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1984/10/23City Hall~ Anaheim~ California - COUNCIL MINUTES - October 23, 1984~ 10:00 A.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Leonora N. Sohl ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti CITY ENGINEER: Gary E. Johnson ASSISTANT FIRE CHIEF: Ron Evans Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend David Beadles, West Anaheim United Methodist Church, gave the Invocation. FLAG SALUTE: Council Member Irv Pickler led the assembly in the Pledge of Allegiance to the Flag. 119: RESOLUTION OF COMMENDATION: A Resolution of Commendation was unanimously adopted by the City Council and presented to Vaughn Herrick, one of the City's Code Enforcement Officers commending him for his effort in assisting to save the life of Mary Helen Martin. A relative of Mrs. Martin went to a neighbors house to ask for assistance. The neighbor, Mr. Herrick, arrived and applied Cardio Pulmonary Resuscitation (CPR) until the paramedics arrived. Mayor Roth, on behalf of the Council and the City, highly commended Mr. Herrick as did Mrs. Martin who stated that had it not been for Mr. Herrick, she would not have been present today. 119: PLAQUE OF RECOGNITION: A Plaque of Recognition from the City was presented to Anaheim Police Officer Walt Jackson and Police Dog, Chico, upon being awarded a plaque at the Dog Olympics in Germany, a very prestigious world-wide competition. 119/150: PRESENTATION: Mr. Jim Brinton, President of the Anaheim Senior Citizens Club, presented a check to the City in the amount of ~,000 to pay for the installation of an electric door at the Anaheim Senior Citizens Center. The Mayor, on behalf of the Council and the City, thanked Mr. Brinton and the Anaheim Senior Citizens Club, approximately 6,000 strong, for their continuing generosity to the Anaheim community. 119: RESOLUTION OF CONGRATULATIONS: A unanimous Resolution of Congratulations to Cindy Cave, Intergovernmental Relations Manager, was ratified by the Council. The resolution was presented to Ms. Cave on October 22, 1984 upon her leaving the employ of the City and commending her on 1021 Cit~ Ha.il, Anaheim,..California - COUNCIL MINUTES - October 23, 1984, 10:00 A.M. her fine service to Anaheim for the past three years and also extending best wishes for continued success in her new position with the City of Santa Aha. 119: EMPLOYEE SERVICE AWARD: Employee Service Awards were presented to the following and each was congratulated by the Mayor and the Council commending their long and distinguished service: 30-YEARS OF SERVICE: Lieutenant Henry Bryant, Police Department; Earl Bouslog, Engineering Department (unable to be present); Gilbert Meierhenry, Treetrimmer Supervisor, Parks Division; John McGraw, Principal Engineering Aide, Street Design Section. 25-YEARS OF SERVICE: Oletha Meadows, Deputy City Treasurer; Catherine Langer, Library; Richard Gray, Captain, Police Department; George Damiano, Parks Division; Walter Hess, Warrent Officer, Police Department; Raymond Jara, Parks Division; Lawrence Hutcheson, Captain, Police Department; Eugene Fundum, Facility Maintenance; Theodore Morris, Police Department; (unable to be present) Gayle Herbel, Electrical General Supervisor. Before proceeding with the meeting, Mayor Roth acknowledged the group of children who were in the Chamber audience from St. Anthony Claret School of Anaheim. On behalf of the Council, he welcomed them to the meeting. MINUTES: Councilwoman Kaywood moved to defer approval of the minutes of the regular meetings held August 7, August 14 and August 21, 1984 for one week to give her an opportunity to read them. Councilman Pickler seconded the motion. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of all ordinances and resolutions of the Agenda, after reading of the title thereof by the City Clerk, and that consent to waiver 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 ordinances or resolutions in regular order. Councilman Roth seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of 33,005,425.99, in accordance with the 1984-85 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Roth, seconded by Councilman Overholt, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilman Overholt 1022 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 23~ 1984, 10:.00 A.M. offered Resolution Nos. 84R-417 through 84R-423, both inclusive, for adoption. Refer to Resolution Book. 1. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management. a. Claim submitted by Golden West Baseball Company for indemnity based on Superior Court Case No. 424518, Howard S. Lawrence, III, by and through his Guardian ad Litem, Sharon Lawrence, Plaintiff, vs. City of Anaheim, California Angels, Szabo Enterprises, Does 1 through 20, inclusive. b. Claim submitted by Tom C. Laney for personal property damages sustained purportedly due to power outage at 1935 Chanticleer, on or about September 4, 1984. c. Claim submitted by Suzanne Renfeldt for personal property damages sustained purportedly due to directions given by parking attendant at the Convention Center, on or about September 5, 1984. d. Claim submitted by Boydstun Realty for property damages sustained purportedly due to actions of City crew at 707 North Janss Street, on or about August 28, 1984. e. Claim submitted by Nancy L. Ozsvath for personal property loss sustained purportedly due to power outage at 5245 East Bergh Drive, on or about September 5 through 6, 1984. f. Claim submitted by Ryan M. Ream (Minor), Harry and Sandra Ream (Parents), for personal injury damages sustained purportedly due to negligence on the part of the City in the pool area at Canyon High School on Imperial Highway, on or about August 9, 1984. g. Claim submitted by Richard Pritchard for personal injury damages sustained purportedly due to actions of Anaheim Police Officers at 11712 West Street, Garden Grove, on or about August 7, 1984. h. Claim submitted by David A. (Alan) Power for personal property loss sustained purportedly due to actions of Anaheim Police 0£~icers at the Anaheim Jail, on or about September 5, 1984. Application for Leave to Present a Late Claim: i. Application for Leave to Present a Late Claim was submitted by Klaus W. Koch for personal property loss sustained purportedly due to actions of Anaheim Police Officers at 1119 Curtis Court, Apt. A, on or about February 16, 1983. 2. Approving the following applications in accordance with the recommendations of the Chief of Police: 1023 162 City Hall~ Anaheim, California - COUNCIL MINUTES - October 2.3~ 1984, 10:00 A.M. a. 108: Dinner Dancing Place Permit, Joseph S. Brown, Jr., San Diego Hotel, Inc. for the Inn at the Park, 1855 South Harbor Boulevard, for dinner dancing seven days a week, from 7:00 p.m. to 2:00 a.m. b. 108: Public Dance Permit, Sudha R. Megha, for "Bit O' Sweden~ Restaurant, 1425 East Lincoln Avenue, to hold a dance October 27th, 1984, from 8:00 p.m. to 1:00 a.m. 3. 123: Authorizing a Cooperative Agreement with the County of Orange for participation in the County Tax Exempt Bond Issue. 4. 144: Authorizing inclusion in the Orange County Multi-family Revenue Bond Program proposed developments to be located at 2546 West Lincoln Avenue, 129 South Olive Street, 129 South Melrose Street and 920 Western Avenue. 5. 160: Accepting the iow bid of G.M.C. Truck & Coach in the amount of $45,604.38 for four cargo vans, in accordance with Bid No. 4137. 6. 160: Accepting the low bid of Mission G.M.C., in the amount of ~101,982.91 for ten 1985 G.M.C. Truck Cab/Chassis, in accordance with Bid No. 4134. 7. 160: Accepting the low bid of Rafferty International in the amount of ~61,984.91 for three 24,000 G.V.W. Conventional Cab/Chassis, in accordance with Bid No. 4136. 8. 160: Waiving Council Policy No. 306 and authorizing the Purchasing Agent to issue a purchase order to Yaesu Electronics Corporation, in the amount of $36,779.62, for radio equipment and accessories to be used at Anaheim Stadium, in accordance with their quotation dated August 29, 1984. 9. 160: Waiving Council Policy No. 306 and authorizing the Purchasing Agent to issue a purchase order to Granger Associates Corporation in the amount of $36,350.58 for one Master Station, seven "remote~ units, and complementary accessories for remote control of well sites. 10. 169: RESOLUTION NO. 84R-417: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AN~NEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE TF, E CONSTRUCTION AND COMPLETION OF A PUBLIC IHPROV~MENT, TO WIT: BALL ROAD-SUNKIST STREET TO STATE COLLEGE BOULEVARD; SUNKIST STREET-HILDA STREET TO BALL ROAD, IN THE CITY OF ANAHEIM, STREET AND STORM DRAIN IMPROVEMENT, ACCOUNT NOS. 12-792-6325-E2750 AND 51-484-6993-00713, FEDERAL AID URBAN PROJECT NO. L060(4). (opening of bids on November 29, 1984, 2:00 p.m.) 11. 123: RESOLUTION NO. 84R-418: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH THE CALIFORNIA HOUSING FINANCE AGENCY CONCERNING MULTIFAMILY REHABILITATION AND INFILL NEW CONSTRUCTION. 12. 109/150: RESOLUTION NO. 84R-419: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE REGIONAL COMPETITIVE PROGRAM OF THE CALIFORNIA PARK AND RECREATIONAL FACILITIES ACT OF 1024 Cit7 Hall~ Anaheim~ California - COUNCIL MINUTES - October 23~ 1984, 10:00 A.M. 1984 FOR (i) THE CANYON AREA COMMUNITY CENTER, (ii) IMPERIAL PARK, (iii) OAK CANYON NATURE CENTER AND (iv) PERALTA CANYON PARK. (total amount of 34,131,400, for the development of the Canyon Community Center). 13. 175: RESOLUTION NO. 84R-420: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING A CONTRACT WITH A & A PIPELINE,.INC. (construction of a waterline on Brookhurst Street between Pacific Avenue to Harriet Lane, and authorizing the City Engineer to negotiate for a replacement contractor to complete said contract) 14. 179: RESOLUTION NO. 84R-421: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 1810 AND DECLARING RESOLUTION NO. 78R-415 NULL AND VOID. (to permit a veterinary hospital with a Code waiver of minimum number of parking spaces on property located on the southwest corner of Santa Aha Canyon Road and Fairmont Boulevard, as a condition of approval of Conditional Use Permit No. 2618) 15. 103: RESOLUTION NO. 84R-422: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DESIGNATING CERTAIN UNINHABITED TERRITORY DESIGNATED AS OAK HILLS RANCH ANNEXATION AS UNDEVELOPED PROPERTY PURSUANT TO THE MASTER PROPERTY TAX TRANSFER AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF ANAHEIM. 16. 158: RESOLUTION NO. 84R-423: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DEDICATING CERTAIN CITY-OWNED PROPERTY TO PUBLIC ROAD PURPOSES. (C.P. NO. 26 AND R/W NO. 3429). MOTION CARRIED. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth None None The Mayor declared Resolution Nos. 84R-417 through 84R-423 duly passed and adopted. 177: AFFORDABLE RENTAL HOUSING PROGRAM - ORANGE COUNTY MULTIFAMILY REVENUE BOND ISSUE~ DENSITY BONUS AND SENIOR HOUSING PROGRAMS: Approving a policy establishing affordable rents for the subject programs. Submitted was a detailed report dated October 15, 1984 from the Executive Director of Community Development, Norm Priest, recommending that the Council approve a policy for establishing affordable rents for certain rental projects in the City of Anaheim along with attachments. Mr. Priest then answered questions posed by Councilman Pickler relative to the affordable housing aspect and the length of control. He explained that staff was recommending 10 years, whereas up to this time, it had been 5 years. The Planning Commission recommended 20 years but the tax exempt financing in some instances required 10 years and staff was trying to be compatible across the Board to preclude a series of programs with different time frames; Councilman Overholt also gave an overview of the numerous discussions the Council had on 1025 City Hall, Anaheim~ California - COUNCIL MINUTES - October 23, 1984, 10:00 A.M. the matter before Councilman Pickler became a Council Member. He felt that 10 years was a good approach and was totally in favor of it. Mr. Priest pointed out that in this instance, it involved rental housing; Councilman Overholt stated that was true, but it was the same concept. Councilwoman Kaywood asked for clarification that even with the 10 year restriction, the owner was still entitled to a cost-of-living increase in rent each year; Mr. Priest answered that was correct. Councilwoman Kaywood stated that the density bonus for 5 years was for any short term investment which she felt was Just an excuse for higher density because after that, the affordable portion was then gone. Ten years would be a minimum compromise keeping in mind that it did not freeze rents. She would be in favor of a 10 year minimum. Mr. Priest then explained for Councilman Bay relative to the 30 year control on Senior projects, 30 years was called out in a proposed Senior Citizen Housing ordinance. As the Council would recall, hearings had been held relative to Senior Housing developments and the 30 years reflected the outcome of those hearings, but at this time it was not in an adopted ordinance. Councilman Bay asked for clarification on the proposed motion. He especially wanted to know if, in approving the proposed recommendation, the Council would be setting a 30 year control on Senior Housing. Mr. Priest answered "yes." It picked up the effect of the proposed ordinance in that one area and it would become the Council's policy fixing 30 years on Senior Housing. He did not believe it would present a problem with Federal Law. Councilman Bay stated he had no problem on a minimum of 10 years on a density bonus, but with establishing a policy today that might change when they reviewed, studied and discussed the new Senior ordinance. That ordinance was supposed to encourage new Senior Housing developments in the City. If the Council today voted on a 30 year policy even before completing the study on the proposed ordinance, they could in effect deter the building of Senior Housing. He did not want to approve a 30 year control until they had an opportunity to see the ordinance. After further discussion on the issue of the 30 year control, Councilman Overholt asked when the Council would be receiving the study on the proposed Senior Housing ordinance; Mr. Priest answered the study would be submitted as part of the ordinance adoption process. Annika Santalahti, Assistant Director for Zoning, explained that the original staff report and ordinance was presented to the Planning Commission approximately 3 weeks ago and it was then it came to staff's attention that State Law had changed (see Page 1, No. 1 of the subject staff report) and had some impacts. The Planning Commission would be discussing the matter again in approximately 3 weeks followed by the 22-day appeal period. Mr. Priest stated the Council could make it 10 years across the Board and then amend the policy 1026 City Hall.~ Anaheim~ California. - COUNCIL MINUTES - October 23, 1984, 10:00 A.M. if they wished when they considered the Senior ordinance. Staff would like to see a 30 year limitation in order to get as much affordabiltty as possible but since they were moving from zero at present, 10 years was better than zero. He would personally prefer 30 years. Councilman Pickler moved to approve a policy for establishing affordable rents for the Orange County Multi-family Revenue Bond Issue Program, Density Bonus Program and the Senior Housing Program as recommended by staff in memorandum dated October 15, 1984 with 10 years under control for a density bonus and 30 years under control for Senior Housing. Councilman Overholt seconded the motion. Before a vote was taken, Councilman Bay stated he might not be opposed to 30 years once they studied the ordinance on defining Senior Citizen developments but he was opposed to doing so in advance. He did not have a problem with 10 years on the density bonus. However, on the 30 years, he cautioned it could discourage the private sector from building the Senior Housing the Council was trying to motivate. A 30 year control policy at this time was a demotivator. A vote was then taken on the foregoing motion. Councilman Bay voted MOTION CARRIED. 142/101/124: ORDINANCE NO. 4547 - THROWING~ DISCHARGING OR LAUNCHING SUBSTANCES AT ANAHEIM STADIUM: Councilwoman Kaywood offered Ordinance No. 4547 for first reading. Refer to Ordinance Book. ORDINANCE NO. 4547: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADDING TO TITLE 11, CHAPTER 11.04, SECTION 11.04.090 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO CRIMINAL CONDUCT AT THE ANAHEIM STADIUM AND CONVENTION CENTER. Councilman Overholt wanted to know if the proposed ordinance prohibited throwing beach balls. He was concerned that the ordinance be spelled out in such a way so that things that were not obnoxious, malicious, etc. did not fall into the category of prohibited conduct. He did not want an ordinance that would come down hard on people having a good time who were not interfering with their neighbors. He asked if the City had such an ordinance before and if there was such an ordinance in existence in other cities. City Attorney William Hopkins answered that the City did not have such an ordinance previously and that with regard to other cities, they did not have an identical ordinance. Councilman Overholt stated that unfortunately ordinances were "blind" and he wanted to see the back up information used to form the proposed ordinance; City Attorney Hopkins responded that such information would be available for the final reading of the ordinance in one week. Councilman Bay stated he was concerned also that the ordinance not be worded as Councilman Overholt stated. It used terms that could be interpreted many different ways and should be looked at again from that standpoint. 1027 118 Cit~ Hall~ Anaheim~ California - COUNCIL MINUTES - October 23, 1984, 10:00 A.M. 142/112/107: ORDINANCE NO. 4548 - PENALTY FOR VIOLATIONS: Councilman Bay offered Ordinance No. 4548 for first reading. Refer to Ordinance Book. ORDINANCE NO. 4548: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 1.01.370 OF CHAPTER 1.01 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO CODE ADOPTION AND CONSTRUCTION. 123: REQUEST FOR RATE INCREASE FOR LEGAL SERVICES - OLIVER STOEVER AND LASKIN: Submitted was a report dated September 27, 1984 from the City Attorney's Office recommending approval of the subject request. Councilman Overholt moved to authorize the Third Amendment to an agreement with Oliver, Stoever and Laskin, increasing the hourly rate to $110 and the "court time" rate to 3800 per day for legal services in the acquisition of real property, commencing November 1, 1984 as recommended in memorandum dated September 27, 1984 and upon the City Attorney's recommendation that the rates were competitive. Councilman Pickler seconded the motion. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held October 1, 1984, pertaining to the following applications were submitted for City Council information. 1. RECLASSIFICATION NO. 84-85-3 (READV.) AND VARIANCE NO. 3417 (READV.): Application submitted by Armand A. and Virginia A. Stephanian, for a change in zone from CL to RM-1200, to construct a 40-unit affordable apartment complex on property located at 2546 West Lincoln Avenue, with Code waivers as follows: (a) permitted encroachment into front yard, (deleted) (b) maximum fence height, (deleted) (c) minimum building site area per dwelling unit, (d) maximum building height. The City Planning Commission, pursuant to Resolution No. PC84-193 and 194, granted Reclassification No. 84-85-3 (Readv.) in part, and Variance No. 3417 (Readv.), and granted a negative declaration status. 2. CONDITIONAL USE PERMIT NO. 2622: Application submitted by Continental Pacific Enterprises, Inc., to construct a 45-foot high, 205-room senior citizens' retirement facility on CL(SC) zoned property located at 505 South Anaheim Hills Road, with Code waiver of minimum number and type of parking spaces. The City Planning Commission, pursuant to Resolution No. PC84-196, granted Conditional Use Permit No. 2622, and granted a negative declaration status. Annika Santalahti, Assistant Director for Zoning, answered questions posed by Councilwoman Kaywood for purposes of clarification relative to the subject CUP; at the conclusion of questioning, Councilwoman Kaywood stated the Council had been careful in considering all projects proposed for Anaheim Hills. They had now approved two senior retirement projects but had no track record of how such projects would turn out. She did not want to see something which would turn out to be a disaster in Anaheim Hills. However, if no other Council Members had a problem with the project, she would not set it for a public hearing. 1028 Cit~ Hall~ Anaheim~ California - COUNCIL MINUTES - October 23~ 1984,. 10:00 A.M. No action was taken by the Council. 3. CONDITIONAL USE PERMIT NO. 2625: Application submitted by Louis H. and Ada Perlof, (Pick your Part), to permit expansion of an automobile dismantling and storage yard on CL zoned property located at 1235 South Beach Boulevard. The Cit~ Planning Commission, pursuant to Resolution No. PC84-199, granted Conditional Use Permit No. 2625, and granted a negative declaration status. 4. CONDITIONAL USE PERMIT NO. 2617: Application submitted by John Howard Turtle and W. Ronald Dye, (Auto Concepts and Mussche Automotive), to retain and permit two automotive repair facilities on ML zoned property located at 1131 and 1135 North Blue Gum Street, with Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC84-200, granted Conditional Use Permit No. 2617 for 2 years, and granted a negative declaration status. 5. RECLASSIFICATION NO. 84-85-10: Application submitted by Comet, Inc., for a change in zone from CL to RM-1200, to construct a 66-unit apartment complex on property located at 1235 East Lincoln Avenue. The City Planning Commission, pursuant to Resolution No. PC84-201, granted Reclassification No. 84-85-10, and granted a negative declaration status. 6. RECLASSIFICATION NO. 84-85-8 AND CONDITIONAL USE PERMIT NO. 2623: Application submitted by N/B Associates, for a change in zone from ML to CR, to permit a 3-story business and professional office building on property located at 2201 East Orangewood Avenue. The City Planning Commission, pursuant to Resolution No. PC84-202 and 203, granted Reclassification No. 84-85-8 and Conditional Use Permit No. 2623, and granted a negative declaration status. 7. VARIANCE NO. 3425: Application submitted by Zoe L. and Diane G. Grillas, to construct a 6-foot high block wall on RS-5000(SC) zoned property located at 6104 Camino Manzano, with Code waiver of permitted wall height. The City Planning Commission, pursuant to Resolution No. PC84-204, granted Variance No. 3425, and ratified the Planning Director's categorical exemption determination (Class 3). 8. RECLASSIFICATION NO. 81-82-4 AND CONDITIONAL USE PERMIT NO. 2249 - EXTENSIONS OF TIME: Application submitted by Presbyterian Church, requesting extensions of time to Reclassification No. 81-82-4 and Conditional Use Permit No. 2249, for a change in zone from RS-A-43,000(SC) to CL(SC), to permit a church, preschool and office complex with certain Code waivers on property located on the south side of Santa Aha Canyon Road, east of Fairmont Boulevard. The City Planning Commission approved an extension of time to Reclassification No. 81-82-4 and Conditional Use Permit No. 2249, to expire August 24, 1985. 1029 City Hall, Anaheim~ California - COUNCIL MINUTES - October 23~ 1984, 10:00 A.M. 9. RECLASSIFICATION NO. 77-78-16 - EXTENSION OF TIME: Application submitted by Hugo A. Vazquez, requesting an extension of time to Reclassification No. 77-78-16, for a change in zone from RS-A-43,000 to RM-1200, to construct a 1-story, 8-unit apartment complex on property located at 920 South Western Avenue. The City Planning Commission approved an extension of time to Reclassification No. 77-78-16, to expire September 12, 1985. 10. VARIANCE NO. 3244 - TERMINATION: Application submitted by Euclid Development Partners, requesting termination of Variance No. 3244, to construct a 3-story medical office building on CO zoned property located at 1300 South Euclid Street, as a condition of approval of Variance No. 3420. The City Planning Commission, pursuant to Resolution No. PC84-205, terminated Variance No. 3244. 11. RECLASSIFICATION NO. 81-82-16 AND CONDITIONAL USE PERMIT NO. 2311 - EXTENSIONS OF TIME: Application submitted by Pacesetter Homes, requesting extension of time to Reclassification No. 81-82-16 and Conditional Use Permit No. 2311, for a change in zone from RM-1200 to RM-3000, to construct a 4-lot, 169 unit condominium complex on property located east of Citron, and north of Santa Ana Street (former Fremont Junior High School playfield). The City Planning Commission approved an extension of time to Reclassification No. 81-82-16 and Conditional Use Permit No. 2311, to expire March 22, 1985. 12. VARIANCE NO. 3419 (READV.): Application submitted by Vernon W. Edmonds, to construct a 15-unit apartment complex on RS-A-43,000 zoned property located at 920 South Western Avenue, with Code waivers as follows: (a) maximum structural height, (b) maximum site coverage, (c) maximum fence height. The City Planning Commission, pursuant to Resolution No. PC84-195, granted Variance No. 3419 (Readv.), and granted a negative declaration status. Councilman Overholt requested a review of the Planning Commission's decision on Variance No. 3419. Therefore, a public hearing would be scheduled at a later date. 13. CONDITIONAL USE PERMIT NO. 2621 (READV.): Application submitted by Wood Bridge Village, Ltd., to permit on-sale alcoholic beverages in a proposed semi-enclosed restaurant on CG zoned property located at 50 South Anaheim Boulevard, with Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC84-197, granted in part, Conditional Use Permit No. 2621 (Readv.), and granted a negative declaration status. The decision of the Planning Commission was appealed by the applicant and therefore a public hearing would be scheduled at a later date. 1030 CitX Hall~ Anaheim~ California - COUNCIL MINUTES - October 23~ 1984, 10:00 A.M. 14. CONDITIONAL USE PERMIT NO. 2624: Application submitted by Anaheim Hills Development Corp., to permit a remote telephone switching facility on RS-A-43,000(SC) zoned property located on the south side of Canyon Rim Road, west of Serrano Avenue, with Code waiver of minimum structural setback. The City Planning Commission, pursuant to Resolution No. PC84-198, granted Conditional Use Permit No. 2624, and granted a negative declaration status. A review of the Planning Commission's decision was requested by Councilman Roth and therefore a public hearing would be scheduled at a later date. 153/119: DISABILITY RETIREMENT ABUSES: Series of articles by the Register newspaper on the pension crisis specifically dealing with disability retirement abuse. This matter was continued from the meeting of October 16, 1984 (see minutes that date). Councilman Overholt reoffered the following motion: Authorizing the Mayor to contact Senators Seymour and Russell, and the Register, on behalf of the Council, commending the Register for their articles relating to disability retirements, and indicating the Council is 100% behind them. Councilman Roth seconded the motion. Before a vote was taken, Mayor Roth suggested that a letter be prepared to be signed by all Council Members; Councilman Pickler recommended that the Register articles also be included. Councilman Bay stated that the Council should contact all of the City's local representatives, both State Senators and Assemblymen. A vote was then taken on the foregoing motion. MOTION CARRIED. 139: OPPOSITION TO PROPOSITION 36: Councilman Pickler reported on the information meeting on Proposition 36 held October 6, 1984, sponsored by the Orange County League of Cities at the Garden Grove Community Center. He felt personally that Proposition 36 was bad for the cities of Orange County and there were many agencies and groups who supported Proposition 13 who were opposed to Proposition 36 as were the California Chamber of Commerce, League of Women Voters, Senior Citizens, The Building Industry Association and many more. He considered it to be a bad proposition with many problems and most important, it was unfair taxation. It would give 1/3 of the homeowners a tax break, the people who already received it, and it would raise taxes for homeowners already paying higher taxes. Two thirds would be picking up the tab for 1/3 receiving the benefits. If cities needed money, they would have to go to Sacramento and he believed there should be local control, not control by the State. He wanted to go on record in opposition to Proposition 36 and urged close scrutiny of that proposition by the people. Councilman Pickler thereupon moved that the Council go on record in opposition to Proposition 36. Before any action was taken, Councilman Overholt recounted that the Council had supported placing Proposition A on the ballot and it was resoundingly 1031 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 23~ 1984, 10:00 A.M. defeated. He heard it was partly because every politician in the County was for it. Councilman Pickler felt that Proposition 36 went too far and he had a great deal of company in that regard. He (Overholt) also shared that view and if Councilman Pickler wanted to press the Council for a position, he would support that position. The whole issue was expressed by Senator Seymour at the League of Cities meeting although he had not taken a position. He (Seymour) felt it was going to pass and he couched it in terms of purely an issue of local control vs. State control and it would put all the "marbles" in Sacramento. The Anaheim Chamber of Commerce had taken no position and the California Chamber of Commerce had come out strongly against it because it shifted the financial control to the State and limited the ability of the local elected officials to deal with the problems of the community. If the proposition passed, the Council and the City would deal with it, but the impact on the local community and others in the State would be devastating. Councilman Overholt thereupon seconded the motion offered by Councilman Pickler. Councilman Roth stated he would support the motion but felt strongly the more politicians who came out in opposition would bring about the same result as Proposition A. In a discussion with Supervisor Pete Shabarum who was a member of the most conservative Board of Supervisors in the nation, the Los Angeles Board of Supervisors, he (Shabarum) said if Proposition 36 passed in November, he would not have anything to supervise because it would shift more and more responsibility to the State. Councilwoman Kaywood stated she felt it was important to get the facts out which facts had been hard to find. (1) Why did something that merely required a majority vote tie up the hands of everything that would then require 2/3rds vote. The minority would be making all of the decisions. (2) If a 2/3rds vote was required for everything, she questioned who was going to pay for all the elections. In Anaheim alone, the public safety budget for police and fire was over ~40 million while the property tax paid only ~8 million and it had nothing to do with Public Works. Revenues had shrunk where needs continued to grow. She questioned where the services would be coming from that were provided at the local level. It was very important for people to understand that and to put all of the other rhetoric aside. Councilman Bay stated he was going to abstain on the motion although he personally felt it was a bad law. He could understand what caused it to be created and why it had received the support it had. There were cities in the state who had taken advantage of the intent of Proposition 13 and constantly increased fees and other things which he had always called taxes. The problem with Proposition 36 was the poor job done in writing it. His own opinion was that it would blatantly impair local control. On the other hand, it existed primarily because of abuses on the local, County and State governmental levels in the constant search for new revenues which had become a fad where fees were increased over and above the cost of service. The best way to defeat Proposition 36 was to talk to those people who had been abusing the intent of Proposition 13 which was to hold down taxes. He was abstaining because he felt it was up to the people to decide and he also agreed if enough politicians climbed on board to oppose it, it would pass. 1032 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 23~ 1984, 10:00 A.M. A vote was then taken on the foregoing motion. Councilman Bay abstained. MOTION CARRIED. REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to discuss litigation, potential litigation and labor relations with no action anticipated; City Attorney requested a Closed Session to discuss litigation and potential litigation with no action anticipated. The Mayor announced that a Closed Session would be held to consult with the City's attorneys concerning pending or potential litigation. Councilman Roth moved to recess into Closed Session. Councilman Pickler seconded the motion. MOTION CARRIED. (11:55 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (1:40 p.m.) 155: CONTINUED PUBLIC HEARING - ENVIRONMENTAL IMPACT REPORT NO. 267: To consider Environmental Impact Report No. 267 for the proposed development of an automobile sales and service center on approximately 10.6 acre parcel of land located on the south side of Ball Road, east of the Orange Freeway (Route 57). Public hearing was held on October 9, 1984, testimony received and the public hearing was closed and continued to this date. (See minutes of October 9, 1984). Mr. Joel Fick, Assistant Director for Planning, briefed staff report from the Planning Department/Planning Division to the City Manager/City Council dated October 22, 1984, recommending that the Council certify EIR No. 267. ENVIRONMENTAL IMPACT REPORT NO. 267 - CERTIFICATION: Environmental Impact Report No. 267 having been reviewed by the EIR Review Committee was found to be in compliance with City and State guidelines and the State of California Environmental Quality, the City Council acting upon such information and belief does hereby certify on motion by Councilman Pickler, seconded by Councilman Overholt that Environmental Impact Report No. 267 is in compliance with the California Environmental Quality and City and State guidelines as recommended by the EIR Review Committee. MOTION CARRIED. 179: PUBLIC HEARING -CONDITIONAL USE PERMIT NO. 2603: Application submitted by Retirement Fund Trust of the Plumbing, Heating and P~ping Industry of Southern California, to permit a self-storage facility on CG zoned property located on the south side of Wilken Way, east of Harbor Boulevard, with Code waivers as follows: (a) minimum number of parking spaces, (b) minimum required public parking area. The City Planning Commission, pursuant to Resolution No. PC84-179, approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment, and further, granted Conditional Use Permit No. 2603, subject to the following conditions: 1033 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 23, 1984, 10:00 A.M. 1. That prior to issuance of a building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by the City Council for the new dwelling unit and new industrial buildings. 2. That a modified cul-de-sac shall be provided at the terminus of Willowbrook Lane and Tiller Avenue as required by the City Engineer. 3. That gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic in the adjacent public streets. Installation of any gates within a distance of forty (40) feet from said public street rights-of-way shall be subject to the review and approval of the City Traffic Engineer. 4. That all driveways shall be designed to accommodate ten (10) foot radius curb returns as required by City Traffic Engineer. 5. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 6. That subject property shall be served by underground utilities. 7. That prior to commencement of structural framing, fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department. 8. That trash storage areas shall be provided in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 9. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along wtlken Way in an amount as determined by the City Council. 10. That a perpetual easement agreement for a strip of land 20 feet wide for water utility purposes, connecting the northerly existing terminus of Willowbrook Lane to the southerly existing terminus of Madrid Street shall be submitted to the Planning Department and then be transmitted to the City Attorney's Office and the Water Engineering Division for review and approval. The approved agreement shall then be filed and recorded in the Office of the Orange County Recorder, and a copy of said recorded agreement shall be provided to the Planning Department. 11. That fire sprinklers shall be installed as required by the City Fire Marshall. 12. That the use herein approved shall not commence until after the effective date of the Code Amendment, now pending, permitting self-storage/mini-warehouse facilities in the CG Zone as a conditional use. 13. That all lockable vehicular access gates shall be equipped with a "knox box" device gate opener to the satisfaction of the City Fire Marshall. 1034 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 23~ 1984, 10:00 A.M. 14. That a screened "crash gate" shall be installed at the northerly terminus of Willowbrook Lane to the satisfaction of the City Fire Marshall. Said access shall be restricted to emergency use only. 15. That the proposal shall comply with all signing requirements of the CG Zone, unless a variance allowing sign waivers is approved by the Planning Commission or City Council. 16. That a 6-foot high masonry block wall shall be constructed and maintained along the south, east, and easterly approximate 284 feet of the north property lines. 17. That any proposed exterior lighting fixtures shall be down-lighted with a maximum height of 12 feet. Said lighting fixtures shall be directed away from adjacent property lines to protect the residential integrity of the area. 18. That 15-gallon trees planted on 10-foot centers, with appropriate irrigation facilities, shall be installed and maintained along the south, east, and easterly approximate 284 feet of the north property lines. 19. That the owner of subject property shall submit a letter requesting termination of Variance No. 3125 to the Planning Department. 20. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2. 21. That prior to issuance of a building permit, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 1, 9, 10, 12 and 19, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 22. That prior to final building and zoning inspections, Condition Nos. 2, 3, 4, 5, 6, 8, 11, 13, 14, 16, 17, 18 and 20, above-mentioned, shall be complied with. A review of the Planning Commission's decision was requested by Councilwoman Kaywood and public hearing scheduled this date. The Mayor asked if the applicant or applicant's agent was present. Mr. Richard Brown, Representing Brown Development, was present to answer questions. Councilwoman Kaywood repeated her concern that a perfectly square ten acre parcel was going to be used for self-storage. Normally strips of land with minimal acreage usually freeway remnants, were utilized for such developments. She was also concerned with regard to parking and the waiver requested. 1035 110 Cit~ Hall, Anaheim~ California - COUNCIL MINUTES - October 23~ 1984, 10:00 A.M. Mr. Brown then answered questions posed by Councilwoman Kaywood informing the Council as follows: The storage units themselves would be divided by partitions which could be moved depending on demand. The reason the parking waiver was agreed to by staff and the Traffic Engineer was that storage units required very little on-site parking and theirs was vastly in excess of the number of spaces that would be used, to the point where they could rent parking spaces out if they wished to do so. The waiver was typical for the use. There would be some approach to the units and on the smaller units, carts would be provided to bring storage goods to the unit. It was not restricted to commercial storage and could be used to relieve some of the overflow problems of storage in the surrounding apartments. Mayor Roth then gave an overview of the actions that had taken place on the property, the first proposal being an apartment complex which was ultimately denied by the Council (see minutes of April 17, 1984) when there was a ground swell of citizens in the community who were opposed. Mr. Brown explained that in the final analysis, the proposal for a self-storage facility did satisfy most of the opposition, if not all and as the Council would recall when apartments were proposed at the public hearing before the Council, he asked the neighbors at that time if self-storage would be an acceptable concept and they agreed. After the proposal was made, they met with the South Anaheim Neighborhood Council and it was determined that the Neighborhood Council would take no action in opposition to the self-storage proposal. Councilwoman Kaywood again reiterated her concern that even though waivers for self-storage had been granted in the past, the City did not have a record of experience to know whether those decisions were good or bad. She then asked Mr. Brown if he considered the subject project to be an interim use. Mr. Brown answered that there was no way to consider a ~10 million plus installation as an interim use. It was not to say that 15 years from now that someone was not going to come in and say that self-storage was not the best use of the property and that they would like to do something else with the property. Councilman Pickler noted that in the past for self-storage projects had been approved with an average of five percent parking. He asked if any problems had occurred. Miss Santalahti answered that she was not aware of any problems with the currently existing facilities. In one project, some of the spaces were converted to actual storage units. People did not stay long at the storage units and the use had not tended to be a parking problem. The Mayor asked if anyone wished to speak; there being no response, he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Pickler, the City Council approved the negative declaration upon finding that it has considered the negative 1036 Cit~ Hall, Anaheim,. California - COUNCIL MINUTES - October 23, 1984, 10:00 A.M. declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. Councilman Pickler offered Resolution No. 84R-424 for adoption, granting Conditional Use Permit No. 2603, upholding the findings of the City Planning Commission and subject to City Planning Commission Conditions. Refer to Resolution Book. RESOLUTION NO. 84R-424: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2603. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Bay, Overholt, Pickler and Roth Kaywood None The Mayor declared Resolution No. 84R-424 duly passed and adopted. 170: PUBLIC HEARING - TENTATIVE TRACT NO. 11936 (REVISION NO. 1): Application submitted by State Wide Developers, to establish a 4-'iot, 332-unit, RM-3000 zoned condominium subdivision on property located on the east side of Knott Street, south of Ball Road (former Apollo Junior High School Site). At its meeting of September 17, 1984, the Planning Commission approved Tentative Tract No. 11936 (Revision I) for 332 units. A review of the Planning Commission's decision was requested by Councilwoman Kaywood and public hearing scheduled this date. The Mayor asked to hear from the applicant or applicant's agent. Mr. Tariq Sbmmma, Shamma Enterprises representing State Wide Developers, 229 East Lincoln Avenue, was present to answer questions. He then explained for Councilwoman Kaywood the request was for turning the dividing line between lot 1 and 2, ninety degrees which required more adjustment to provide driveways to lot 2. That was the sum of the request; however, he confirmed for Councilwoman Kaywood that change did take away the look of the railroad car affect and it improved the situation. Councilwoman Kaywood stated she had no problem with that. The Mayor asked if anyone else wished to speak; there being no response, he closed the public hearing. MOTION: Councilwoman Kaywood moved to approve Tentative Tract No. 11936 (Revision I) as recommended by the City Planning Commission, subject to the following conditions: 1037 Cit7 Hall, Anaheim~ California - COUNCIL MINUTES - October 23, 1984, 10:00 A.M. 1. That prior to final tract map approval, the owner of subject property shall record a covenant guaranteeing that as each phase develops, that phase shall contain the Code required minimum number and type of parking spaces calculated either independently or including previously developed phase(s). 2. That prior to final tract map approval, the owner of subject property shall agree to relocate any bus stops and bus shelters adjacent to subject property on Knott Street to the satisfaction of the Orange County Transit District. Said approval shall be in the form of a written agreement between the owner and Orange County Transit District, a copy of which shall be presented to the Planning Department. 3. 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. 4. That prior to final tract map approval, street names shall be approved by the City Planning Department. 5. That temporary street name signs shall be installed prior to any occupancy if permanent street name signs have not been installed. 6. That prior to approval of the final map, the vehicular access rights to Myra Avenue and Kingsway Avenue shall be dedicated to the City of Anaheim. 7. That prior to final tract map approval, the original documents of the covenants, conditions, and restrictions, and a letter addressed to the developer's title company authorizing recordation thereof, shall be submitted to th City Attorney's Office and Engineering Division. Said documents, as approved will then be filed and recorded in the Office of the Orange County Recorder. 8. That should this subdivision be developed as more than one subdivision, each subdivision thereof shall be submitted in tentative form for approval. 9. That prior to approval of the final map, the owner of subject property shall post a bond to guarantee the installation of a modified cul-de-sac at the terminus of Kingsway Avenue and Myra Avenue as required by the City Engineer. Said installation shall occur prior to final building and zoning inspections. 10. That prior to approval of the final map, the developer shall enter into an agreement with the City of Anaheim pursuant to Government Code Section 65915 to provide that not less than 83 of the residential units shall be sold as low or moderate income housing as defined in Government Code Section 65915 and with appropriate resale controls as approved by the City of Anaheim. Councilman Pickler seconded the motion. Before a vote was taken, Councilman Overholt referred to a telephone call received from Mrs. Windflower Ochoa reminding the Council that the developer 1038 Cit~ ~all, Anaheim~ California - COUNCIL MINUTES - October 23, 1984, 10:00 A.M. had agreed to use graffiti repellant paint on the wall surrounding the development. Mrs. Ochoa lived next door to the development and that was one of her concerns. Mr. Shamma was not aware of the requirement and he questioned where the graffiti would come from. One side of the wall faced the neighbors and the other was inside the development. There was a condominium project and not apartments and thus there would be pride of ownership. He did not see the problem. Councilman Bay stated there was a coating available, which when applied to a surface, graffiti would not hold to it. It was a matter of planning ahead in case the development did experience graffiti. Mr. Shamma stated he would be happy to look into the matter and would discuss it with the developer. He did not see the need for the coating on a condominium project especially since there was no wall along the public access way. Councilman Pickler asked what would happen if the Council approved the tentative tract and there was no stipulation made as to the graffiti repellant. Miss Santalahti stated it was not a condition that could be applied to a subdivision map; Mr. Shamma confirmed that he would look into the matter and raise the issue with the developer. A vote was then taken on the foregoing motion, approving Tentative Tract No. 11936 (Revision I). MOTION CARRIED. 170: PUBLIC HEARING - TRACT NOS. 10980, 10981~ 10982~ 109.83 .AND 1.0984: To amend conditions of approval, in particular Condition Nos. 25 and 33, of Tentative Tract No. 10980 and 10982, respectively, relating to posting a Bond with the City to guarantee grading and landscaping of the slope adjacent to the regional shopping center site; Condition No. 32 of Tentative Tract No. 10981, relating to entering a reimbursement agreement for fire station and park sites; and Tract Nos. 10983 and 10984, relating to onsite and offsite drainage, on property located south of Santa Aha Canyon Road, east and west of Weir Canyon Road. (Bauer Ranch) City Clerk Lee Sohl announced that letter dated October 19, 1984 had been received from Robert M. Galloway, Senior Vice President of Kaufman and Broad, requesting a one week continuance on Tract No. 10980, Condition No. 25 and Tract No. 10982, Condition No. 33. Mr. Tom Winfield, representing Kaufman and Broad, explained he had met with Messrs. Thompson, Fick and Johnson that morning on Tract No. 10980 and 10982. Since a staff report would not be possible to submit for next week's agenda, he was now requesting a two week continuance. He further clarified that those were the only two items they were requesting be continued and not the remainder of the tracts. 1039 106 Cit~ Hall, Anaheim~ California - COUNCIL MINUTES - October 23~ 1984, 10:00 A.M. MOTION: Councilman Roth moved to continue consideration of amendment to conditions of approval on Tract No. 10980 and Tract No. 10982 to November 6, 1984 at 1:30 p.m. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Mr. Winfield then explained as to the storm drain issues of Tract No. 10983, Condition 18 and 19 and Tract No. 10984, Condition 16, Kaufman and Broad was prepared to agree with City Engineer Gary Johnson and staff's recommendation in that regard. They received Fish and Game approval to place the storm drain in the wilderness area. The only additional recommendation was that the storm drain be completed by October 1985. With that proviso, they were also advised that there was an agreement that the bond amount would be unchanged. With that, Kaufman and Broad was agreeable to those two items. As to the fire station issue, Mr. Winfield stated although it was originally their understanding that the fire ladder truck would not have to be provided until the third story level of the regional shopping center was under construction, they had talked with staff and the Fire Department and Kaufman and Broad was agreeable to memorializing the obligations of the Public Facilities Plan (PFP) as they existed on Pages 18 through 21 of the November, 1983 Revision II, Public Facilities Plan to reflect the fact that Kaufman and Broad would deliver the fire station facility with both the pumper and the ladder truck. They were requesting that delivery date of the ladder truck be specified to be December, 1986. The Public Facilities Plan as proposed talked about delivery with the construction of the third floor of the shopping center but there was also language indicating that it was anticipated the shopping center would be built in 1986/87. They were suggesting to split the difference and make delivery December, 1986. With that, they would again support staff's position and if the Council's motion was to approve staff recommendation, that they authorize execution of the agreement once it was prepared by the City Attorney to preclude the additional time to take it back to the Council. Mayor Roth asked to hear from the City Engineer. Gary Johnson, City Engineer, explained that relative to the wilderness area storm drain, when the staff report was prepared (see report dated October 15, 1984) Kaufman and Broad had not obtained a permit from the California Fish and Game. Staff's concern was that K&B would be unable to place the drain in the area hut that was no longer the case. In reviewing the permit, it had requirements for starting dates, and the method of installing the drain and wild-life mitigation measures, all satisfactory to Engineering. The bond amount appeared to be appropriate. He asked that the Council modify the condition to state that the drain be constructed within one year from today's date. Councilwoman Kaywood asked if the 1986 delivery date for the fire truck was acceptable; Mr. Johnson answered that he would prefer someone from the Fire Department to speak to that issue specifically. The concern of his staff was that they had a binding agreement requiring the developer to comply with the conditions to provide the City with a fire station and fire apparatus. The City Attorney's opinion was that the Public Facilities Plan did not stand alone and the City could not rely on that document to obtain the fire station 1040 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 23, 1984, 10:00 A.M. and apparatus and, therefore, an agreement would be necessary if the condition were to be waived. The applicant had agreed to that. That relieved his (Johnson's) concern. The Fire Department prepared a memorandum dated October 10, 1984 (see memorandum from Ron Evans, Assistant Fire Chief, to Gary Johnson, City Engineer) discussing the time for delivery of the ladder truck and the concern over the.delivery date. The memorandum indicated the purchase of the ladder truck was tied to the third story of the shopping center strictly for convenience, based on the information available in 1980, and that the ladder truck was to be placed into operation for general firefighttng requirements in the canyon area and not specifically for fighting fires for third stories of shopping centers. Councilwoman Kaywood asked if it was possible to have the funding for the fire truck prior to the December 1986 date; Mr. Winfield answered they had already provided the pumper and the question was only relative to the timing on the ladder truck. As the Public Facilities Plan indicated, it was intended that it be delivered in 1986 or 1987 and they were asking that it be December, 1986. It would be a help to them if that delivery date could be maintained. City Manager Talley explained that he had asked Chief Evans to be present because the Chief was as surprised as he (Talley) that they were trying to negotiate before the Council. The Fire Department had on several occasions attempted to bring the matter to the developer's attention and to work out what they thought were very favorable terms in order to deliver the equipment. The City needed the equipment and thought under the original schedule it would be available 18 months ago up to 30 months ago. It was now being put out from the 1982/83 Fiscal Year to the 1985/86 Fiscal Year or three years beyond what the City originally believed delivery would be. The Fire Department was saying if there was a delay in placing the equipment in service beyond 1985/86, it would drastically affect the overall protection plans of the Fire Department and severely impact the fire protection available to all of the Santa Aha Canyon area. The original proposal was based on the fact that the City believed that over 1 1/2 years ago, possibly two years ago, it would have that piece of equipment and also the shopping center constructed. After further discussion with Mr. Winfield on the issue, Assistant Fire Chief Ron Evans explained that the Fire Department could use the equipment any time. He did not recall discussing a delivery date of December, 1986 with anyone and personally he wanted a delivery date of January, 1986 to meet the fire protection needs of the area. The Department's original fire protection plans for the area had been affected by the Bauer Ranch Development and those plans were modified upon receipt of the original Bauer Ranch Development which was to include the purchase of the fire pumper and the fire truck. The Department did not move the existing truck in the canyon area at Station 5. It was purposely left there because of the industrial area that it served awaiting arrival of the truck intended for Station 10 which at that time was calculated to be in the 1982/83 Fiscal Year. 1041 City Hall,. Anaheim, California - COUNCIL MINUTES - October 23, 1984, 10:00 A.M. Councilman Pickler asked Mr. Winfield if delivery in January of 1986 would create a problem; Mr. Winfield first explained that Kaufman and Broad supplied the pumper truck to the Fire Department 18 months before they were required to give it to the City. The problem they were having in this case, the agreement they made last November stated that the ladder truck would be delivered in 1986 or 1987. It represented a ~370,000 expenditure and the extra 11 months would be of benefit. It was an economic issue and the Council had to balance that. The need the City had for that equipment was not related to what K&B were building. Mr. Robert Galloway, Senior Vice President, Kaufman and Broad, also gave an overview of the entire situation, the point being that they delivered the pumper ahead of schedule and now they wanted to deliver the ladder truck in December of 1986. Further discussion took place on the issue of the delivery of the ladder truck between Council Members, City Manager Talley, Mr. Winfield and Mr. Galloway during which Mr. Talley stated that Fire Chief Simpson and Assistant Chief Evans wanted delivery January 1, 1986 but could live with July 1, 1986. Mr. Galloway offered a delivery date of July 1986 and follow up within the next couple of weeks with Assistant Chief Evans, because he felt there was possibly a deal they could make that was even better. Mr. Winfield asked if the Council supported his request that the Council authorize execution of an agreement as prepared by the City Attorney. City Attorney Hopkins explained that the Charter required approval by the Council and it had been the policy that the Council could not approve something unless they actually saw it. He suggested that a written agreement be submitted to the Council; Mr. Winfield then asked if it would be unreasonable to bring such an agreement back to the Council in one week. It was determined that the issue would again be brought before the Council in one week. MOTION: Councilman Pickler moved to continue consideration of amendment to conditions of approval of Tentative Tract No. 10981 (Condition No. 32) to November 5, 1984 at 1:30 p.m. Councilman Roth seconded the motion. MOTION CARRIED. MOTION: Councilman Pickler moved to approve Tract No. 10983, Condition Nos. 18 and 19 and Tract No. 10984, Condition Nos. 15 and 16 which conditions were a part of the approval of the subject Tracts, with the modification however, that the drain be constructed within one year from today's date or October 23, 1985. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 155: PUBLIC HEARING - TRACT NOS. 10996, 10997 AND 10998: To consider the appeal of the Sea and Sage Audubon Society, Inc., and the Juaneno Band of Mission Indians appealing the decisions of the City Engineer certifying Environmental Impact Report No. 236G; approving the grading plan of Texaco-Anaheim Hills, Inc.; and approving the issuance of a grading permit to 1042 City Hall~ Anahetm~ California - COUNCIL MINUTES - October 23, 1984, 10:00 A.M. Texaco-Anaheim Hills, Inc., relating to the grading of Tract Nos. 10996, 10997 and 10998, located generally southerly of Avenida de Santiago and southwesterly of the terminus of Hidden Canyon Road. Report of the City Engineer dated October 12, 1984 recommended that the Council (1) certify final Environmental Impact Report No. 236-G and make certain findings in conjunction therewith and (2) approve the Grading Plan of Texaco-Anaheim Hills Inc. and issuance of a Grading Permit therefore relating to the Grading of Tract Nos. 10996, 10997 and 10998. The City Engineer of the City of Anaheim as the decision making body of the lead agency for purposes of the said project reviewed and evaluated the comments received from public agencies and persons who reviewed the draft EIR including comments and testimony received at the public hearing of September 14, 1983 and determined that final EIR No. 236-G has been completed in compliance with the California Environmental Quality Act (CEQA) adopting and incorporating the findings of fact, mitigation measures and statement of overriding considerations heretofor adopted by the respective decision-making bodies of the lead agency in conjunction with certification of EIR Reports Nos. 231 and 236 to the extent the same are applicable to the project. Gary Johnson, City Engineer, stated that three months ago he began to review the minutes of the hearing of September 14, 1983, the transcript, the Grading Plan and working with the City Attorney's Office regarding the EIR. It was his recommendation after that review that the Council take the action before them today primarily to certify EIR No. 236-G approving the Grading Plan and approving issuance of the Grading Permit to Texaco-Anaheim Hills. It was his opinion and belief at this time that the concerns of the appellant and his constituents had been dealt with fairly and it would be appropriate to hear from them at this time as well as the proponents. Mayor Roth announced that he had received a message from the City Attorney to read into the record as follows: "Attorney Richard Derevan for Sea and Sage Audobons society and the Juaneno Band of Mission Indians called to advise that he will not oppose the City Engineer's decision." The Mayor then asked if anyone was present to speak to the matter and if there were any representatives present from either Sea and Sage or the Juaneno Band of Mission Indians; there being no response, he closed the public hearing. Councilman Roth offered Resolution No. 84R-425 for adoption, certifying EIR No. 236-G and Resolution No. 84R-425, approving the Grading Plan of Texaco-Anaheim Hills Inc. and approving issuance of a Grading Permit therefor relating to Tract Nos. 10996, 10997 and 10998. Refer to Resolution Book. RESOLUTION NO. 84R-425: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT NO. 236-GAND MAKING CERTAIN FINDINGS IN CONJUNCTION THEREWITH. RESOLUTION NO. 84R-426: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE GRADING PLAN OF TEXACO-ANAHEIM HILLS, INC. AND APPROVING 1043 102 Ctt~ Hall, Anaheim, California - COUNCIL MINUTES - October 23~ 1984, 10:00 A.M. ISSUANCE OF A GRADING PERMIT THEREFOR RELATING TO THE GRADING OF TRACTS 10996, 10997 AND 10998 IN THE CITY OF ANAHEIM. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth None None The Mayor declared Resolution Nos. 84R-425 and 84R-426 duly passed and adopted. RECESS - CLOSED SESSION: Councilman Roth moved to recess into Closed Session. Councilman Pickler seconded the motion. MOTION CARRIED. (3:03 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (4:40 p.m.) ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Pickler seconded the motion. MOTION CARRIED. (4:41 p.m.) LEONORA N. SOHL, CITY CLERK 1044