten programs of audit
procedures for each audit, documented audit workpaper review and periodic person-
nel performance evaluations of all employees.
6. The City Manager's Office be the central point for audit requests
as well as for notifying the Audit Division of modifications of existing con-
tracts and the execution of new contracts.
7. The car assigned to the Audit Division be eliminated and thatpool
cars be used when required.
The Arthur Young & Company report further recommended that the follow-
lng annual audits and procedures.be performed by the two-man division: Conven-
tion Center box office and parking, Szabo Food Concession, Royal Inn and Jolly
Roser land leases, Stadium parking, Angel and Sun tickets, Canteen Food and
Beverage Concession, Anaheim Hills Pro Shop and food/beverage concession,
Municipal Golf Course Pro Shop and fdod/beverage concession, motel/hotel bed tax
receipts on a random basis, comparison of gross receipts reported on licenses
and motel/hotel tax returns with gross receipts reported to the California
Franchise Tax Board, comparison of business license records to State Board of.
Equalization. info~aation to determine that all sales tax revenues are received.
Hr. Murdoch pointed out at the conclusion of the report, that the
Manager's Office is almost completely in accord.with the recomaendations of
Arthur Young & Company with respect to the Audit Division. He,'indicated ~hat
there mey be a legal quastion'as to the City's ability to perfo~ the recommended
co~artsion of gross receipts reported on licenses and motel/hotel tax returns
with Sross receipts reported to the California Franchise Tax Board, and this
would have to be verified.
74-1202
City Hall~ Anaheim~ California - COUNCIL MINUTES - December 10~ 1974~ 1:30 P.M.
Mr. Murdoch noted that they do have one reservation regarding the
City's ability to adequately continue the audit function at the recommended
levels with two auditors. He advised that formally stated, clearly defined
objectives for the Audit Division are currently in preparation, which will be
reviewed with Arthur Young & Company. The remaining two job position descriptions
will be updated and recruitment will begin immediately for a lead auditor to
serve as working supervisor of the two-man team, since the present supervisor is
considering retirement in January, at age 62. He reported that the recommended
reduction in personnel will require a layoff of two people, a Junior auditor and
intermediate typist clerk. The third position budgeted has never been filled.
The clerical support suggested to be provided by the Manager's Office will most
likely be through the Budget and Research Section, but some telephone adaptation
will be necessary to handle incoming calls while the auditors are in the field.
Mr. Murdoch indicated that the supervisory techniques recommended will
be developed with the new supervisor and with the assistance of Arthur .Young&
Company.
Mr. Murdoch described the present Personnel Rules and Regulations with
regard to the positions being removed. He advised that these provide that the
individuals be evaluated and considered for similar Jobs in the same department
and division. The factors of seniority and an evaluation of characteristics of
performance are required to be taken into consideration. The rules presently
also call for the City to employ its best efforts towards'maintaining any person
on lay-off if there is a job available in their past classification or similar
classification.
Councilman Seymour pointed out the concrete evidence of savings in the
amount of $45,600 generated so far by only a very small portion of the Financial
and Management Practices Audits conducted by Arthur Young & Company. At the
same time, if the recommendations are implemented, the level of service would be
increased providing City Management better tools with which to work. He stated
that this is the type of activity he was seeking at the outset of the audit pro-
cedures. He commended the City Manager and his staff for their immediate action
to implement the recommendations of the report. He remarked that the final
results will mean savings to the taxpayers as well as improve service.
Mayor Thom requested that a copy of the audit report be given to
Mr. Joe White, who is the designated liaison member from the Anaheim Chamber of
Commerce, City-County Government Committee. He concurred with comments made bY
Councilman Seymour, noting that the review of two small City functions has
proved meaningful in hard dollar savings. He commended staff and Arthur Young &
Company on an excellent report.
Mayor Thom moved to.accept the Arthur Young & Company report and
recommendations on the City's internal Audit Division. Councilman Seymour
seconded the motion. MOTION CARRIED.
Mayor Thom moved that the engagement plans presented by Arthur Young &
Company for forthcoming review of the Utilities Department, communications and
Purchasing and Stores Division of the Finance Department be approved. Councilman
Seymour seconded by the motion. MOTION CARRIED.
FINAL.MAp~ TRACT NO. 7417 (ENVIRONMENTAL IMPACT REPORT NO. 119; RECLASSIFICATION NO.
70-71-257: Developer, Pacesetter Homes, Inc.; property located on the north side of
La Palma Avenue, east of Fairmont Boulevard; containing 90 RS-5000 zoned lots.
Report from the City Engineer indicates that said final map conforms
substantially with the tentative map previously approved, that bond has been
forwarded to the City Attorney for approval and required fees paid. He recommends
approval of Final Map, Tract No. 7417, subject to receipt of a favorable flood
hazard letter from the Orange County Flood Control District.
Also submitted was report from Development Services Department recomr
me~ing that the noise barrier in home construction features described in the
noise impact analysis submitted as supplementary information to E.I.R. No. 119
be included as a condition for approval of the final tract map.
74-1203
City Hall~ Anaheim~ California - COUNCIL MINUTES - December 10~ !974~ 1:30 P.M.
The City Clerk advised that a letter from the Orange County Flood Con-
trol District has been received and that it is reported by subdivisions 'that it
satisfies Condition No. 10 of Tentative Map, Tract No. 7417.
In reply to Councilwoman Kaywood's qUestion regarding the number of
six to ten foot setbacks inclu~led in Tract No. 7417, Hr. Terry Crowther of
Pacesetter Homes advised that this tract has not yet been plotted and improve-
ment is not anticipated until the latter part of 1975, at Which time the tract
will have as few six to ten foot setbacks as possible.
On reconanendation of the City Engineer, Councilmen Pebley moved that
final map Tract No. 7417 be approved, subject to approval of required bond bythe
City Attorney and further subject to the noise barrier and home construction
features described in the noise impact analysis report for Tract No. 7417, sub-
mitted supplementary to E.I.R. No. 119. Councilman Sneegas seconded the motion.
MOTION CARRIED.
AUTHORIZATION GRADING PERMIT NO. 389 {MORGAN PROPERTY~ SOUTH SI-DE OF PERALTA HILLS
DRIVE:. Request of Mr. Walter J. Hoiseve, Walter J. Hoiseve & Associates, 6164 West
Broadway, Anaheim, 92802, on behalf of Dr. Howard Morgan, property owner, that
Grading Permit No. 389 concerning property located on the south side of Peralta
Hills Drive be authorized so that he might probeed with necessary correctional
grading work as soon as possible.
Report from the City Engineer recommends that Grading Permit No. 389
be authorized on the basis of an approved grading planprior to approval of a
negative declaration status from E.I.R. requirement.
In reply to Councilman Seymour, Mr. Watts advised Council that subject
grading permit will not be issued until the approved grading plan is submitted,
and in fact, the City Engineer advises that this has already been accomplished.
Mr. Ron Thompson reported for Council information, that this situation
has been reported to the Peralta Hills Homeowners Association and will be dis-
cussed with their general membership to preclude further occurrences of this
nature in the future.
On motion by Councilmen Sneegas, seconded by Councilmsn Pebley, the
City Council authorized the issuance of Grading Permit No. 389, on the basis of
an approved grading plan prior to the approval of an environmental impact'report
negative declaration as reco..~-.ended by the City Engineer. ~K)TION CARRIED.
ENVIRONMENTAL IMPACT - NEGATIVE DBCLARATION'INDUSTRIAL SITE~ NORTHEAST CORNER OF
LA PALM&AND FEE ANA STREET: Application for an E.I.R. Negative Declaration for
grading permit for industrial site at the northeast corner of La Palms Avenue
and Fee Ann Street, was submitted, together with recommendations from the City
Planning Commission that subject project be exempt from the requirement to
prepare an E.I.'R. It was noted that normally this project w~uld be categorically
exempt fromthe requirement to prepare an E.I.R. except for the fact that the
property is located within the Scenic Corridor.
Hr. Ron Thompson reported that the Development Services Department and
the Redevelopment Department are working together 'to compile a master E.I.R. for
all properties located in the Northeast Industrial Area within the Scenic Corridor
to preclude the necessity of Council acting on each parcel individually in the
future.
On motion by Councilman Seymour, seconded by Councilmen Pebley, the
Clty Count11 finds that this project will have no significant effect on the
environment and is exempt from the requirement to prepare an E.I.R'. MOTION
CARRIED.
RESOLUtiON NO. 74R-603 AWARD OF WORKORDERNO..730. A: In accordance with reco~n-
datloaf of the City Engineer, Counctlm~n Seymour offered Resolution No. 7~R-603
for adoption.
74-1204
City Hall, Anaheim~ California - COUNCIL MINUTES - December l0T 1974~. 1:30 P.M.
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 FURNISH-
ING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND
TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY
TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENTS: THE SANTA ANA
STREET STREET IMPROVEMENT, EAST STREET TO STATE COLLEGE BOULEVARD, IN THE CITY
OF ANAHEIM, WORK ORDER NO. 730-A. (Sully-Miller Construction Company, $71,305.20)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour, Pebley, Sneegas and Thom
None
None
The Mayor declared Resolution No. 74R-603 duly passed and adoPted.
RESOLUTION NO. 74R-604 - DEEDS OF EASEMENT: Councilman Pebley offered Resolution No.
74R-604 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS
AND ORDERING THEIR RECORDATION. (American Nat'l Red Cross and Lera Mae Dwyer;
Robert L. Benner;.John Carrol Windsor; R.S. Joyt, Jr., Raymond Runo, George
Manavian, et al.; Comet, Inc.)
Roll Call Vote:
AYES:
. NOES:
ABSENT:
COUNCIL MF24BERS: Kaywood, Seymour, Pebley, Sneegas and Thom
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The Mayor declared Resolution No. 74R-604 duly passed and adopted.
CANCELLATION OF COUNTY TAXES: On motion by Councilwoman Kaywood, seconded by
Councilman Seymour, the Orange County Board of Supervisors was requested to
cancel County taxes on two parcels which comprise a portion of property acquired
by the City of Anaheim for municipal purposes, pursuant to Resolution No. 64R- ·
764, recorded November 19, 1964, as Document No. 16857, in Book 7309, on pages
776 through 781, official records of Orange County, California; said parcels
annexed to the City of Anaheim in June, 1973. (Anaheim Hills No. 8 Annexation)
MOTION CARRIED.
DISCUSSION - POTENTIAL TEN ACRE PARK SITE - VICINITY OF SANTA ANA CANYON ROAD AND
FAIRMONT BOUI~ARD: The City Manager reviewed a map at the Council table showing
various access points to Santa Ana Canyon Road as discussed in connectionwith
final Tract Map No. 7787, (Wittenburg Corporation) at the meeting of October 29,
1974. Subsequent to that meeting the City Engineering staff and developer have
been trying to work out a solution and the question has been posed as to whether
or not the City is still seriously considering as an option the ten acre site in
this vicinity currently developed as a Chicken Ranch, as a neighborhood park,
since that decision has a direct bearing on the resolution of the access problem.
Following brief discussion of alternative access points, the Council
indicated by general consent that if it could be worked out monetarily they
would be agreeable to the designation of this acreage as a potential park site,
especially if there is a possibility of sharing expenses and resolving the
access problem at the same time.
No further action was taken.
CLAIMS ADAINS! TBE 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:
,74-1205
City Hall, Anaheim~ California - ~OUNCIL MINUTES - December 10~ !974~ 1:30 P.M.
a. Claim submitted by Dennis Lee Lipper for damages for loss of
liberty, shame, physical and mental injury purportedly as a result of actions of
Police Officers of Anaheim, on or about October 18, 1974.
b. Claim submitted by Mater Riivald for damage .to vehicle purportedly
sustained as a result of being backed into by City vehicle at Elm Street and
Anaheim Boulevard, on or about 3ovember 8, 1974.
c. Claim submitted by Julio R. Ayala on behalf of Maria, a minor
daughter, for injuries sustained at Boysen Park purportedly as a result of
improper maintenance of park grounds at Boysen 'Park on or about November 11,
1974.
MOTION CARRIED.
CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Sneegas, seconded by Councilman Pebley:
a. Notice of Hearing before the Public Utilities Commission - Applica-
tion of Southern California Edison Company for an order of the Public Utilities
Commission of the State of California authorizing applicant to make effective a
special adjustment to billings for electric service to offset costs associated
with increased fuel oil inventories.
b. Notice of filing of application before the Public Utilities Commis-
sion -Application of Southern California Gas Company for a general increase in
its gas rates.
c. Before the Public Utilities Commission- Application of The Gray
Line Tours Company, a corporation, for authority under Section 454 of the
Public Utilities Code to increase its fares.
d. Intergovernmental Coordinating Council of Orange County: Fountain Valley Resolution No. 7254
San Juan Capistrano Resolution No. 74-11-6~3
Santa Ana Resolution No. 74-164
e. Santa Aha River/Santiago Creek Greenbelt Commission - Progress
Report - November 2, 1974 - November 27, 1974.
f. Airport Land Use Commission for Orange County, Minutes, November 21,
1974.
Airport Land Use Commission for Orange County, Notice of Meeting,
December 5, 1974.
g. Community Redevelopment Commission - Minutes - November 20, 1974.
h. Financial end Operating Reports for the Month of October, 1974 for
the Electrical Division, Utilities Department.
MOTION CARRIED.
ORDINANCE NO. 3381: Councilman Seymour offered Ordinance No. 3381 for first reading.
A ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 3, CHAPTER 3.36, SECTION
3.36.010AND SECTION 3.36.020 OF THE ANAHEIM MDNICIPAL CODE. (License Fee -
Coin-operated merchandise and service machines)
R~UEST FOR R~ALIGNM~NT RIGHT-OF-WAY S~ _RAN. O AVENUE~ EXTENSION'OF TIME - CONDITIONAL
USE P~T NO. 1348 AND TENTATIV~ TRA6"~ 79151 R~VISION 1 (Reclassification No.
71-72-44}: Conditional Use Permit No. 1348 and Tentative. Tract Map No. 7915, Revision
1, were approved to permit construction of 220 unit planned residential develop-
ment on R-A zoned property, located on the'south side of Serrano Avenue, east of
Nohl Ranch Road.
The City Clerk advised these items were continued from the meeting of
December 3, 1974, so that the extension of time to the tentative tract might be
considered following decision on the proposed realignment of Serrano Avenue.
The City Clerk further reported that a letter dated December 10, 19.74,.
has been submitted to the City Engineer, from Willdan Associates requesting that
the item referring to the proposed realignment end widening of Serrano Avenue be
removed from the Council Agenda.
On motion by Councilman Pebley, seconded bY councilman seymour,, a one-
year extensi°n of time was granted to Tentative Map, Tract No. 7915, expiring
November 7, 1975; and no action was taken on the request for extension of time
to Conditional Use Permit No. 1348, thereby sustaining the action of the'City
Planning Commission which granted a one-year extension of time expiring
October 18, 1975..MOTION CARRIED.
74-1206
City Hall~ An~heim~ California - COUNCIL MINUTES - December 10~ 1974~ 1:30 P.M.
R~SOLUTION NO. 74R-605 - DECLARING RESULTS OF CANVASS-SPECIAL ELECTION~ NOVEMBER 5~
1974: Certificate of Registrar of Voters M. J. Mayer declaring the result of the
canvass of the General Election returns, November 5, 1974, of Anaheim Proposition
"H", was submitted, certifying that the number of votes cast for and against
said Proposition was: yes - 18,051; no - 31,755; total votes cast - 55,917.
Councilman Thom offered Resolution No. 74R-605 for adoption.
Refer to Resolution Book.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, DECLARING THE
RESULT OF THE CANVASS OF ELECTION RETURNS OF SPECIAL ELECTION HELD IN SAID CITY
ON NOVEMBER 5, 1974.
Roll Call Vote:
AYES:
NOgS:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MBMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour, Pebley, Sneegas and Thom
None
None
The Mayor declared Resolution No. 74R-605 duly passed and adopted.
RESOLUTION NO. 74R-606 -AMENDING RESOLUTION NO. 74R-547~ ENCROACHMENT PERMIT NO.
74=5E: Councilman Seymour offered Resolution No. 74R-606 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO.
74R-547 BY CHANGING THE NAME OF THE LICENSEE IN ENCROACHMENT PERMIT NO. 74-5E.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour, Pebley, Sneegas and Thom
None
None
The Mayor declared Resolution No. 74R-606 duly passed and adopted.
OSMOND BROTHE.~S IN CONCERT - ANAg~IM STADIUM - JANUARY 11~ 1975: Stadium-Convention
Center Director T. F. Liegler reported on the concert proposed to be held at the
Stadium on January 11, 1975 featuring the Osmond Brothers. He indicated that
this is planned to be a charitable event with the benefits derived therefrom to
go to the Garden Grove Boys' Club. The City of Anaheim will receive all parking
and concessions plus all out-of-pocket expenses from the gross receipts and a
fee which is low, in keeping with the charitable nature of the event, is to be
paid to the producers.
Mr. Liegler introduced Mr. Jerry Farrow, Past President of the
Garden Grove. Boys' Club who also stated that this is a fund raising activity to
produce ~onies to be used in their annual Boys' Club functions. He stated that
the Garden Grove Boys' Club has 2,200 members, 15% of whom live in Anaheim.
On motion by Councilmen Pebley, seconded by Councilman Seymour, the
City Council gave their general approval to the presentation of the Osmond
Brothers In Concert to be held at the Anaheim Stadium January 11, 1975, under
full terms of existing contractual policies, as outlined by Mr. Liegler. MOTION
CARRIED.
RESOLUTION NO. 74R-607 -AMENDING RESOLUTION NO. 74R-520 AND 74R-522 TO ESTABLISH NEW
JOB CLAS~.IFICATIONS AND RATES OF PAY (ASSISTANT REDEVELOPMENT DIRECTOR: REDEVELOPMENT
TECHNICIAN): Mr. Garry M~Rae, Personnel Director, reported on the recommended Job
classifications approved by the Redevelopment Agency this date, which require
Council authorization for implementation and to establish the salary schedules.
Mr; McRae stated that the Assistant Redevelopment Director would be
assigned to salary schedule Xl125 with compensation range'S1,605.07 - $1,950.00
and Redevelopment Technician assigned to salary schedule 598 with a compensation
range of $852.80 - $1,036.53.
Councilman Sneegas o~fered Resolution No. 74R-607 for adoption.
74-1207
City Hall~ Anaheim~ California - COUNCIL MINUTES - December 10~...1974~ 1:30 P.M.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AHENDING RESOLUTION NO.
74R-520 AND RESOLUTION NO. 74R-522, ESTABLISHING NEW JOB .CLA~SIFI~TI~S AND
RATES OF PAY.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL HEMMERS:
Kaywood, Seymour, Pebley, Sneegas and Thom
None
None
The Mayor declared Resolution No. 74R-607 duly passed and adopted.
Councilman Pebley left the meeting. (5:55 P.M.)
AUTHORIZATION - ACTUARIAL STUDIES WITH P.E.R.S.: Personnel Director Garry McRae
reported that at the 1974 Legislative Session several benefit changes in the
Public ~mployees Retirement System were approved, which are optional for the
City. Prior to adoption of any of these, it is necessary to have an actuarial
evaluation of the City's contract to determine what the additional costs, if any
might be. The newly approved benefits include military service credits, one-
year final compensation averaging; sick leave credits; and a 5% annual cost of
living adjustment if warranted.
Mr. McRae advised that it will be necessary to know what the costs of
these optional benefits would be next fall and therefore, he is requesting
Council authorization to enter into an agreement with P.E.R.S. to conduct actu-
arial studies at a cost not to exceed $325.
On motion by Councilman Seymour, seconded by Councilwomen Kaywood, the
City Council authorized the Personnel Director to enter into the agreement with
P.E.R.S. for Actuarial Studies as outlined and recomended. Councilman Pebley
absent. MOTION CARRIED.
PUBLIC DANCE PERMIT: Application filed by Mr. Lloyd L. Lowry on behalf of the
Garden Grove Ftremen's Benefit Show for permit to conduct public dance on Sunday,
December 15, 1974, from 10:00 p.m. to midnight at the Anaheim Convention Center,
800 West Katella Avenue, was submitted and granted, subject to provisions of
Chapter 4.16 of the AnaheimMunicipal Code, as recommended by the Chief of
Police, on motion by Councilman Seymour, seconded by Councilman Thom. Councilman
Pebley absent. MOTION CARRIED.
FIREWORKS DISPLAY PERMIT (U.S.C. TROJAN PARTY - DISh~fLAND}: Application filed by
Mr. R. Bob Souza, General Manager, California Fireworks Display Company for per-
mit to allow public fireworks display December 19, 1974, at approximately 8:30
p.m. at Disneyland Park in con]unction with the U.S.C. Trojan party, was sub-
mitred and granted as requested on motion by Councilman Seymour, seconded by
Councilman Thom. To this motion, Councilwoman KayWOod voted "no", expressing
her objection to the noise pollution created by fireworks displays. Councilman
Pebley absent. MOTION CARRIED.
Councilman Sneegas moved to adjourn.
MOTION CARRIED.
Councilman Seymour seconded the
Adjourned: 6:00 P.M.
St~med
City Clerlf