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1983/05/17City Hall, Anaheim, California - COUNCIL MINUTES - May 17, 1983, 10:00 A.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Pickier, Overholt, Bay and Roth COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts ACTING CHIEF OF POLICE: Jimmie Kennedy CITY ENGINEER: William Devitt BENEFITS MANAGER: R. Thomas Tyre ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: The Reverend Tom Favreau, Hotline Help Center, gave the Invocation. FLAG SALUTE: Councilwoman Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth and authorized by the City Council: 1. Armed Forces Week in Anaheim, May 16-22, 1983. 2. Parliamentary Law Month In Anaheim, Month of May 1983. 3. Pest Control Month in Anaheim, Month of June 1983. 4. Management Week in Anaheim, June 5-11, 1983. 5. VFW Auxiliary Buddy Poppy Days in Anaheim, May 27 and 28, 1983. 6. American Legion Auxiliary Poppy Days in Anaheim, May 13 and 14, 1983. The first proclamation was accepted by Captain Tony VanDyke; the second by Irma Van Buren; the third by Steven Diaz; the fourth by Lee Sterzer and Vic Hansen; the fifth by Kay Davis of Anaheim Post No. 3173 Women's Auxiliary; and the sixth by Evelyn Schooler. 119: PRESENTATION: Mr. Bob Lutes, President of the Anaheim Shores Homeowners Association, presented a check for 3500 to Mayor Roth for the Anaheim Police Association Widows and Orphans Fund in appreciation for the fine job the Police Department had done relative to an incident that took place in their community. Mayor Roth accepted the check on behalf of the Police Association and thanked Mr. Lutes and the Association for their contribution. 382 City Hall, Anaheim, California - COUNCIL MINUTES - May 17, 1983, 10:00 A.M. 119: PRESENTATION: Mrs. Fran Watt, President, Soroptimist International of Anaheim, presented a reimbursement check for ~1,000 to the Mayor for the Pearson Park Readerboard which was their annual payment for the board. Mayor Roth, on behalf of the Council and the City, accepted the check and thanked Mrs. Watt and the Soroptimist Club for their generous and ongoing contributions. 119: RESOLUTION OF COMMENDATION: A Resolution of Commendat.~.on was unanimously adopted by the City Council for Wallace D. Linn, recipient of the City of Hope Spirit of Life Award to be presented on June ~. 1983. Mr. Herb Leo accepted the resolution on behalf of Mr. Linn. MINUTES: Approval of the minutes was deferred to the next regular meeting. 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 Bay seuonded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~3,193,936.82, in accordance with the 1982-83 Budget, were approved. RECESS - CLOSED SESSION: City Manager Talley requested a C3osed Session to discuss a personnel matter with action anticipated. Councilman Pickler moved to recess into Closed Session. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (11:15 a.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (11:25 a.m.) 153: APPOINTMENT OF CHIEF OF POLICE: (A verbatim transcript of this portion of the meeting is on file in the City Clerk's office.) City Manager Talley announced that in accordance with the provisions of the City Charter, he had today appointed as Chief of Police following an extensive multi-month search, Jimmie D. Kennedy, who had been Acting Chief and Captain of the Anaheim Police Department, and further, requested the City Council to approve the appointment. MOTION: Councilman Roth moved to approve the City Manager's af~pointment of Jimmie D. Kennedy as Chief of Police for the City of Anaheim. Councilwoman Kaywood seconded the motion. MOTION CARRIED UNANIMOUSLY. City Clerk Linda Roberts thereupon administered the oath of offtce to Chief of Police Kennedy. 383 City Hall, Anaheim, California - COUNCIL MINUTES - May 17, 1983, 10:00 A.M. Council Members Roth, Kaywood, Bay, Overholt and Pickler, respectively, expressed their congratulations on the appointment of Chief Kennedy, each commenting on why they felt Chief Kennedy's appointment to the position was such a positive action. Chief of Police Jimmie Kennedy then spoke and stated it was one of the proudest days in his life. He thanked Mr. Talley for the confidence he had shown in him and also thanked his staff with whom he had worked so closely during the last year in his capacity as Acting Chief of Police. He also thanked his family who were present in the Chambers audience for standing beside him all through the years. It was with a great deal of pleasure that he was able to accept the position, and he was looking forward to working with the management staff of the City. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman Kaywood, seconded by Councilman Pickler, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilwoman Kaywood offered Resolution Nos. 83R-193 through 83R-201, both inclusive, for adoption. Refer to Resolution Book. Councilwoman Kaywood offered Ordinance No. 4430 for first reading. 1. 118: The following claims were filed against the City and action taken as recommended: A. Claims rejected and referr.ed to Risk Management: 1. Claim submitted by Robert O. Wiles for personal injury damages purportedly sustained due to a trip-and-fall accident on the sidewalk in front of 2203 East Lincoln Avenue,.on or about April 5, 1983. 2. Claim submitted by Ronald D. Usher for personal property damages to tire purportedly sustained due to parking barrier in the Convention Center underground parking lot, on or about January 9, 1983. 3. Claim submitted by Robert H. Caddoo, III, for personal property damages to car purportedly sustained due to condition of street on Orangwood Avenue near Lida, 'on or about March 9, 1983. 4. Claim submitted by Catherine Duncan for personal injury damages purportedly sustained due to an accident with a City-owned vehicle at the intersection of West Street and Broadway, on or about January 2, 1983. 5. Claim submitted by Robert L. Miller for personal injury damages purportedly sustained due to a trip-and-fall accident on the sidewalk in front of 877 South Lemon Street, on or about March 18, 1983. 6. Claim submitted by William A. Wolfson for personal property damages to coat and pen purportedly sustained due to actions of a City employee at the Convention Center, on or about March 29, 1983. 384 City Hall, Anaheim, California - COUNCIL MINUTES - May 17, 1983, 10:00 A.M. 7. Claim submitted by Penny L. Foreman for personal injury damages purportedly sustained due to a slip-and-fall accident at the Convention Center, on or about January 8, 1983. ~ 8. Claim submitted by John E. Slinzak for personal property damages to lights purportedly sustained due to a power surge at 320 North Park Vista, #54, on or about January 31, 1983. B. Applications for Leave to Present a Late Claim rejected: 9. Application for Leave to Present a Late Claim submitted by Tim Paerels for personal property damages to car purportedly sustained due to failure of the City to provide warnings about a downed lamp post on Harbor Boulevard between Lemon and Lincoln, on or about November 18, 1982. 10. Application for Leave to Present a Late Claim submitted by Raymond, Ellen C. and Patrtcia Brouillette for personal property damages purportedly sustained due to negligence on the part of the City at 1639 West Ball Road, Apartment #8, on or about April 21, 1982. 2. The following correspondence was ordered, received and filed: a. 107: Planning Department, Building Division--Monthly Report for April 1983. 3. 108: The following applications were approved in accordance with the recommendations of the Acting Chief of Police. a. Public Dance Permit, Samuel Q. Carbajal, Genre Productions of Orange County, to hold a dance at the American Legion Hall, 936 North Lemon Street, on May 28, 1983, from 8:00 p.m. to 1:00 a.m. b. Pool Room Application, Gary John Turnbull, Hollywood A-Go-Go, 508 South Knott Street, to permit 3 pool tables. 4. 160: Accepting the low bids of Winona Van Norman Western Sales Co. in the amount of $19,143.60, plus freight, for one brake drum lathe and load compensator, Item No. 1; and Brake Supply Company in the amount of $4,342.78 for one brake shoe arcing machine, Item No. 2, in accordance with Bid No. 3968. 5. 160: Accepting the low bids of General Electric Co. in the amount of ~50,880 for eight hundred luminaires, Item No. 1; and General Electric Supply in the amount of $9,438.24 for eight hundred lamps, Item No. 2, in accordance with Bid No. 3964. 169: RESOLUTION NO. 83R-193: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: LAKEVIEW AVENUE/LA PALMA AVENUE STREET IMPROVEMENT, IN THE CITY OF ANAHEIM, ACCOUNT NO. 46-792-6325-E2850. (Bids to be opened June 16, 1983, 2:00 p.m.) 385 City Hall, Anaheim, California - COUNCIL MINUTES - May 17~ 1983~ 10:00 A.M. 164: RESOLUTION NO. 83R-194: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: STINSON STREET STORM DRAIN AND WATER IMPROVEMENT, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 24-791-6325-E1280 AND 53-606-6329-27530-34320. (Bids to be opened June 16, 1983, 2:00 p.m.) 165: RESOLUTION NO. 83R-195: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE SITE CLEARANCE, GRADING, ALLEY AND STREET IMPROVEMENTS EAST OF HARBOR BOULEVARD BETWEEN CYPRESS STREET AND CHARTRES STREET, IN THE CITY OF ANAHEIM, ACCOUNT NO. 46-793-6325-E3690. (Kovac's Construction Company, ~52,280) 150: RESOLUTION NO. 83R-196: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: PARK IDENTIFICATION SIGNS, IN THE CITY OF ANAHEIM, ACCOUNT NO. 01-283-7105. (Steve Pandza Constructors, contractor) 153: RESOLUTION NO. 83R-197: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 83R-135 NUNC PRO TUNC. (to add the upgrade status to the classifications of Word Processing Operator Trainee-C and Word Processing Operator I-C.) i53: RESOLUTION NO. 83R-198: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 83R-136 NUNC PRO TUNC. (to add the upgrade status to the classifications of Word Processing Operator Trainee and Word Processing Operator I) 158: RESOLUTION NO. 83R-199: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (R/W #2800-8, Anaheim Boulevard Widening) 158: RESOLUTION NO. 83R-200: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A CERTAIN DEED AND ORDERING ITS RECORDATION. (Central Capital Corporation) 175/142: ORDINANCE NO. 4430: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 10.20.120 OF CHAPTER 10.20 OF TITLE 10 OF THE ANAHEIM MUNICIPAL CODE RELATING TO CONSTRUCTION AND DESTRUCTION OF WELLS. 175/142: RESOLUTION NO. 83R-201: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING A PERMIT FEE SCHEDULE FOR THE CONSTRUCTION AND DESTRUCTION OF WELLS IN THE CITY OF ANAHEIM. ' 386 City Hall, Anaheim, California - COUNCIL MINUTES - May 17, 1983, 10:00 A.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood Pickler, Overholt, Bay and Roth None None MOTION CARRIED. The Mayor declared Resolution Nos. 83R-193 through 83R-201, both inclusive, duly passed and adopted. 108: ENTERTAINMENT PERMIT APPLICATION - HUMDINGER #4: Entertainment Permit Application submitted by Scott Ernest Slayton, Humdinger #4, 2660 West Lincoln Avenue, to permit one dancing girl, seven days a week, from 11:00 a.m. to 2:00 a Councilwoman Kaywood stated she would register her "No" vote, because the Humdinger was not what she would call a good addition to the City. She felt it was downgrading the City. Councilman Pickler concurred. He would continue to register his complaint and a "No" vote any time they started putting dancing on stage to stimulate business. Councilwoman Kaywood noted they were requesting that the dancing girl start at ll:O0 a.m. up to 2:00 a.m. Councilman Overholt asked if she would like to have a Police Report and, if so, he would move to continue the matter one week. City Manager Talley asked for clarification as to the specific concern; Councilman Overholt stated that Councilwoman Kaywood had a concern about the Humdinger and that the addition of a dancing girl could create a problem in her mind. The request would be to have a Police Report on the Humdinger. MOTION: Councilman Overholt moved to continue a decision on the subject request for an Entertainment Permit on the Humdinger to May 24, 1983, and that the Police Department submit a'report. Councilman Roth seconded the motion. MOTION CARRIED. 129: AWARD OF CONTRACT - FIRE STATION NO. 8 STORAGE BUILDING: City Engineer William Devitt explained for Councilwoman Kaywood that the original bid on the subject was $57,000 and the low bid now was $71,400. However, the Fire Department had only $60,000 budgeted for the project and decided to proceed by deleting the restroom and the parking area east of the building, thus bringing the cost down to $60,800 (see memorandum dated May 6, 1983, from the City Engineer). Councilman Roth offered Resolution No. 83R-202 for adoption, awarding a contract to the lowest and best responsible bidder, Diversified Pacific Construction Company, Inc., in the amount of $60,800 for Fire Station No. 8 Storage Building, Account No. 24-914-6325, as recommended in memorandum dated May 6, 1983, from the City Engineer. Refer to Resolution Book. 387 City Hall, Anaheim, California - COUNCIL MINUTES - Mz~ 17, 1983, 10:00 A.M. RESOLUTION NO. 83R-202: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE FIRE STATION NO. 8 STORAGE BUILDING, IN THE CITY OF ANAHEIM, ACCOUNT NO. 24-914-6325. (Di versified Pacific Construction Company, Inc., ~60,800) Roll Call Vote: AYES: NOES: AB SENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood Pickler, Overholt, Bay and Roth None None The Mayor declared Resolution No. 83R-202 duly passed and adopted. 108/142: PROPOSED ORDINANCE INCREASING THE TRANSIENT OCCUPANCY TAX: City Manager William Tallex referred to his memorandum dated May 11, 1983, recommending that the Council increase the Transient Occupancy Tax (TOT) to 8 percent, effective July 1, 1983. In the staff report (on file in the City Clerk's office), he briefly summarized some of the problems they had in balancing this year's budget both from a standpoint of requests they received and also because of revenue sources that had been declining substantially in recent years. He pointed that out to the Council so that they might begin their policy discussion regarding the 1983-84 budget ~s soon as possible and because he had come to the conclusion that after remo~'ing some $10 million worth of requests that would be presented to the Coun il, removal of another $2 million worth of revenues would not, in his opinio_, reflect Council Policy. It would require substantial reductions in service levels. He was bringing before the Council today an Occupancy Tax Survey on what he considered the majority of the competition throughout the United States, averaging approximately 8.34 percent. His recommendation was that Council, rather than considering other revenue sources that would impact the local community more directly, that they consider increasing the Transient Occupancy Tax to 8 percent as one method to provide the City with a stable, long-term and consistent revenue source that would allow him to present a balanced budget. The item was being presented to the Council today primarily for discussion purposes and if Council wished, the Ordinance could be introduced, the only caveat being that he had requested the City Attorney to provide an amendment leaving the effective date blank. His r.~commendation was that July 1, lQ§3, Be the appropr{ate t{me ~or beg{nn~r~ t}~e new rate. I~ Council did not introduce the ordinance next week for first reading, the effective date would be in the middle of a month. He emphaslz.~d that any time they wanted to start it, it should be at the first of a month for bookkeeping/accounting purposes. Councilman Roth responded first and stated that as an individual he personally opposed raising taxes. However, he had indicated to staff if there was a consensus of the hotel/motel owners in the area s~-,~portive of such an action where it was not harmful to the tourist industry, he would also support the proposed increase. He wanted some effort to be made to contact the Visitor and Convention Bureau (V&C) Board to ask them their position. Industry should 388 City Hall, Anaheim, California - COUNCIL MINUTES - May 17, 1983, 10:00 A.M. know that the increase would raise approximately $2.5 or $2.8 million and that $2 million of that would be used to balance a deficit in the City budget, with only approximately $300,000 to be used for promotion of the industry. He felt they had not done their homework with the industry as yet. Councilman Overholt stated that for some months, he had directed attention to the possibility of raising the TOT to 8 percent, not as a budget balancing device, but primarily as a device to seek a source of revenue that would relieve the burden on the tourist area. He felt that the proposed increase in the TOT had to be viewed not as a one-time budget balancing device. If that were the only purpose, he would vote against it. It should instead be viewed as a reasonable source of revenue to keep the City up to speed as a tourist-convention-sports destination. He knew from talking to members of the hotel industry and members of the V&C organization they had the same feeling. He agreed that they should give ample opportunity for discussion and input, but his position now was that he was very much in favor of increasing the TOT to 8 percent, as recommended, but the primary thrust would be to improve their facilities, so that the tourist industry would be successful over the long term. His personal preference would be not to have a first reading on the ordinance today, but he intended to offer the ordinance for first reading next week and then if there were groups who felt they needed additional time to study the issue and take appropriate action, he would be willing to defer the final reading until such time as they could make those recommendations, within a reasonable period of time. Councilman Bay recalled that at the January 26, 1983, meeting with staff to discuss budget policy, he stated that he felt strongly that any action to increase taxes in the City should be preceded by four steps: (1) Operational austerity in cutting costs at the time they were looking at things that were going to cause the need for more revenue; (2) that the administration prove the need for that revenue; (3) in the case of a room tax, that the business leaders of that industry be sold on that need and support that increase; and (4) that adequate advertised public hearings occur to obtain public input. Councilman Bay then elaborated on each of the four aforementioned steps and in concluding, stated that he had seen nothing thus far to convince him that next year was going to require another ~2 million in revenue in order to balance the City's budget. He felt the time to look for new revenues was after the budget had been reviewed in detail by the Council. He emphasized it was very important before the Council voted to approve any new tax that it be convinced thoroughly that there were not other ways to balance the budget. At this time, he opposed any new tax to balance a budget he had not yet seen. Councilwoman Kaywood, responding to Councilman Bay's presentation, pointed out that the Charter clearly stated it was the duty of the City Manager to present the budget, and she felt that Councilman Bay would like the Council to be the budget makers all year long, but that was not a mandate of the Charter. She felt that in implementing an increase in the TOT by 2 percent, comparing that with all of the cities with which Anaheim was in competition, Anaheim was still lower than all of them. It was important to give the visitors and 389 City Hall, Anaheim, California - COUNCIL MINUTES - May 17, 1983, 10:00 A.M. conventioneers the kind of City they wanted to be in. Anaheim had been able to keep up to date so far, but if it started to erode and become depressed, the City's visitors would look for a newer and better place to go. Then, it was going to cost millions of dollars in not having conventions held in the City. Further, the City must be able to cope with emergencies and they had been having them all year long with the heavy rainfall, flooding, heavy winds, etc. In concluding, Councilwoman Kaywood posed questions to the City Manager regarding the estimated impact on the City of the Governor's budget proposal as amended. After ~r. Talley answered the questions posed by Councilwoman Kaywood, additional discussion and questioning followed between Council Members and staff, including input given by Tom Tyre, Benefits and Training Manager, on Public Employees Retirement System (PERS) in answer to questions posed by Councilman Bay. Councilman Pickler stated bringing the TOT before the Council today provided for the dialogue that had taken place, a few Council Members had spoken with members of the V&C and the issue had been advertised clearly in the local newspapers. They were also going to give an extra week so that the V&C could make their position known. They did have transportation and circulation problems in the commercial-recreation area and there was need for assistance in that area. There was no further action taken by the Council. It was determined that first reading of the ordinance would take place in one week and in the meantime, staff was going to contact the V&C Bureau Board of Directors to ascertain their position on the issue. 152: PERSONS AUTHORIZED TO ACT FOR THE CITY IN SMALL CLAIMS ACTIONS: Councilman Overholt offered Resolution No. 83R-203 for adoption, authorizing certain persons to act for the City in connection with Small Claim actions, and superseding Resolution No. 83R-52, as recommended in mem°randum dated May 9, 1983, from the City Attorney. Refer to Resolution Book. RESOLUTION NO. 83R-203: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING CERTAIN PERSONS TO ACT FOR THE CITY OF ANAHEIM IN CONNECTION WITH SMALL CLAIM ACTIONS, AND SUPERSEDING RESOLUTION NO. 83R-52. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Resolution No. 83R-203 duly passed and adopted. 139: "GRANNY" UNITS LEGISLATION: Councilwoman Kaywood again broached the subject of the "Granny" unit legislation which would become effective on July 1, 1983, and expressed her concern that if the City did not have an ordinance relative to such units to protect their site development standards, State law would preempt local law. 390 City Hall, Anaheim, California - COUNCIL MINUTES - May 17~ 1983, 10:00 A.M. City Attorney William Hopkins explained that at this time, they felt the City's building standards adequately protected the City. Any person coming in would be subject to the City's standards of the Building Code, which should take care of any problems. He Would give it further study and submit a written report on the matter next week. 108: APPEAL OF TRANSIENT OCCUPANCY TAX FINDINGS - CASA CORDOVA: Setting a date and time to consider the appeal filed by T. M. Phelan, Village Inn Investors, Limited, of the decision of the City Auditor relating to the Transient Occupancy Tax findings on the Casa Cordova, 3360 West Lincoln Avenue. Lynn Baird Albertsen, Staff Attorney for the Phelan Group, 630 South Glassell Street, Orange, was present relative to a letter dated May 6, 1983, from Mr. T. M. Phelan, General Partner of the Phelan Group, which was an official written notice of the dates of their desire to appeal the City's tax findings on the subject property and requesting two or three alternative dates for the hearing before the Council. Ms. Albertsen stated the preferred date would be June 14, 1983. After discussion between Council, staff and Ms. Albertsen relative to a date and time most favorable to all concerned, on motion by Councilman Pickler, seconded by Councilman Bay, July 12, 1983, at 10:00 a.m., was set as the date and time to consider the appeal filed by T. M. Phelan relating to the Casa Cordova, 3360 West Lincoln Avenue. MOTION CARRIED. 108: POOL ROOM PERMIT APPLICATION - BIG JOHN'S BILLIARDS: Pool Room Permit Application submitted by Gary Jay Chopic, Big John's Billiards, 807 East Orangethorpe Avenue, to permit 40 pool tables, continued from the meetings of May 3 and 10, 1983 (see minutes those dates). City Clerk Roberts announced that the petitioner had now properly completed the Pool Room Permit Application and approval was recommended by the Chief of Police. Councilman Pickler moved to approve the Pool Room Permit Application submitted by Gary Jay Chopic, Big John's Billiards, 807 East Orangethorpe Avenue, to permit 40 pool tables. Councilman Bay seconded the motion. MOTION CAi{RIED. 1812 REAPPOINTMENT OF REPRESENTATIVE TO THE PATRONS OF T~E ARTS, FULLERTON COLLEGE: Councilman Overholt moved to reappoint Mrs. Vicki Thompson as the City representative for a two-year term on the Board of Directors of the Patrons of the Arts at Fullerton College, as requested in letter dated April 27, 1983, from Faye Mul!ins, President of the Board. Councilman Roth seconded the motion. MOTION CARRIED. It was determined the City would pay the $15 annual membership dues for Mrs. Thompson for 1983-84. Mrs. Nease had called the City to indicate that she would continue to pay her $15 annual dues. 391 City Hall, Anaheim, California - COUNCIL MINUTES - May 17, 1983, 10:00 A.M. 147: COUNTY SANITATION DISTRICTS OF ORANGE COUNTY - REQUESTING APPROVAL OF POLICY: Donald A. Holt, Jr., Joint Chairman, requesting City approval of the policy of the Joint Boards of County Sanitation Districts that each member agency have a single director and an alternate to represent all Districts of which the agency is a member. (See his letter dated April 20, 1983--on file in the City Clerk's office.) Councilman Roth moved to approve the policy proposed by the County Sanitation Districts urging each member agency to have a single director represent all Districts of which the agency is a member, as outlined in letter dated April 20, 1983, from Mr. Holt, and as set forth in Resolution No. 83-34 of the Joint Boards of Directors of County Sanitation Districts Nos. 1, 2, 3, 5, 6, 7 and 11. Councilwoman Kaywood seconded the motion. Before a vote was taken, Councilwoman Kaywood stated she had one further item and perhaps it needed to be a separate motion. She would like to see the $75 payment that each Board representative received be reverted back to the $50 fee previously paid, because mileage was paid separately. Councilman Bay suggested that they first vote on the original motion. A vote was then taken on the motion offered by Councilman Roth. MOTION CARRIED. MOTION: Councilwoman Kaywood moved that a recommendation be sent to the County Sanitation Districts that the $50 per meeting fee for Board representatives be reinstated, rather than the present ~75 fee. Before any action was taken, Mayor Roth stated that the motion had already been approved and implemented by an overwhelming majority of the 20 cities representing the Sanitation Districts. He saw no reason whatsoever to pass the motion. Councilwoman Kaywood stated that it never was presented to the cities, but it was done at the Sanitation Districts and thus no cities had an opportunity to vote on it or the people; Mayor Roth stated that was correct. The motion died for lack of a second. 129; LIFE SAFETY PROGRAM FOR THE DISABLED: City of Orange, Mayor Jim Beam, inviting the City to participate in the Life Safety Program for the Disabled with the City of Orange, the International Association of Fire Fighters and the Muscular Dystrophy Association. Mayor Roth stated he had the opportunity on May 9, 1983, to attend a two-hour demonstration on the subject program. He was impressed especially with the fact that there would be no cost to the taxpayers for the program, but that the Fire Association was going to pick up the cost of the equipment. 392 City Hall, Anaheim, California - COUNCIL MINUTES - Ma~ 17, 1983, 10:00 A.M. Mr. Jim Scherler, President of the Anaheim Firefighters Association, invited the City of Anaheim to join in participation with the International Association of Firefighters and the Muscular Dystrophy Association in the Life Safety Program. The program was sponsored by the International Association of Firefighters and Muscular Dystrophy and had the full support of the Anaheim Fire Department and Anaheim Firefighters Association. He invited a member of the Association to come forward to briefly discuss the program. Mr. Rene Garcia, Anaheim Firefighters Association, first emphasized that the program was funded exclusively by the Muscular Dystrophy Association working in conjunction with the International Association of Firefighters. The two agencies developed the special program designed to provide an avenue for handicapped and disabled citizens to notify the Fire Department in the event of a medical or fire emergency. He referred to the brief description which had been submitted to the Council to show how the program worked (see letter dated May 12, 1983, from Mr. Garcia--Reference: Life Safety Program, on file in the City Clerk's office). In concluding his presentation, Mr. Garcta introduced a coordinator from the Muscular Dystrophy Association. Miss Carol Owsiany, Patient Service Coordinator for the Muscular Dystrophy Association, then read a letter from Mr. Robert Castro, President of the Chapter, a~dressed to Mayor Roth and members of the City Council, urging them to participate in the Life Safety Program and to enhance the excellent services now being provided to the community. Councilwoman Kaywood stated that she realized it was a pilot program and she was fully in support. She asked, however, if after the pilot program was completed, was there a possibility that there would be a request for funding from the City. Miss Owsiany stated she did not have the answer at this time and this was Phase I of the project; Mr. Scherler also confirmed that the intent at this time was a pilot program. The International Association of Firefighters and the Muscular Dystrophy Association were jointly looking into alternative funding if the program was accepted. MOTION: Councilman Roth moved that the City participate in the Life Safety Program for the disabled with the City of Orange on a 6-month trial basis, with an agreement to be provided and submitted to the City Attorney. Councilwoman Kaywood seconded the motion. MOTION CARRIED. i70: FINAL MAP, TRACT NO. 11820: Developer, The Barisic Company of Irvine; tract is located at the northerly terminus of Hayward Street, north of Rome Avenue, and contains a one lot, 30-unit, RM-3000 zoned subdivision. The City Engineer recommended approval subject to approval of the CC&R's by the City Attorney's office and the Engineering Division. On motion by Councilman Roth, seconded by Councilman Pickler, the proposed subdivision, together with its design and improvement, was found to be consistent with the City's General Plan, and the City Council approved Final Map Tract No. 11820,. as recommended by the City Engineer in his memorandum dated May 9, 1983. MOTION CARRIED. 393 City Hall, Anaheim, California - COUNCIL MINUTES - May 17, 1983, 10:00 A.M. 170: TENTATIVE TRACT NOS. 10980, 10981. and 10982: Kaufman & Broad, Inc., to establish Tract No. 10980, a 163-1ot (plus two open space lots) RS-5000 (SC) zoned subdivision; Tract No. 10981, a 163-1ot (plus two open space lots, fire station and park site lots) RS-5000(SC) zoned subdivision; and Tract No. 10982, a l-lot, 73-unit (plus library site lot) RM-3000(SC) zoned subdivision on property located southwest of the intersection of Santa Ana Canyon Road and the proposed southerly extension of Weir Canyon Road (continued from the meeting of May 10, 1983--see minutes that date). The City Planning Commission, at their meeting of May 2, 1983, found that the proposed subdivisions, together with their design and improvements, were consistent with the City of Anaheim General Plan, pursuant to Government Code Section 66473.5, and, therefore~ approved Tentative Map Tract Nos. 10980, 10981 and 10982 subject to the following conditions: Tract No. 10980: 1. That should this subdivision be developed as more than one subdivision, each subdivision thereof shall be submitted in tentative form for approval. 2. That in the event subject property is to be divided for the purpose of sale, lease, or financing, a parcel map to record the approved division of subject property shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. 3. That prior to final tract map approval, street names shall be approved by the City Planning Department. 4. That temporary street name signs shall be installed prior to any occupancy if permanent street name signs have not been installed. 5. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. If, in the preparation of the site, sufficient grading is required to necessitate a grading permit, no work on grading will be permitted between October 15th and April 15th unless all required off-site drainage facilities have been installed and are operative. Positive assurance shall be provided to the City that such drainage facilities will be completed prior ~o October 15th. Necessary right-of-way for off-site drainage facilities shall be dedicated to the City, or the City Council shall have initiated condemnation proceedings therefor (the costs of which shall be borne by the developer) prior to the commencement of grading operations. The required drainage facilities shall be of a size and type sufficient to carry runoff waters originating from higher properties through subject property to ultimate disposal as approved by the City Engineer. Said drainage facilities shall be the first item of construction and shall be completed and be functional throughout the tract and from the downstream boundary of the property to the ultimate point of disposal prior to the issuance of any final building inspections or occupancy permits. Drainage district reimbursement agreements may be made available to the developers of said property upon their request. 394 City Hall, Anaheim, California - COUNCIL MINUTES - May 17, 1983, 10:00 A.M. 6. 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 Ana River by storm water originating from or flowing through this project. 7. That all lots within this tract shall be served by underground utilities. 8. 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. 9. That prior to final street inspections, "No parking for street sweeping" signs shall be installed as required by the Street Maintenance and Sanitation Division and in accordance with specifications on file with said division. 10. That the seller shall provide the purchaser of each residential dwelling with written information concerning Anaheim Municipal Code Section 14.32.500 pertaining to "Parking restricted to facilitate street sweeping". Such written information shall clearly indicate when on-street parking is prohibited and the penalty for violation. 11. That prior to final tract map approval, the original documents of the covenants, conditions, and restrictions, and a letter addressed to developer's title company authorizing recordation thereof, shall be submitted to the City Attorney's Office and approved by the City Attorney's Office, Public Utilities Department and Engineering Division. Said documents, as approved, will then be filed and recorded in the Office of the Orange County Recorder. 12. That prior to final tract map approval, the tentative maps shall be revised to show that Street "D" and Street "C" shall be a minimum of 54 feet in width with a 40-foot traveled way from curb to curb; and that all cul-de-sacs shall be constructed in accordance with the City of Anaheim Standard Plans. 13. That fuel breaks shall be provided as determined to be necessary by the Chief of the Fire Department. 14. That native slopes adjacent to newly constructed homes shall be hydroseeded with a low fuel combustible seed mix. Such slopes shall be sprinklered and weeded as required to establish a minimum of 100 feet of separation between flammable vegetation and any structure. 15. That reasonable landscaping, including irrigation facilities, shall also be installed in the uncemented portion of the parkway of any arterial street and any interior or collector street where there is an adjacent slope to be maintained by the Homeowners Association. The Homeowners Association shall assume the responsibility for maintenance of said parkway landscaping. 16. That prior to final tract map approval, positive assurance shall be provided the City Engineer that the existing offsite drainage facilities are adequate to handle on a temporary basis the increased drainage from subject 395 City Hall, Anaheim, California - COUNCIL MINUTES - May 17, 1983, 10:00 A.M. property in addition to the drainage presently being handled by these facilities. The developer shall post bonds with the City prior to approval of grading plans for subject property, in the amount and form approved by the City of guarantee the construction of the ultimate offsite facilities prior to the commencement of any grading on phase four of the development of the Bauer Ranch. 17. That approval of the final Map of Tract No. 10980 is subject to the completion of Reclassification No. 77-78-64. 18. That the petitioner shall present evidence that the proposed subdivision shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision prior to the issuance of building permits. 19. That prior to final tract map approval, all public facilities (including equestrian and hiking trail location) proposed either within or adjacent to the proposed subdivision shall be designated to conform to the Public Facilities Plan for Development of the Bauer Ranch as adopted by City Council on March 17, 1981, and any further amendments pertaining to said plan. 20. -That prior to or in conjunction with final tract map recordation, the owner(s) of subject property shall dedicate and improve a 10-foot wide equestrian and hiking trail as shown on the Equestrian and Hiking Trails Component of the Anaheim General Plan and also 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 said improvements in accordance with standard plans and specifications on file in the Office of the City Engineer. 21. That in accordance with the requirements of Section 18.02.047 of the Anaheim Municipal Code pertaining to the initial sale of residences in the City of Anaheim Planning Area "B", the seller shall provide each buyer with written information concerning the Anaheim General Plan and the existing zoning within 300 feet of the boundaries of subject tract. 22. That prior to final tract map approval, final specific plans shall be submitted to the Planning Department and approved in accordance with provisions of Chapter 18.85 of the Anaheim Municipal Code~ the "PC" Planned Community Zone. Said plans shall include any proposed specimen tree removal, which removal is subject to the tree preservation regulations in Chapter 18.84 of the Anaheim Municipal Code, the "SC" Scenic Corridor Overlay Zone. 23. That prior to final tract map approval, the owner(s) of subject property shall obtain a waiver of the Hillside Grading Ordinance as it pertains to the location of lot lines and tract boundaries at the top of the slopes. 24. That prior to final tract map approval, a bond or other security satisfactory to the City shall be posted with the City to guarantee the construction of a 6-foot high combination concrete masonry and wrought iron wall at the top of slopes and along the property line separating the 396 City Hall, Anaheim, California - COUNCIL MINUTES - May 17, 1983, 10:00 A.M. residential lots and the adjacent regional shopping center site. Said wall shall serve to screen the regional shopping center from the adjacent residences. Said wall shall be constructed prior to final building and zoning inspection of the residences. 25. That prior to final tract map approval, a bond shall be posted with the City to guarantee grading and landscaping of the slope adjacent to the regional shopping center site in accordance with City standards and specifications. Said grading and landscaping to be completed prior to final building and zoning inspections of the residences. 26. That the Homeowners Association of subject property shall enter into a joint agreement with the owner(s) of the regional shopping center to maintain the slope between the two properties. Said agreement shall be submitted to the City Attorney for review and approval prior to the issuance of building permits for residential construction. Said agreement shall subsequently be recorded in the Office of the Orange County Recorder. 27. That the seller shall provide the purchaser of each dwelling unit a copy of the Bauer Ranch General Plan of Development. Said plan shall include all the elements of the Planned Community and shall contain any amendments approved by the Planning Commission and/or City Council. 28. That prior to final tract map approval, the lot lines and rights-of-way as shown on the approved tentative map shall be subject to readjustment as necessary to provide that any lots dedicated or reserved for public facilities shall conform to the needs and requirements of the City as to lot area, access and other design criteria to adequately accommodate such public facilities; and that any such readjustments as required by the City shall be deemed to be in substantial compliance with the approved tentative map. 29. That prior to issuance of a building permit, appropriate park and recreation in-lieu fees shall be paid to the City of Anaheim in an amount as determined by the City Council. 30. That all requirements of Fire Zone 4, otherwise identified as Fire Administrative Order No. 76-01, shall be met. Such requirements include, but are not limited to: chimney spark arrestors, protected attic and under floor openings, Class C or better roofing material and one hour fire resistive construction of horizontal surfaces if located within 200 feet of adjacent brushland. 31. That an erosion siltation control plan must be submitted to and approved by the California Regional Water Quality Board, Santa Ana Region, prior to issuance of a grading permit. 32. That prior to issuance of a building permit, appropriate water assessment fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Utilities General Manager. 397 City Hall, Anaheim, California - COUNCIL MINUTES - May' 17, 1983, 10:00 A.M. 33. That prior to issuance of building permits, the applicant shall present evidence satisfactory to the Chief Building Inspector that the proposed project is in conformance with Council Policy Number 542 "Sound Attenuation in Residential Projects". Tract No. 10981: 1. That should this subdivision be developed as more than one subdivision, each subdivision thereof shall be submitted in tentative form for approval. 2. That in the event subject property is to be divided for the purpose of sale, lease, or financing, a parcel map to record the approved division of subject property shall be submitted to and approved by the City of Anaheim and then be recorded .in the Office of the Orange County Recorder. 3. That prior to final tract map approval, street names shall be approved by the City Planning Department. 4. That temporary street name signs shall be installed prior to any occupancy if permanent street name signs have not been installed. 5. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. If, in the preparation of the site, sufficient grading is required to necessitate a grading permit, no work on grading will be permitted between October 15th and April 15th unless'all required off-site drainage facilities have been installed and are operative. Positive assurance shall be provided to the City that such drainage facilities will be completed prior to October 15th. Necessary right-of-way for off-site drainage facilities shall be dedicated to the City, or the City Council shall have initiated condemnation proceedings therefor (the costs of which shall be borne by the developer) prior to the commencement of grading operations. The required drainage facilities shall be of a size and type sufficient to carry runoff waters originating from higher properties through subject property to ultimate disposal as approved by the City Engineer. Said drainage facilities shall be the first item of construction and shall be completed and be functional throughout the tract and from the downstream boundary of the property to the ultimate point of disposal prior to the issuance of any final building inspections or occupancy permits. Drainage district reimbursement agreements may be made available to the developers of said property upon their request. 6. That grading, excavation, and all other construction activities shall be conducted in such a manner so as to minimize the possibility of any silt originating from this project being carried into the Santa Aha River by storm water originating from or flowing through this project. 7. That all lots within this tract shall be served by underground utilities. 8. 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. 398 City Hall, Anaheim, California - COUNCIL MINUTES - May 17, 1983, 10:00 A.M. 9. That prior to final street inspections, "No parking for street sweeping" signs shall be installed as required by the Street Maintenance and Sanitation Division and in accordance with specifications on file with said division. 10. That the seller shall provide the purchaser of each residential dwelling with written information concerning Anaheim Municipal Code Section 14.32.500 pertaining to "Parking restricted to facilitate street sweeping". Such written information shall clearly indicate when on-street parking is prohibited and the penalty for violation. 11. That prior to final tract map approval, the original documents of the covenants, conditions, and restrictions, and a letter addressed to developer's title company authorizing recordation thereof, shall be submitted to the City Attorney's Office and approved by the City Attorney's Office, Public Utilities Department and Engineering Division. Said documents, as approved, will then be filed and recorded in the Office of the Orange County Recorder. 12. That prior to final tract map approval, the tentative map shall be revised to show that Street "C", Street "F" and Street "G" shall be a minimum of 54 feet in width with a 40-foot traveled way from curb to curb; that if this tract is constructed prior to Tract No. 10982, the entire traveled way of Street "A" shall be constructed with this tract; and that all cul-de-sacs shall be constructed in accordance with City of Anaheim Standard Plans. 13. That prior to issuance of a building permit, appropriate park and recreation in-lieu fees shall be paid to the City of Anaheim in an amount as determined by the City Council. 14. That all requirements of Fire Zone 4, otherwise identified as Fire Administrative Order No. 76-01, shall be met. Such requirements include, but are not limited to: chimney spark arrestors, protected attic and under floor openings, Class C or better roofing material and one hour fire resistive construction of horizontal surfaces if located within 200 feet of adjacent brushland. 15. That fuel breaks shall be provided as determined to be necessary by ~he Chief of the Fire Department. 1G. That native ~lopa~ adjaeant to nawly constructed homa~ ~hall be hydroseeded with a iow fuel combustible seed mix. Such slopes shall be sprlnklered and weeded as required to establish a minimum of 100 feet of separation between flammable vegetation and any structure. 17. That reasonable landscaping, including irrigation facilities, shall be installed in the uncemented portion of the parkway of any arterial street and any interior or collector street where there is an adjacent slope to be maintained by the Homeowners Association. The Homeowners Association shall assume the responsibility for maintenance of said parkway landscaping. 399 City Hall, Anaheim, California - COUNCIL MINUTES - May 17, 1983, 10:00 A.M. 18. That prior to final tract map approval, positive assurance shall be provided the City Engineer that the existing offsite drainage facilities are adequate to handle on a temporary basis the increased drainage from subject property in addition to the drainage presently being handled by these facilities. The developer shall post bonds with the City in the amount and form approved by the City to guarantee the construction of the ultimate offsite facilities prior to the commencement of any grading on phase four of the development of the Bauer Ranch. 19. That an erosion siltation control plan must be submitted to and approved by the California Regional Water Quality Board, Santa Ana Region, prior to issuance of a grading permit. 20. That prior to issuance of a building permit, appropriate water assessment fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Utilities General Manager. 21. That approval of the final map of Tract No. 10981 is granted subject to the completion of Reclassification No. 77-78-64. 22. That prior to issuance of building permits, the applicant shall present evidence satisfactory to the Chief Building Inspector that the proposed project is in conformance with Council Policy Number 542 "Sound Attenuation in Residential Projects". 23. That the petitioner shall present evidence that the proposed subdivision shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision prior to the issuance of building permits. 24. That prior to final tract map approval all public facilities (including equestrian and hiking trail location) proposed either within or adjacent to the proposed subdivision shall be designed to conform to the Public Facilities Plan for Development of the Bauer Ranch as adopted by City Council on March 17, 1981, and any further amendments pertaining to said plan. 25. That prior to or in conjunction with final tract map recordation, the owner(s) of subject property shall dedicate and improve a 10-foot wide equestrian and hiking trail as shown on the Equestrian and ~iktng Trails Component of the Anaheim General Plan and that improvement plans, in accordance with standard plans and specifications on file in the Office of the City Engineer, shall be submitted in conjunction with the grading plan; and/or 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 prior to occupancy. 26. That in accordance with the requirements of Section 18.02.047 of the Anaheim Municipal Code pertaining to the initial sale of residences in the City of Anaheim Planning Area "B", the seller shall provide each buyer with written information concerning the Anaheim General Plan and the existing zoning within 300 feet of the boundaries of subject tract. 400 City Hall, Anaheim, California - COUNCIL MINUTES - Ma~ 17, 1983~ 10:00 A.M. 27. That prior to final tract map approval, final specific plans shall be submitted to the Planning Department and approved in accordance with provisions of Chapter 18,85 of the Anaheim Municipal Code, the "PC" Planned Community Zone. Said plans shall include any proposed specimen tree removal, which removal is subject to the tree preservation regulations in Chapter 18.84 of the Anaheim Municipal Code, the "SC" Scenic Corridor Overlay Zone. 28. That prior to recordation of the final tract map, the developer shall dedicate the fire station and park sites shown on the plans. Within 18 months of the issuance of building permits, the fire station and park sites shall be graded and a cash bond in the amount of $100,000 Shall be deposited with the City to guarantee performance of the grading at the time of final tract map approval. 29. That prior to final tract map approval, the proposed fire station site and park site shall be approved by the Fire Department and Parks and Recreation Department. Said sites shall satisfy the location and site development criteria set forth by the respective City Departments. 30. That prior to final tract map approval, the Public Facilities Plan for the Bauer Ranch shall be amended to show the relocated fire station and park sites. 31. That prior to final tract map approval, the owner(s) of subject property shall obtain a waiver of the Hillside Grading Ordinance as it pertains to the location of lot lines and tract boundaries at the top of slopes. 32. That prior to final tract map approval, the owner(s) of subject property shall enter into a reimbursement agreement with the City for the funding of the fire station and park sites as set forth in the Public Facilities Plan for the Bauer Ranch. 33. That the seller shall provide the purchaser of each dwelling unit a copy of the Bauer Ranch General Plan of Development. Said plan shall include all the elements of the Planned Community and shall contain any amendments approved by the Planning Commission and/or City Council. 34. That prior to final tract map approval, the lot lines and rights-of-way as shown on the approved tentative map shall be subject to readjustment as necessary to provide that any 10ts dedicated or reserved for public facilities shall conform to the needs and requirements of the City as to lot area, access and other design criteria to adequately accommodate such public facilities; and that any such readjustments as required by the City shall be deemed to be in substantial compliance with the approved tentative map. Tract No. 10982: 1. That should this subdivision be developed as more than one subdivision, each subdivision thereof shall be submitted in tentative form for approval. 401 City Hall, Anaheim, California - COUNCIL MINUTES - May 17, 1983, 10:00 A.M. 2. That in the event subject property is to be divided for the purpose of sale, lease, or financing, a parcel map to record the approved division of subject property shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. 3. That prior to final tract map approval, street names shall be approved by the City Planning Department. 4. That temporary street name signs shall be installed prior to any occupancy if permanent street name signs have not been installed. 5. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. If, in the preparation of the site, sufficient grading is required to necessitate a grading permit, no work on grading will be permitted between October 15th and April 15th unless all required off-site drainage facilities have been installed and are operative. Positive assurance shall be provided to the City that such drainage facilities will be completed prior to October 15th. Necessary right-of-way for off-site drainage facilities shall be dedicated to the City, or the City Council shall have initiated condemnation proceedings therefor (the costs of which shall be borne by the developer) prior to the commencement of grading operations. The required drainage facilities shall be of a size and type sufficient to carry runoff waters originating from higher properties through subject property to ultimate disposal as approved by the City Engineer. Said drainage facilities shall be the first item of construction and shall be completed and be functional throughout the tract and from the downstream boundary of the property to the ultimate point of disposal prior to the issuance of any final building inspections or Occupancy permits. Drainage district reimbursement agreements may be made available to the developers of said property upon their request. 6. 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 Ana River by storm water originating from or flowing through this project. 7. That all lots within this tract shall be served by underground utilities. 8. 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. 9. That prior to final street inspections, "No parking for street sweeping" signs shall be installed as required by the Street Maintenance and Sanitation Division and in accordance with specifications on file with said division. 10. That the seller shall provide the purchaser of each residential dwelling with written information concerning Anaheim Municipal Code Section 14.32.500 pertaining to "Parking restricted to facilitate street sweeping". Such written information shall clearly indicate when on-street parking is prohibited and the penalty for violation. 402 City Hall, Anaheim, California - COUNCIL MINUTES - May 17, 1983, 10:00 A.M. 11. That prior to final tract map approval, the original documents of the covenants, conditions, and restrictions, and a letter addressed to developer's title company authorizi,~g recordation thereof, shall be submitted to the City Attorney's Office and approved by the City Attorney's Office, Public Utilities Department and Engineering Division. Said documents, as approved, will then be filed and recorded in the Office of the Orange County Recorder. 12. That prior to f~nal tract map approval, the tentative map shall be revised to show Street "A" shall be a minimum of 54 feet in width with a 40-foot traveled way from curb to curb and that if this tract is constructed prior to Tract No. 70981, the entire traveled way of Street "A" shall be constructed with this [~act. 13. That prior to issuance of a building permit, appropriate park and recreation in-lieu fees shall be paid to the City of Anaheim in an amount as determined by the City Council. 14. That all requirements of Fire Zone 4, otherwise identified as Fire Administrative Order No. 76-01, shall be met. Such requirements include, but are not limited to: chimney spark arrestors, protected attic and under floor openings, Class C or be[ter roofing material and one hour fire resistive construction of horizontal surfaces if located within 200 feet of adjacent brushland. 15. That fuel brea'-s shall be provided as determined to be necessary by the Chief of the Fire D~ ~artment. 16. That native slc?es adjacent to newly constructed homes shall be hydroseeded with a low fuel combustible seed mix. Such slopes shall be sprinklered and weeded as required to establish a minimum of 100 feet of separation between flammable vegetation and any structure. 17. That reasonable landscaping, including irrigation facilities, shall also be installed in the uncemented portion of the parkway of any arterial street and any interior or collector street where there is'an adjacent slope to be maintained by the Homeowners Association. The Homeowners Association shall assume the responsibility for maintenance of said parkway landscaping. 18. That prior to ~inal tract map approval, positive assurance shall be provided the City Engineer that the existing offsite drainage facilities are adequate to handle on a temporary basis the increased drainage from subject property in additio~ to the drainage presently being handled by these facilities. The develc~er shall post bonds with the City in the amount and form approved by the City to guarantee the construction of the ultimate offsite facilities prio~~ to the commencement of any grading on phase four of the development of the Bauer Ranch. 19. That an erosion siltation control plan must be submitted to and approved by the California Regional Water Quality Board, Santa Ana Region, prior to issuance of a grading permit. 4O3 City Hall, Anaheim, California - COUNCIL MINUTES - May 17~ 1983~ 10:00 A.M. 20. That prior to issuance of a building permit, appropriate water assessment fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Utilities General Manager. 21. That approval of the final map of Tract No. 10982 is granted subject to the completion of Reclassification No. 77-78-64. 22. That prior to issuance of building permits, the applicant shall present evidence satisfactory to the Chief Building Inspector that the proposed project is in conformance with Council Policy Number 542 "Sound Attenuation in Residential Projects". 23. That the petitioner shall present evidence that the proposed subdivision shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision prior to the issuance of building permits. 24. That prior to final tract map approval, all public facilities proposed either within or adjacent to the proposed subdivision shall conform to the Public Facilities Plan for Development of the Bauer Ranch as adopted by City Council on March 17, 1981, and any further amendments pertaining to said plan. 25. That in accordance with the requirements of Section 18.02.047 of the Anaheim Municipal Code pertaining to the initial sale of residences in the City of Anaheim Planning Area "B", the seller shall provide each buyer with written information concerning the Anaheim General Plan and the existing zoning within 300 feet of the boundaries of subject tract. 26. That prior to final tract map approval, final specific plans shall be submitted to the Planning Department and approved in accordance with provisions of Chapter 18.85 of the Anaheim Municipal Code, the "PC" Planned Community Zone. Said plans shall include any proposed specimen tree removal, which removal is subject to the tree preservation regulations in Chapter 18.84 of the Anaheim Municipal Code, the "SC" Scenic Corridor Overlay Zone. 27. That prior to recordation of the final tract map, the property owner shall dedicate the library site shown on the plans. Within 18 months of the issuance of building permits, the library site shall be graded and a cash bond in the amount of ~50,000 shall be deposited with the City to guarantee performance of the grading at the time of final tract map approval. 28. That prior to final tract map approval, the proposed library site shall be approved by the Library Department. Said site shall satisfy the location and site development criteria set forth by the Library Department. 29. That the Public Facilities Plan for the Bauer Ranch shall be amended to show the relocated library site prior to final tract map approval. 30. That prior to final tract map approval, the owner(s) of subject property shall obtain a waiver of the Hillside Grading Ordinance as it pertains to the location of lot lines and tract boundaries at the top of slopes. 404 City Hall, Anaheim, California - COUNCIL MINUTES - Ma~ 17, 1983, I0:00 A.M. 31. That prior to final tract map approval, the owner(s) of subject property shall enter into a reimbursement agreement with the City for the funding of the library site as set forth in the Public Facilities Plan for the Bauer Ranch. 32. That prior to final tract map approval, a bond or other security satisfactory to the City shall be posted with the City to guarantee the construction of a 6-foot high combination concrete masonry and wrought iron wall at the top of slopes and along the property line separating the residential lots and the adjacent regional shopping center site. Said wall shall serve to screen the adjacent residences. Said wall shall be constructed prior to final building and zoning inspection of the residences. 33. That prior to final tract map approval, a bond shall be posted with the City to guarantee grading and landscaping of the slope adjacent to the regional shopping center in accordance with City standards and specifications. Said grading and landscaping to be completed prior to final building and zoning inspections of the residences. 34. That the Homeowners Association of subject property shall enter into a joint agreement with the owner(s) of the regional shopping center to maintain the slope between the two properties. Said agreement shall be submitted to th~ City Attorney for review and approval prior to the issuance of building permits for residential construction. Said agreement shall subsequently be recorded in the Office of the Orange County Recorder. 35. That the seller shall provide the purchaser of each dwelling unit a copy of the Bauer Ranch General Plan of Development. Said plan shall include all the elements of the Planned Community and shall contain any amendments approved by the Planning Commission and/or City Council. 36. 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 Ana River by storm water originating from or flowing through this project. 37. That prior to final tract map approval, the lot lines and rights-of-way as shown on the approved tentative map shall be subject to readjustment as necessary to provide that any lots dedicated or reserved for public facilities shall conform to the needs and requirements of the City as to lot area, access and other design criteria to adequately accommodate such public facilities; and that any such readjustments as required by the City shall be deemed to be in substantial compliance with the approved tentative map. It was further determined that Environmental Impact Report No. 256 was previously certified by the City Council on June 8, 1982, for the subject property. 4O5 City Hall, Anaheim, California - COUNCIL MINUTES - May 17, 1983, 10:00 A.M. Assistant Director for Zoning Annika Santalahti explained that the three conditions which were not included at the Planning Commission meeting pertained to the responsibilities for dedication and improvements of streets and some of the utilities tied into the streets. They were conditions that were addressed in the General Plan of Development for the Bauer Ranch, as well as the reclassification previously approved. It was the staff's intent that the conditions be included in every subdivision map or parcel map that would come up in the future. The three specific conditions had been reviewed by Kaufman and Broad, and Mr. Keith Murdoch was present in the Chambers audience and had a copy of the proposed three conditions to be added to each of the tentative tracts under consideration (see Omitted Conditions of Tracts 10980, 10981 and 10982 on file in the City Clerk's office). Mr. Keith Murdoch, agent for Kaufman and Broad, stated they had reviewed the omitted conditions with the City Engineer and Miss Santalahti and were in agreement with the changes that had been discussed. At first they were concerned about the timing called for in the original submission of the omitted conditions which were submitted last week. He reiterated they had reviewed the matter thoroughly with the City Engineer, so that there could be a phasing of the improvements of the three streets mentioned, particularly Santa Ana Canyon Road, upon which he elaborated. He reported, however, that his client was somewhat startled and unhappy with the last provision that came out of the Planning Commission recommendations, that the seller shall provide the purchaser of each dwelling unit a copy of the Bauer Ranch General Plan of Development. They did not expect to be in the publishing business, but they understood the reasons for that. MEss Santalahti explained the reason for such a requirement and confirmed for Councilman Overholt that the requirement had been in the Zoning Code for at least five years. At the conclusion of discussion on the issue, Mr. Murdoch stated he was present today to stipulate to the three (3) omitted conditions on Tracts 10980, 10981 and 10982. City Attorney Hopkins clarified that without such a stipulation, a public hearing would have been required. MOTION: On motion by Councilman R0th, seconded by Councilman Pickler, the proposed subdivisions, together with their design and improvements, were found to be consistent with the City of Anaheim General Plan pursuant to Government Code Section 66473.5 and, therefore, approved Tentative Maps, Tract Nos. 10980, 10981 and 10982, subject to the aforementioned conditions of the Planning Commission and the following three conditions applicable to each tract, as stipulated to by Kaufman and Broad: 1. That prior to final tract map approval, the owner of subject property shall deed to the City of Anaheim a strip of land 148' in width along Santa Ana Canyon Road from Weir Canyon Road to the westerly Bauer Ranch boundary and along Weir Canyon Road from Santa Ana Canyon Road to the southerly Bauer Ranch Boundary a strip of land that varies from 78' to 82' in width along Monte 406 City Hall, Anaheim, California - COUNCIL MINUTES - May 17~ 1983~ 10:00 A.M. Vista Road from Weir Canyon Road to Santa Ana Canyon Road for street widening purposes. The "Bauer Ranch" as identified in this condition shall mean the entire Bauer Ranch Planned Community as shown on Revision No. 2 of Exhibit 1, approved in connection'with the Bauer Ranch General Plan of Development and Reclassification No. 77-78-64, on file with the City of Anaheim. 2. That all engineering requirements of the City of Anaheim along Santa Ana Canyon Road from Weir Canyon Road to the westerly Bauer Ranch boundary and Weir Canyon Road from Santa Ana Canyon Road to the southerly Bauer Ranch boundary and Monte Vista Road from Weir Canyon Road to Santa Ana Canyon Road, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, street grading, pavement, landscaping, and sewer and drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with specification on file in the Office of the City Engineer; and that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of said improvements. Said security shall be posted with the City prior to final tract map approval to guarantee the installation of the above-required improvements as required by the City Engineer. The "Bauer Ranch" as identified in this condition shall mean the entire Bauer Ranch Planned Community as shown on Revision No. 2 of Exhibit 1, approved in connection with the Bauer Ranch General Plan of Development and Reclassification No. 77-78-64, on file with the City of Anaheim. 3. That street lighting facilities along Santa Ana Canyon Road from Weir Canyon Road to the westerly Bauer Ranch boundary, Weir Canyon Road from Santa Ana Canyon Road to the southerly Bauer Ranch boundary and Monte Vista Road from Weir Canyon Road to Santa Ana Canyon Road shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager, and that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of the above mentioned improvements. Said security shall be posted with the City of Anaheim prior to final tract map approval. The above-required improvements shall be installed as required by the Utilities General Manager. The "Bauer Ranch" as identified in this condition shall mean the entire Bauer Ranch Planned Community as shown on Revision No. 2 of Exhibit 1, approved in connection with the Bauer Ranch Ceneral Plan of D~velopm~nt and Reclassification No. 77-78-64, on file with the City of Anaheim. MOTION CARRIED. REQUEST TO CHANGE THE PUBLIC HEARING DATE ON RECLASSIFICATION NO. 82-83-26 (RIVIERA MOBILEHOME PARK): Request by Floyd Farano, Attorney, representing the applicant for Reclassification No. 82-83-26, Riviera Mobile Home Park, 300 West Katella Avenue, to change the public hearing date to June 14, 1983, 1:30 p.m., in order to allow the owner to comply with the written notice provision 407 City Hall, Anaheim, California - COUNCIL MINUTES - May 17, 1983~ 10:00 A.M. of the California Civil Code and Anaheim Municipal Code. (See letter dated May ii, 1983, to Mr. Vincent Janss, attorney for the Mobilehome residents, by Mr. Farano--on file in the City Clerk's office.) A verbatim transcript of the entire discussion under this item, as requested by Mayor Roth and Councilman Overholt, is on file in the City Clerk's office. The following is the action taken by the Council after discussion and input received from Mr. Leon Piercy, resident of the Riviera Mobilehome Park, speaking on behalf of the residents, again requesting that a night hearing be held on the issue. MOTION: Councilwoman Kaywood moved that the public hearing on Reclassification No. 82-83-26, Riviera Mobilehome Park, 300 West Katella Avenue, be held June 7, 1983, at 7:00 p.m. There was no second to the motion. Councilman Overholt moved that the public hearing be set for June 14, 1983, 7:30 p.m. Receiving no second, before any action was taken, Councilman Overholt recommended that they trail the matter and place a call to Mr. Farano's office to see if he would be available on the evening of June 7, 1983. Councilman Bay moved to set the public hearing for June 7, 1983, at 1:30 p.m. Councilman Pickler seconded the motion. Councilman Overholt advised Mr. Farano's letter indicated he would not be available on the afternoon of June 7, 1983. Councilman Overholt again moved to set the public hearing for June 14, 1983, 7:30 p.m. Councilman Roth seconded the motion. Mr. Farano entered the Council Chambers and after Councilman Overholt briefed him on part of the discussion relative to the setting of the public hearing, Mr. Farano asked first if he could check his calendar to be certain he was available. Later in the meeting, Mr. Farano stated his calendar was clear for the evening of June 7, 1983. Councilman Overholt withdrew his motion to set the public hearing for June 14, 1983, 7:30 p.m. Councilwoman Kaywood moved that public hearing on Reclassification No. 82-83-26, Riviera Mobilehome Park, 300 West Katella Avenue, be held June 7, 1983, 7:00 p.m. Councilman Overholt seconded the motion. MOTION CARRIED. 172/142: ORDINANCE NO. 4427: Councilwoman Kaywood offered Ordinance No. 4427 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4427: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.56, SECTION 14.56.040 OF THE ANAHEIM MUNICIPAL CODE RELATING TO CONTROL OF TRAFFIC TURNING MOVEMENTS. (Katella Avenue at Katella Way) 4O8 City Hall, Anaheim, California - COUNCIL MINUTES - May 17, 1983, 10:00 A.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Ordinance No. 4427 duly passed and adopted. 149/142: ORDINANCE NO. 4429: Councilwoman Kaywood offered Ordinance No. 4429 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4429: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 14, CHAPTER 14.32, SECTION 14.32.350 OF THE ANAHEIM MUNICIPAL CODE AND ADDING A NEW TITLE 14, CHAPTER 14.32, SECTION 14.32.350 RELATING TO NO PARKING - TOW AWAY ZONE. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Ordinance No. 4429 duly passed and adopted. 149/142: ORDINANCE NO. 4424: City Clerk Roberts announced that letter dated May 13, 1983, had been .received from Richard Curtis, Treasurer of the Handicapped Committee of Anaheim, endorsing the proposed ordinance. Councilwoman Kaywood offered Ordinance No. 4424 for an amended first reading. ORDINANCE NO. 4424: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 14.32.430 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RELATING TO HANDICAPPED PARKING. 114: CLARIFICATION FROM STORER TV OF BROADCAST TIME OF CITY COUNCIL MEETINGS: Mayor Roth asked that Storer TV submit a schedule of the exact times of broadcast of the City Council meetings, so he could announce those times at next week's meeting. RECESS - CLOSED SESSION: The City Manager requested a Closed Session to discuss labor relations and personnel matters with no action anticipated; the City Attorney r~qu~st~d a C10s~d S~ssion to discuss litigation and potential litigation with possible action anticipated. Councilman Roth moved to recess into Closed Session. Councilman Pickler seconded the motion. MOTION CARRIED. (1:35 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (4:00 p.m.) 409 City Hall, Anaheim, California - COUNCIL MINUTES - Ma~ 17, 1983, 10:00 A.M. 112/153: FRED DAVIS VS. CITY OF ANAHEIM: Councilman Roth moved to authorize the City Attorney to settle Orange County Superior Court Case N°. 38-85-78, Fred Davis vs. City of Anaheim, and all pending Workers Compensation claims and cases against the City of Anaheim filed by Fred Davis for an aggregate sum not to exceed 325,000. Councilman Overholt seconded the motion. MOTION CARRIED. ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Overholt seconded the motion. MOTION CARRIED. (4:01 p.m.) LINDA D. ROBERTS, CITY CLERK 410