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1980/08/0580-960 City Hall, Anaheim, California - COUNCIL MINUTES - August 5, 1980, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts FINANCE DIRECTOR: Geroge P. Ferrone EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Norman J. Priest TRAFFIC ENGINEER: Paul Singer ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti ELECTRICAL ENGINEER MANAGER: George H. Edwards Mayor Seymour called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Mary Hibbard, Anaheim United Methodist Church, gave the Invocation. FLAG SALUTE: Councilman Don R. Roth 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 representatives of the American Riding Club for the Handicapped and Anaco Ranch for their contributions to the handicapped youth and for offering an outstanding equestrian program in their behalf. MINUTES: Councilwoman Kaywood moved to approve hhe minutes of June 3, 1980, subject to typographical corrections. Councilman Bay 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 ordinance or resolution in regular order. Councilman Roth seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST 'THE CITY in the amount of $541,211.58, in accordance with the 1980-81 Budget, were approved. 128: 1979-80 WRITE-OFF OF UNCOLLECTIBLE MISCELLANEOUS ACCOUNTS RECEIVABLE: Councilman Roth, noting report received July 30, 1980 from the Finance Director, commended staff for the major reduction in the subject write-offs which indi- cated that someone was watching those delinquencies closely. Councilman Bay asked how many of the uncollectibles went to collection agencies and to Small Claims Court. Mr. George Ferrone, Finance Director, answered that none had been turned over to agencies or filed with the court, but that did not mean that they wrote off the uncollectibles permanently. They continued their collection efforts on the 80-961 City Hall, Anaheim, California - COUNCIL MINUTES - August 5, 1980, 1:30 P.M. accounts, and on those written off last year, they were able to collect some $16,000 thereafter. The write-off was merely an accounting treatment for those accounts more than two years old. He reiterated that they continued the collec- tion process. Councilman Bay noted there were three ex-Council candidates who did not apparently pay their share of the candidate's statements which were mailed to voters in the City. Although the total amounted to only $491.16 for all three ($163.72 each), he assumed that they still lived in the City and since they had been unsuccessful in their collection efforts, that they could at least take them to Small Claims Court. Also, in looking at some of the more sizable bills on the list, he felt they should also be taking some of those to Small Claims Court, if economically feasible. Councilman Overholt questioned what it would cost to take a claim for $163 to Small Claims Court; Mr. Ferrone stated it would involve staff time to take the claims to court, and they tried to set those up where they could submit several cases at once. Councilwoman Kaywood stated she was also surprised to see one of them was an attorney. She assumed ali three were concerned with their reputations, since it involved a bad debt, and if that were indicated in the letter, she would expect they would pay up; Mr. Ferrone stated they would keep after them. On motion by Councilman Roth, seconded by Councilwoman Kaywood, write-off of uncollectible miscellaneous accounts receivable for 1979-80, totalling $44,550.33, was authorized, as recommended in report received July 30, 1980 from the Director of Finance. MOTION CARRIED. 153: CORRECTING SALARY SCHEDULE OF CLAIMS EXAMINER CLASSIFICATION: Councilman Overholt offered Resolution No. 80R-341 for adoption, as recommended in memoran- dum dated July 30, 1980 from Human Resources Director Garry McRae. Refer to Resolution Book. RESOLUTION NO. 80R-341: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 80R-289, NUNC PRO TUNC, WHICH ESTABLISHED RATES OF COM- PENSATION FOR CLASSES DESIGNATED AS STAFF AND SUPERVISORY MANAGEMENT, BY COR- RECTING THE SALARY SCHEDULE OF THE CLASSIFICATION CLAIMS EXAMINER. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 80R-341 duly passed and adopted. 103: REORGANIZATION NO. 51 - BOUNDARY ADJUSTMENT BETWEEN THE CITY OF ANAHEIM AND ORANGE: Councilman Roth offered Resolution No. 80R-342 for adoption, as recommended in memorandum dated July 23, 1980 from Robert Kelly, Associate Planner, consenting to the detachment of certain uninhabited territory from the City and the annexation of said territory to the City or Orange, designated as Reorganization No. 51, property located south of Nohl Ranch Road and east and west of Villa Real Drive. Refer to Resolution Book. 80-962 City Hall, Anaheim, California - COUNCIL MINUTES - August 5, 1980, 1:30 P.M. RESOLUTION NO. 80R-342: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND CONSENTING TO THE DETACHMENT OF CERTAIN UNINHABITED TERRITORY FROM THE CITY OF ANAHEIM AND THE ANNEXATION OF SAID TERRITORY TO THE CITY OF ORANGE, DESIGNATED AS REORGANIZATION NO. 51. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBER$: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 80R-342 duly passed and adopted. 169: AWARD OF CONTRACT - CLEMENTINE STREET STREET IMPROVEMENT - FREEDMAN WAY TO KATELLA: Account Nos. 13-792-6325-E2480, 12-794-6325-E4150 and 51-605-6329- 26280-76100. Councilwoman Kaywood offered Resolution No. 80R-343 for adoption, as recommended by the City Engineer in his memorandum dated July 30, 1980. Refer to Resolution Book. RESOLUTION NO. 80R-343: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: CLEMENTINE STREET STREET IMPROVEMENT, FREEDMAN WAY TO KATELLA AVENUE, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 13-792-6325-2480 & 51- 605-6329-26280-76100 & 12-794-6325-E4150. (R. J. Noble Company, $139,583.80) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 80R-343 duly passed and adopted. 123/164: CONCRETE TESTING AND REPORTING - LENAIN TWO-MILLION GALLON RESERVOIR: On motion by Councilman Roth, seconded by Counci]mmn Bay, the City Engineer was authorized to execute a letter agreement with Twining Laboratories in an amount not to exceed $945, for concrete testing and reporting services in connection with the Lenain Two-Million Gallon Reservoir, as recommended in memorandum dated July 24, 1980 from the City Engineer William Devitt. MOTION CARRIED. 149/124: OVERFLOW PARKING CONTROLS AROUND T~E ANAHEIM CONVENTION CENTER: City Manager William Talley briefed the Council on report dated July 21, 1980 from the Stadium, Convention Center, Golf Director Tom Liegler, listing the ad hoc committee recommendations regarding overflow parking controls for City streets around the Convention Center. 80-963 City Hall~ Anaheim, California - COUNCIL MINUTES - Ausust 5, 1980, 1:30 P.M. Mr. John Daugherty, 1116 Wakefield Place, speaking on behalf of the neighborhood in the area of the Convention Center, stated that they had taken a great deal of time to investigate the matter and the controls being proposed. He had personally gone to different cities to investigate through their Police Departments their findings on the workings of the particular type set-up pro- posed, i.e., permit parking. They found no fault in it whatsoever and since initiated, they received complete cooperation of the neighborhood and the people in the area. It had worked quite well and that is what they wanted in their neighborhood. They had three productive meetings where they met with the staff of the Convention Center. Their case had been presented, and with him today were some of the people from the neighborhood who had taken the time to be present to show their interest in the project. Ten members of the neighborhood were present along with Mr. Daugherty. He explained that they were quite rep- resentative of the entire neighborhood and that they had approximately 30 to 35 on the committee formed from those living in the neighborhood. They strongly recommended adoption of the motion approving the recommendations contained in the report from Mr. Liegler. Mayor Seymour, on behalf of the Council, stated how much they appreciated the way in which staff set up the meetings with the neighborhood to permit the people to decide what was in their best interest. The fact that the neighbor- hood dedicated the time and made the commitment necessary in taking an inter- est in their neighborhood, spoke well for the good citizens that they were and the concern they had for their neighbors as well as themselves. That was what made the City so great--people solving problems themselves, for themselves, in their own neighborhoods. The Council applauded and commended them for their efforts. MOTION: Councilman Roth moved to direct the City Attorney to prepare an ordinance to provide Permit Parking, Residents Only...Tow Away Zone, effective 24 hours per day, seven days per week, for certain designated City streets around the Convention Center. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 174/175: APPLICATION FOR U. S. DEPARTMENT OF ENERGY (DOE) INNOVATIVE RATE GRANT: On motion by Councilman Overholt, seconded by Councilwoman Kaywood, the prepar- ation of an application by R. W. Beck and Associates for a Department of Energy Innovative Rate Grant, on behalf of the Public Utilities Department, was author- ized, as recommended in memorandum dated July 30, 1980 from Public Utilities General Manager Gordon Hoyt. MOTION CARRIED. 123/174: CHANGE ORDER TO CONTRACT BG80-1 FOR DEMOLITION AND SITE CLEARANCE: On motion by Councilwoman Kaywood, seconded by Councilman Overholt, Change Order No. 1 to Contract BG80-1, demolition and site clearance at 1015, 1015½, 1040 and 1042 North Part Street, in the amount of $4,300, was approved, as recommended in memorandum from Executive Director of Community Development Norm Priest, bringing the original 'contract price to $8,700; L. Kelly Demolition, contractor. MOTION CARRIED. 123: CONSTRUCTION OF TWIN PEAKS RESERVOIR - REIMBURSEMENT AGREEMENT WITH ANAHEIM HILLS, INC.: On motion by Councilwoman Kaywood, seconded by Councilman Roth, a reimbursement agreement with Texaco Anaheim Hills, Inc., was approved, at an estimated cost of $700,000 for financing the cost of design and construction of the Twin Peaks Reservoir, as recommended by the Public Utilities Board in memorandum dated July 15, 1980. MOTION CARRIED. 80-964 City Hall, Anaheim~ California - COUNCIL MINUTES - Au§ust 5~ 1980~ 1:30 P.M. 112/175: LITIGATION BY THE NATIONAL INSTITUTE OF MUNICIPAL LAW OFFICERS AGAINST THE SECRETARY OF LABOR: City Attorney William Hopkins briefed the Council on memorandum dated July 25, 1980 from his office regarding the subject. He rec- ommended that the City enter into an agreement with NIMLO to handle the liti- gation. They felt that the action by the Secretary of Labor was just the be- ginning of a further extension of controls that could extend not only into the generation and distribution of electric power which could adversely affect the City's Utilities Department, but also in areas such as the Stadium and Convention Center and the Parks and Recreation Department. The present action was the first, and it should be stopped at the outset. City Manager Talley suggested that inasmuch as the action involved the Utilities primarily, it might be in order to include in the motion that the funds be allocated from the appropriate Electric Utility account. MOTION: On motion by Councilman Seymour, seconded by Councilman Bay, the City Attorney was authorized to execute an agreement with the National Institute of Municipal Law Officers providing for the City's participation in litigation to challenge the Secretary of Labor's ruling extending wage and hourly law provisions on cities that engage in certain activities, such as generation and distribution of electric power, and authorizing payment to the litigation trust fund of $7,500, to be allocated from the appropriate Electric Utility account; and if further funding is necessary, the City Attorney is to report same to the Council and request that additional amount. MOTION CARRIED. 129: PUBLIC FIREWORKS DISPLAY PERMIT: On motion by Councilman Roth, seconded by Councilman Overholt, application for a Public Fireworks Display Permit sub- mitted by Pyrotechnics on behalf of the Rams to discharge fireworks on August 11, 1980 and August 16, 1980, at 7:45 p.m. and at half-time, was approved, as recommended by the Fire Department. MOTION CARRIED. 123: LEASE AGREEMENT WITH CANAL-RANDOLPH ANAHEIM, INC.: (continued from the meetings of June 24, July 1 and July 15 and July 29, 1980) On motion by Councilman Overholt, seconded by Councilman Seymour, an office lease agreement was authorized in the amount of $9,144 for space at the Bank of America building, 300 South Harbor Boulevard, for Police Department use, for the period of July 1, 1980 through June 30, 1981, as recommended in memorandum dated June 24 and July 30, 1980 from Chief of Police George Tielsch. MOTION CARRIED. 168: STREET NAME CHANGE FROM LINCOLN AVENUE TO OLD LINCOLN AVENUE: Changing the street name for that portion of existing Lincoln Avenue located between Anaheim Boulevard and Topeka Street to Old Lincoln Avenue, effective August 1, 1980 (continued from the meeting of July 29, 1980). City Clerk Linde Roberts announced that the Community Redevelopment Commission, in their memorandum of July 31, 1980, and the Project Area Committee (PAC) in their memorandum dated July 9, 1980, recommended that the subject portion of Lincoln Avenue be named, "Old Lincoln". Mayor Seymour asked if any member of the public wished to be heard relative to the subject. 80-965 City Hall, Anaheim, California - COUNCIL MINUTES - August 5, 1980, 1:30 P.M. Col. Earl Rhoads stated as Junior Past Chairman of PAC, he addressed a letter to the Council recommending unanimous approval of the change to "Old Lincoln", the reason was two fold--the businesses remaining in the downtown area had suffered from setbacks due to Redevelopment, parking, etc. They discussed the matter at great length and did not feel that those businessmen should be obligated to go into additional expenses at this time. In the foreseeable future with construction in area parcels 4A and 4B, the configuration of the street might change. Therefore, they strongly recommended approval of the change to "Old Lincoln". The PAC, composed of residents, citizens, property owners and businessmen within the area and the people from the Community Services Board, as well as representatives from the Northeast Industrial area, all unanimously agreed upon the decision and further suggested that the business- men circulate a petition on their own which he believed had been submitted to the Council. It would be prudent and cost effective both for the Redevelopment Agency and the people within the area to have the name changed to Old Lincoln. Councilwoman Kmywood stated that they had new material which they received today discussing two actions--to change the name to Old Lincoln at this time, and then later changing it to Center Street or whatever. Col. Rhoads explained for the Mayor that he was not aware of that, but they did discuss at length the development of Parcel 4, if, in fact, there was actually going to be a street in the area, or just an access road into the project. Councilman Bay asked Col. Rhoads to elaborate on why the name of "01d Lincoln" would be better economically. Col. Rhoads answered that if they maintained the name Lincoln with just the con- notation of the word "old" inferred, the advertisements of the local business people, business cards, packaging, yellow pages, etc., would not be affected and also people would know the location. If the street name were changed entirely, people might not be aware of the situation and think that Jackson Drug Store, for instance, had moved. It would cost the merchants a lot of money, and they (pAC) felt they had suffered enough setbacks in the last two or three years with- out giving them additional burdens. Mrs. Cortez Hoskins, Hoskins Land Company, stated that her only concern was to keep something open for the tenants of her building (owned since 1947) located next to 01d City Hall. They were struggling as it was at the present time and she was trying to maintain the property to the best of her ability. The tenants needed access from both directions since they were being "choked to death". She was trying to keep it open in as viable a manner as possible and also with a name that would be suitable and recognizable as their place of business for many years. Whether the street was named Old Lincoln, or First Lincoln, or Center Street, did not concern her as much as keeping it open in some connecting manner so that traffic could flow through. In answer to Councilman Bay, she reiterated that access was her main concern, but concurred that either Lincoln or Center in some manner should be maintained. "Oldtimers" still called it Center Street. She did not know how serious changing the address on stationery would be. Perhaps it would be a hardship, but that was not her concern. 80-966 City Hall, Anaheim, California - COUNCIL MINUTES - August 5, 1980, 1:30 P.M. Mr. Cal Queyrel, Anacal Engineering (one of Mrs. Hoskins major tenants), stated it would make quite a difference to change all that stationery. They did not need the identity as much as the other business people, and he would prefer to have Mr. Don Lee of Jackson Drugs speak for them. He (Queyrel) preferred to have the name changed to Old Lincoln because the businesses needed all the identity they could get. Mr. Don Lee, owner of Jackson Drugs, noted that Col. Rhoads referred to the petition passed to the businessmen in the area. In order to emphasize the fact that those involved were not "fly-by-night" operations, he relayed the names of the following businesses and the number of years located in the com- munity: Ritz Cleaners, 25 years; Anacal Engineering, 25 years; Bill Ward The Plumber, 34 years; Dirk Bode Insurance, 26 years; and Jackson Drugs, 58 years. Ail had gone through a street name change in the past. From that point of view and the economics of the businessmen in the community which was discussed at length at PAC, they felt they came to the best decision for all concerned. The street was not historical in the sense that it was going to remain intact for the next 20 or 30 years. They would prefer to have the transition period be as easy on them as possible. Perhaps in future years when the area was com- pletely grown up and stabilized, they could rename the street if someone had a better name that would be more appropriate. Councilman Overholt asked if he felt there was some merit in the Redevelopment Commission's suggestion that at some future date they may want to take another look at the matter. ~ Mr. Lee felt that there was. The Master Plan of the Redevelopment Agency called for no viable through street or it might even convert to a private road. They were perhaps looking at three or four years before they would know if the street would still be there. Councilman Roth stated that they had an obligation to the merchants, some of which as Mr. Lee mentioned, had been in the area for 25 to 58 years, and the businessmen were the ones most impacted by Redevelopment. Councilman Roth offered Resolution No. 8OR-344 for adoption, approving changing the street name for that portion of existing Lincoln Avenue located between Anaheim Boulevard and Topeka Street to Old Lincoln Avenue, effective August 1, 1980, until such time as those merchants had been relocated and subsequently consider a name change at that time. Refer to Resolution Book. RESOLUTION NO. 80R-344: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CHANGING THE NAME FOR LINCOLN AVENUE TO OLD LINCOLN AVENI/E (BETWEEN ANAHEIM BOULEVARD AND TOPEKA STREET). Before a vote was taken, Councilwoman Kaywood asked how long that section would be a street; Mr. Norm Priest Executive Director of Community Development stated that in some form, he expected it would be a street or a throughway or a traffic way perhaps for years to come. It might be a small street or privately owned and maintained access to parking. At this point in time, it would probably be a street, but in a somewhat different configuration and alignment. 80-967 City Hall~ Anaheim~ California - COUNCIL MINUTES - August 5, 1980, 1:30 P.M. Councilman Overholt stated he was going to support the resolution and he was glad of the opportunity given today for all interested parties to express them- selves. He was certain there were citizens in the City who remembered Center Street with great affection and perhaps when the immediate crisis of Redevelop- ment completion was over, they could consider those viewpoints. He commended Mr. Lee for polling the businessmen who were their main consideration at this time. Councilwoman Kaywood stated she was also concerned, with Anaheim having a unique history, that they be mindful of it. All of the long-term merchants in the area had previously gone through a name change from Center Street to Lincoln Avenue. She wanted to keep the matter alive to the time when renaming might take place after the merchants had been relocated. In looking at a map of the City, there was a short distance of Center Street from West Street and also from State College Boulevard. In drawing a straight line, Center Street would also run through the dowtown area. Another concern in calling it Old Lincoln was that Lincoln would be New Lincoln, and there would be at least as much confusion and possibly more in the long range, although not in the short range. While she did not object and also did not wish to impact the merchants anymore than they had already been impacted, she was going to vote against the resolution so that the record would show that something was alive and open to renaming Lincoln back to Center Street, if that should be the way to go. Mayor Seymour stated that he certainly supported the resolution and it was ob- viously a temporary change. He was also certain that the entire Council was sensitive to their heritage and would want to recognize that at the appropriate time. He commended Col. Rhoads and PAC for their work and report and also Mr. Lee, noting that they were aware of and could appreciate the position that he and the other businessmen were in. Councilman Overholt asked for clarification as to why Councilwoman Kaywood was going to vote against the resolution. Councilwoman Kaywood answered, so that the record would not reflect the unanimous vote and if someone were to question it, she wanted the record to be researched to ascertain why, if there was going to be another change, that it be changed back to Center Street. She recognized the fact that it could take place years later when there were different members on the Council. Councilman Overholt noted that the change was a temporary one; Councilman Roth confirmed that it was temporary until the present merchants were relocated. It was not strictly a name change--there were conditions, those being when the merchants were relocated and not impacted any longer, another name could then be considered and whoever might be on the Council at that time, could make the decision. A vote was then taken on the foregoing resolution. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: 0verholt, Bay, Roth and Seymour Kay-wood None The Mayor declared Resolution No. 80R-344 duly passed and adopted. 80-968 City Hall, Anaheim, California - COUNCIL MINUTES - Ausust 5, 1980, 1:30 P.M. 135: HEARING/WORKSHOP ON GOLF COURSE OPERATIONS: July 29, 1980. Continued from the meeting of Councilman Roth moved to continue setting the date for a hearing/workshop on Golf Course Operations for one week, as requested by staff, since there was insufficient t/me to prepare a report. Councilman Bay seconded the motion. Before a vote was taken, Councilman Overholt asked if that meant at the meeting next week they were going to set the date of the workshop or hearing or whatever they were going to have, or did it mean that the workshop or hearing would be held next week. Mr. Talley answered "no". Due to the allegation that was made and the enormity of the funds involved, he wanted a complete report to the Council, with a staff recommendation, and at that time Council could determine the policy. If they wished to adopt the staff recommendation they could do so, or if they wished, they could set a public hearing at that time. His understanding was that the Council wanted to see where they were and what they were doing and determine at what point they appropriately wanted public input. Mayor Seymour stated that was not his understanding. His understanding was that the Council agreed to a public hearing and the fact that they asked staff for a report was only a matter of providing that report. If it was not clear that the Council had committed to a public hearing prior to the process going any further, then the Council ought to so state so that the City Manager knew what course to take. However, the motion he' offered and, certainly in the spirit he offered it, was to have a public hearing or public workshop with the Golf Course Commis- sion, the public and the City Council before further progress was made on the matter, but with a full report from staff. If that was not clear to the City Manager, he apologized, but that was what was intended and what he believed the Council voted for. Councilman Overholt stated he would agree that they voted to have a public hearing and postponed the matter for at least one week to determine when that hearing would take place. The question was whether the City Manager wanted to submit his report to the Council before they set the hearing or set a hearing date today, at which time he would present his report, or prior to that time. Mr. Talley stated it was up to the City Council. They were in the middle of an administrative staff report that would be coming to the Council in an orderly process. In that report, he was positive they would recommend that the Council consider solicit{ng proposals and, in his opinion, at the time the Council had alternatives available, it would be appropriate to discuss the matter publicly as they did every other action. If in the meantime they wanted to interrupt the administrative process, the Council had that prerogative. Councilman Overholt then asked if that would mean they would have a public hearing next week at the time the proposal was presented; Mr. Talley answered that would be up to the Council. Councilman Overholt continued that his concern with that was the fact that they would not have ample time to publicize the hearing. 80-969 City Hall, Anaheim, California - COUNCIL MINUTES - Ausust 5, 1980, 1:30 P.M. Mr. Talley stated that last week most of the principal staff people were not available, as well as for a majority of the time between now and last week, and thus it was impossible to present an adequate report. Councilman Overholt stated the matter continued from last week was setting the date, time, and place of a public hearing. If that was the present motion to continue, he would support that. Mayor Seymour stated that one week from today, they would then determine the date of the public hearing. In speaking to that, he felt that the City Manager had misinterpreted the motion he made, or he did not communicate it, or perhaps the Council voted for something different than what had been suggested. He thought the motion was very clear and did not understand the City Manager suggesting that the Council would "interrupt the administrative process", because he was not so sure how that process had reached the point it had reached. He felt the City Manager was suggesting that there was a question of whether or not a public hearing would be held in the very near future and prior to the completion of whatever administrative process was taking place or after that. As he read between the lines, the City Manager was going to come back with a recommendation and say, now turn around the action you took last week. Mr. Talley answered that was not his intent and the Mayor was misinterpreting his intent. Last week, statements were made by the Mayor, incorrect statements as far as the action of the office. He thought he was asked to give the Council a report on where they were and how they got there and the Council could decide what they wanted to do as far as continuing in the present method or what he considered to be an administrative process, not having a public hearing, stopping everything and having a public hearing, or any other choice in between. The Mayor stated it was obvious to him that he (Talley) interpreted the motion other than he intended it and thus, he was going to vote against the motion to continue until they could clear up when they were going to have the hearing. He did not think it should take but another two to three weeks for the staff to complete the report as to what had transpired thus far and that was all he in- tended. Mr. Talley stated that was all the report was going to say; the Mayor stated he sensed the City Manager decided to go in another direction. The Mayor then clarified for Councilman Overholt that his motion last week was to carry over one week, the decision of when the public hearing was going to be held. Because of what the City Manager had now said, he wanted to know from the Council whether or not it was their intention to hold a public hearing prior to the time the process was completed. It was his understanding that they were going to hold such a public hearing and invite public input at this juncture and not when the process was completed. Councilman Roth stated the reason he made the motion to continue was due to the fact if they held a public hearing, they needed data to go by. If they were going to make decision at the hearing, they needed information from staff. If the hearing was held before staff gave them a complete report, they would not have both sides of the picture. He felt it was important to hold the matter over one week so that they could receive and evaluate the data from the City Manger and set a public hearing. He maintained that was the intent of the motion offered last week. 80-970 City Hall, Anaheim, California - COUNCIL MINUTES - August 5, 1980, 1:30 P.M. The Mayor suggested that they perhaps needed a transcript of that motion verba- tim to know who said what. He asked for clarification of his understanding that Councilman Roth's position was that next week or whenever a report was submitted, they would decide whether or not a public hearing shoud be held prior to the completion of the process or subsequent to that administrative process. Councilman Roth stated that the City Manager was going to provide them with data next week. With that data, they could then set a public hearing. Mayor Seymour again asked if they were going to set a public hearing before or after the completion of the process. By his motion last week, he intended that they would have that hearing just as soon as practical and prior to the completion of the administrative process. Councilman Overholt stated that he felt the record was clear that the Mayor's motion which he seconded was that the Council would set the matter for a public hearing which was a 5-0 vote. The Mayor's memory was not unclear. What they were doing was confusing the City Manager's report with the so called process. The motion on the floor today was that they continue for one more week the matter of setting that public hearing and that was the only thing they were voting on right now, and he would approve that. Perhaps by next week the City Manager would have something to present, but that would not short-circuit the public hearing which he felt and agreed with, as did the other Council Members, that it should be held at the earliest convenient date. MOTION: Councilman Seymour asked to amend the motion or offer the following motion--to continue the decision for the public hearing for one week with the understanding that one week from today, they would decide on a date to hold the public hearing which would be prior to the completion of what had been described by the City Manager as an "administrative process." The motion died for lack of a second. Councilman Overholt stated the reason why he did not second the motion was that he believed it to be unnecessary and the jist of the motion was what they voted the previous week--that they would hold a public hearing momentarily. Whatever the completion of the "administrative process" meant, he did not know at this point and by adding those words, it was unnecessary. Next Tuesday, they were going to set the public hearing at the earliest possible date. A vote was then taken on the foregoing motion by Councilman Roth to continue setting the date for a hearing/workshop for one week. Councilman Seymour voted "no". MOTION CARRIED. The Mayor asked the City Clerk for a verbatim transcript of the motion he made at the previous week's meeting. 172: REQUEST FOR ADDITIONAL ACCESS AND TRAFFIC CONTROLS AT THE CANYON PLAZA SHOPPING CENTER: Request by Harry S. Rinker for approval of an ingress only from Imperial Highway and the restriping of two left-turn lanes on Santa Ana Canyon Road, was submitted. 80-971 City Hall, Anaheim, California - COUNCIL MINUTES - August 5, 1980~ 1:30 P.M. Before proceeding, Mayor Seymour stated that he was going to abstain from dis- cussion and voting on the subject matter because he was a tenant within the Canyon Plaza Shopping Center. He thereupon turned the Chairmanship of the meeting over to Mayor Pro Tem Overholt. Mayor Seymour left the Council Chamber. (2:40 p.m.) Mayor Pro Tem Overholt asked if anyone was present to speak to the subject request. Mr. Harry Rinker, ma~or partner in the Canyon Plaza Shopping Center, first posted a plot plan of the shopping center on the Chamber wall, described the interior traffic circulation, and gave a brief historical overview of its development from inception to the present. During discussion between Councilman Roth and Mr. Rinker, Councilman Roth asked if the ingress that he (Rinker) was looking for from Imperial Highway was not a Caltrans problem; Mr. Rinker answered "no" because it was prior to Caltrans jurisdiction. Councilman Roth explained that in viewing the situation that morning, it seemed to him that almost ~mmediately after passing Santa Aha Canyon Road going north on Imperial, a vehicle would start going into the on-ramp area to the freeway. He was questioning if that would have any effect relative to Caltrans. Mr. Rinker again answered "no" and that subject was fully covered in a very comprehensive traffic report which they had prepared and which their Traffic Engineer would elaborate upon. Mr. Rinker then continued his presentation displaying a second plan merely duplicating the first, but including arrows showing ingress off of Imperial Highway and the resultant flow of traffic that would be afforded in the western half of the shopping center and the piece of property to the north, the Schantz property (Katella Realty), the latter property would be very poorly served by having to travel along the back of the Canyon Plaza Center out to Via Cortez. He continued that initially they were reluctant to buy the western-most portion of the property on which part of the Canyon Plaza Shopping Center was situated because they did not know if business could be done on that portion with access all the way over to Via Cortez. Their worst fears had now materialized and serious economic losses were being experienced by their tenants in the western section (designated by Building B on the plan showing Griswold's just to the north) because they had not been able to let traffic in to do business. He then showed another diagram reflecting in red and green, the red denoting those stores that had gone out of business and having defaulted on their leases, and the green, those tenants paying their rent, but who had chosen to close, rather than stay open and suffer the lack of business. In comparison, the 38 stores in the long building located in the northeast portion of the property closest to Via Cortez had only one vacancy. Mrs. Lelani Robinet, Robin's Nest (located in the Building D wing), stated she located her business there for the exposure it offered to Santa Ana Canyon Road and Imperial Highway, but it had turned into sheer frustration. People would call and indicate they saw her shop everyday but were desperate to know how to get to her location. By the time they did get there, some were very upset, 80-972 City Hall, Anaheim, California - COUNCIL MINUTES - Au~u.st 5, 1980, 1:30 P.M. especially older people. They worked very hard and long at their business and did not want to lose it. However, if they could not get some traffic across that area, they would have no alternative but to become one of the red or green businesses. She went on to explain the sacrifices they made to buy and maintain the business and to make it a success, but there was no way they could do so if they could not get people into their store. Her lease was for a five-year period with an option for five more. Bettee Sanford, Vice President of Griswold's Hotels and Restaurants, explained that they originally chose the location Mr. Rinker pointed out (located in the western portion, north of Building D) because theirs was a family restaurant, and they felt it was a family community. They depended upon the smorgasboard to attract people of middle-class means, but they depended mostly upon volume. They had found that the location, even with a greater density of population, could not draw the number of people they needed to serve. Griswold's, Redlands, served 8,000 meals a month, Clairmont, 7,500 and at the subject location, 4,000. They were "stuck" because of the ingress and egress problem. She then explained the difficulty in traffic flow to reach their restaurant and emphasized that they needed help. They had lost approximately $177,000 in the past 44 weeks. The biggest problem lay in the fact that if they were seen, they could not be reached. She then asked their manager, George Ladipaw, to relay some of the comments received from customers. Mr. George Ladipaw then read a letter from a woman in Banning that had previously been sent to the Planning Commission. The letter explained the difficulties and frustration in gaining access to their restaurant in the Canyon Plaza Shopping Center which was representative of the complaints they received. They needed volume to serve a meal at a modest price. The only alternative was to lay the situation at the mercy of the Council. They did not understand the Planning Commission's negative reaction and hoped the matter would be cleared up today. Mr&.Jean Lempkin, Grandma's Cupboard (located in the northern portion of Building D), explained that when they first opened in a little shop in the northeast portion of the center, they did quite well and were happy. However, the space was very small and they felt moving would give them good exposure and perhaps they could do better. Much to their disappointment, although potential customers did see their sign, they could not find their business. Many people had explained their frustration was finally reaching their place of business. They were doing badly as far as their location was concerned, and it was hard for them to pay the rent. She also stated that with Anaheim building up as at present, if there was not some other entrance to the shopping center put in somewhere, somebody was going to lose a life. The congestion was getting very bad, and it was very difficult to get into the center. Traffic backed up on Santa Ana Canyon Road all the way to Imperial because of people trying to make the left turn onto Via Cortez and then into the center. Thus, the proposed ingress from Imperial would save lives as well. She was registering her plea that such an entrance be allowed. After presenting several questions to Mrs. Lempkin, Councilman Roth concluded that the construction on a portion of the Diemer Intertie taking place along Via Cortez was causing problems as well, and he asked that staff investigate the status of that project to ascertain the hold-~p and also to look into the width of the temporary street in that area which seemed to be causing traffic difficulties. 80-973 City Hall, Anaheim, California - COUNCIL MINUTES - August 5~ 1980, 1:30 P.M. Mayor Pro Tem Overholt then asked Mrs. Lempkin if she felt a modification of the left-turn access off Santa Arm Canyon Road would help her business. Mrs. Lempkin answered that she felt the main thing was to get an entrance off of Imperial Highway and that was about the only thing that would help. With that entrance, everyone could do well and survive on that side of the center. Mr. Rinker then introduced their Traffic Engineer, Steve Hogan of Nakamato Engineering, the firm they engaged to prepare a very comprehensive traffic study, after giving Mr. Hogan's extensive background in the field. Mr. Steve Hogan, reported that his company had completed a study on circulation in and around the Canyon Plaza Shopping Center and based on that study, he wanted to restate some of the problems that had been broached by the preceeding speakers in terms of access. The access to the shopping center, which was in excess of 150,000 square feet of commercial space, was inadequate. Access to the western half of the shopping center that was developed later, was totally insufficient and could not handle the type of volume that would be expected in that area. He then presented some overhead slides showing the building in the center with adequate and inadequate access, explaining that the main concern was ingress rather than egress. Egress was adequate although not as good as it could be. The only primary location was at Via Cortez and Santa Ana Canyon Road. Every vehicle coming into the center must at one point or another travel through that intersection (Via Cortez and Santa Ana Canyon Road). The other small access location was located halfway between Imperial Highway and Via Cortez on west- bound Santa Ana Canyon Road (discussed earlier which was installed in accor- dance with City approved plans and as a result of conditions placed upon the developer that such an access would be installed after the traffic load reached a certain number on Santa Ana Canyon Road). That access counted for 10% of the ingressing traffic to the center and the other 90% was made up of Via Cortez traffic. His company had done a series of traffic engineering studies relating to the center--generation studies, distribution studies, and they had taken a number of accurate traffic counts although it had been pointed out by the City Traffic Engineer that they had faulty data. (Report--Canyon Plaza Shopping Center-- Circulation and Access Study--November 1979, prepared by Nakamato Engineering, 1050 Long Beach Boulevard, Lynwood, which contained a majority of the graphs presented for illustration by Mr. Hogan, as well as data given in his presen- tation). Based on those traffic counts, they generated the following figures-- 66% of all traffic coming through the center came from the intersection of Santa Ana Canyon Road and Imperial Highway or points beyond, and the other 30% from westbound Santa Ana Canyon Road. There was an extremely heavy demand for a left turn into the shopping center via Via Cortez. The problem of access in the western half of the shopping center was very closely related to the distance a person had to travel to there. He contended that the intersection of Santa Aha Canyon Road and Imperial Highway was totally inadequate. They had proposed a number of solutions to correct the problem, the three primary ones as follows: (1) approving the internal circulation on the site by elimin- ating any constrictions such as the one existing at the Via Cortez entrance and removing any obstructions or protrusions existing in the aisles of flow to allow better freedom of movement within the shopping center. 80-974 City Hall, Anakeim~ California - COUNCIL MINUTES - August 5~ 1980~ 1:30 P.M. (2) Relative to the intersection at Santa Ana Canyon Road and Via Cortez, there was a single left-turn lane into the center which presently handled in excess of 3300 vehicles per day. They were proposing that an additional left turn be added as shown in the slide presented. It would provide improved capacity and eliminate a serious safety problem at the conflict point, which he pointed to from the graph, with the through movement on Santa Ana Canyon Road. By virtue of adding that second left-turn lane, they eliminated a free right-turn lane presently existing toward south-bound Via Cortez. He maintained that right turn did not need a separate facility and particularly from a safety standpoint, it was much more important to emphasize the improvement of the left-turn and avoid any possible conflict with through movements than to eliminate vehicles making a right turn which was not obstructed by traffic. He felt that was a good solution to part of the capacity problem existing in that intersection. Presently there was a serious problem in that cars were backing up way beyond the left-turn pocket which took place every day during peak shopping hours. Councilman Roth pointed out that the City Engineer did not have any quarrel with that, and he recommended approval; Mr. Singer confirmed that was correct, with modifications. It should be noted that during Mr. Hogan's presentation, there was questioning and discussion between Council Members and Mr. Hogan for purposes of clarifi- cation. Mr. Hogan then stated that the modification being proposed was that the left turn be moved into the median island, but there was a serious problem with that due to the important grade difference in the middle of the intersection. Adding a left turn in the median location would involve a major construction project. It would involve reconstruction of the entire intersection, relocation of the signals, and perhaps construction of a major portion of the entire street. That would be a very serious expense and he did not think it was warranted under the circumstances. (3) A right-turn-in only off Imperial Highway. That proposed change would be an improvement to access to the western half of the shopping center and that accems could also be important to any development of properties to the north of the center, the Schantz property. The proposed access improvements had been designed with two things in mind--they wanted to minimize any impact on the community and also improve access to the center. There was, however, a better long-range solution and that would be the creation of a four-way inter- section at the off-ramp from the Riverside Freeway and Imperial Highway, the only problem being that it could take up to five years for negotiations involving the various agencies, Caltrans, and the City. In conclusion, Mr. Hogan stated their proposal was designed so that there could be an ~mmediate solution to the ~mmediate problem although it was not a perfect solution. Councilwoman Kaywood noted that their proposal would not be making anything easier for someone travelling west on Santa Ana Canyon Road. As she recalled, 66% of the traffic was travelling south on Imperial and the only advantage she could see was to someone going north on Imperial Highway. 80-975 City Hall, Anaheim, California - COUNCIL MINUTES - August 5~ 1980~ 1:30 P.M. Mr. Hogan stated, traffic going north on Imperial Highway or east on Santa Ana Canyon Road, 25% of the traffic would have an interest in that movement. They would make a left-turn on Imperial and into the shopping center by a right turn. Councilwoman Kaywood stated that she then saw a worse traffic problem than what they already had. As well, anyone travelling south on Imperial and noting an access would attempt a "U-turn" that did not exist at that intersection. She did not know why they were considering the matter because the City did not have rights to access on Imperial, since it belonged to Caltrans. Mr. Singer confirmed that Caltrans did not have the right to access at that particular point on Imperial Highway. Councilman Overholt, referring to Councilwoman Kaywood's question as to who woulR use an ingress point on Imperial, asked what he (Hogan) estimated the traffic figure to be. Mr. Hogan answered, 600 vehicles per day in 24 hours which represented approximately 13% of the overall access into the shopping center. It would also provide the access to the Schantz property but that had not been calculated in the figure. He did not know what type of development was planned on that property. Councilman Roth asked the City Traffic Engineer if he had asked Caltrans for their opinion on the matter. Mr. Singer explained that they had correspondence with Caltrans some years back and at that time, they expressed neither preference nor opposition. He also wanted to point out one fact--he had written Mr. Hogan a four-page letter re- questing certain information that was omitted or misstated in the circulation and access study report prepared by Nakamato Engineering. In the report, Mr. Hogan advocated, and Mr. Rinker did as well, that the right turn from eastbound Santa Ana Canyon Road to Via Cortez be eliminated, that a double left turn be introduced into the shopping center, and that a right-turn lane be introduced from Imperial Highway. A curious point Mr. Hogan omitted was that the number of vehicles making a right turn from Santa Ana Canyon onto Via Cortez was 660 vehicles, and Mr. Hogan projected that 600 vehicles would be using the proposed access into the center from Imperial Highway. He was questioning why 660 trips was any less significant in a residential neighborhood, as opposed to 600 in commercial. In concluding, Mr. Singer stated he felt very strongly that it would be a dis- service to the citizens of Anaheim if any entrance would be permitted from Imperial Highway, not only because of the subject location, but also because the entire area would then be opened up. There were several other shopping centers along Imperial between Orangethorpe and Santa Ana Canyon Road that would all request access due to the precedent that would be set at the subject location. He, therefore, recommended highly that the request not be granted and if a dual left-turn lane was installed at Santa Aha Canyon Road and Via Cortez, that consideration should be given to narrowing the median down pro- viding for three through lanes and retaining the right-turn lane for a total of six lanes eastbound. 80-976 City Hall, Anaheim, California - COUNCIL MINUTES - August 5, 1980, 1:30 P.M. Mr. Hogan responded that relative to the right turn to southbound Via Cortez, in comparing the 800 vehicles using that turn to the 600 they project for the right turn into the shopping center off Imperial, he maintained that was an irrelevant comparison. The comparison should be made with the 3,350 vehicles that were making the left turn at Via Cortez. Councilman Bay stated he thought that Mr. Singer's point was in relation to the double left-turn without cutting into the median. Mr. Alan Rifkin, Traffic Engineer, representing the Schantz property, stated that he had been retained by Schantz to look at long-term access possibilities to the property. In that regard, he had been in contact with Caltrans regarding the possibility of modifying the offramp of the Riverside Freeway, eastbound, into a four-legged intersection with an access point into the vicinity at that site. In connection with his work, he had made field observations. His obser- vations of the traffic circulation problems confirmed what everyone else had said, that there was a left-turn problem for southbound Imperial traffic at Santa Ana Canyon Road and a left-turn problem at Santa Ana Canyon Road into Via Cortez. With regard to the Schantz people and their property, that would be their major access point, as well as the major access point to the shopping center. Conges- tion at that left-turn point would affect his client as well. He reiterated that up to this point, their communication with Caltrans was the submission of a possible plan for a four-legged intersection which would involve moving the east- bound on-ramp to the Riverside Freeway. It was under close scrutiny by Caltrans, but they did not have a feeling positively or negatively on that possibility. That was a long-range solution to a long-range problem which affected the market ability of the Schantz property. The more immediate solution was to mitigate the left-turn problem at Via Cortez and his reactions to the proposal offered were (1) that Schantz and he concur with the recommendation that Caltrans be asked to do a feasibility study of the four-legged intersection at the River- side Freeway and (2) that the double left-turn lane onto Via Cortez would pro- vide extra capacity to store cars turning left to go into the shopping center and the right-turn access off Imperial would afford an opportunity for some 18 cars to turn left at Imperial Highway and enter the shopping center. The double left turn would be a very short-range solution and might not solve the problem. There needed to be another access point into the center to remove the congestion at Via Cortez. Councilman Bay asked what was going to be developed on the Schantz property; Mr. Rifkin stated, at this point, he had not been told what kind of development was proposed. It might be residential or commercial depending on their accessi- bility perspective. Annika Santalahti, Assistant Director for Zoning, reported that approximately a year ago there was a proposal before the Planning Commission for a combination of commercial closer to Imperial, and for residential behind Mrs. Maag'sproperty. At that time, circulation was discussed as being very inadequate in the area and the plan was removed from Planning Commission consideration, and it was not going to be brought back in until there was circulation to that area. At that time, only Via Cortez was discussed. The General Plan designation was for commercial similar to Mr. Rinker's property. 80-977 City Hall, Anaheim, California - COUNCIL MINUTES - Augnst. 5, 1980, 1:30 P.M. Mr. Rinker noted that Mr. Singer stated that to permit the access point off of Imperial Highway would invite the opening up of applications all up and down Imperial Highway. He submitted nothing could be farther from the truth. There was no other shopping center in the County of Orange as large as Canyon Plaza with the number of stores contained therein that had anywhere near the inad- equacy of the access his center had. There were over 70 stores, 150,000 gross leasable square feet, without counting the additional stores and businesses that would be on the Schantz property, perhaps over 100 stores trying to be served by one inadequate access. They deserved some relief. Councilwoman Kaywood stated that she realized they had a very stiff sign ordi- nance in the Canyon, but was wondering if a solution could be found by an additional sign that would direct people where to go. Mr. Rinker answered that although that was a constructive thought, the people generally knew where the businesses were located, but the public would not drive through that much of a maze and come back. Mayor Pro Tem Overholt asked Mr. Singer to comment on his precedent-setting statement. Mr. Singer explained that along Imperial Highway, there were three additional shopping centers, one directly across the street from the subject location with access only on Santa Ana Canyon Road. The Don Jose Restaurant very much wanted right turn access from Imperial. Further north, there was the Christian Brothers Market where access was severely restricted to a single curb cut on La Palma Avenue directly across from Sutherland Lumber and they would present quite a case for trying to obtain a right turn in and out drive- way along Imperial Highway. They had also been contacted several times by Marie Callendar's Restaurant at the northeast corner of La Palma Avenue and Imperial Highway who were also being blocked because they were in the very far corner of that center, not to mention the motel just south of La Palma Avenue on the east side that would also greatly benefit from such access. Thus, such requests could proliferate. Mayor Pro Tem Overholt asked Mr. Singer if he would care to comment on the possibility of a four-way intersection being constructed at a future date. Mr. Singer answered that since it was entirely within the State right-of-way, Caltrans would have to make a detailed analysis of that situation although he believed it would be feasible. However, it would be at the expense of the queue that would accumulate south of that location onto Santa Ana canYon Road because the right-turn movement westbound on Santa Ana Canyon Road to northbound Imperial Highway was very extensive, especially in the morning peak hours. Properly designed, it could be accomplished, but it would require a great deal of study and funding, plus the involvement of the State Highway Commission. Miss Santalahti explained that there had been upwards of 20 zoning actions on the two intersections, Imperial Highway at La Palma Avenue, and Imperial High- way at Santa Ana Canyon Road. Access rights to all the properties were acquired prior to any of the zoning actions being finalized and even annexation to the City. Thus, every mingle zoning action included a statement saying that there shall be no access from Imperial Highway. Thus, ground was not broken for any project 80-978 City Hall, Anaheim, California - COUNCIL MINUTES - Au~qst 5~ 1980, 1:30 P.M. without addressing that issue and the developers were reminded that circulation on the property was a very serious factor. Therefore, nobody could say they did not realize in the beginning what the problem would be because it was.fully addressed originally. Councilwoman Kaywood stated that she was going to make the same comment as she did re~ember what Miss Santalahti stated. It did not change the fact that the people who were in that portion of the center now were suffering greatly because no one could get to them. Also, when she made the suggestion regarding the sign, the comment was made that people did know where the businesses were located, but would not travel that far to get to them, which was contradictory to the other statements that said people could not find businesses. Mr. Singer stated that there was one other method of getting people to drive more conveniently to the frontage along Imperial Highway. When driving into the entrance to the shopping center at Via Cortez, the parking was laid out in a method whereby it diagonally cut across the path of travel which he pointed to from a posted diagram. If a direct route were constructed, there would be hardly the problem that existed now. Councilman Bay stated since he previously had nothing to do with the overdevelop- ment of that corner, he had to consider the problem of the businesses located there at present which were suffering due to the access. The problem was to do something about that access. He heard differences of opinion from professional traffic engineers and most were stamped with a dollar sign--that is, the economic feasibility and how well the problem would be solved with the least impact on traffic on Imperial Highway and Santa Ana Canyon Road and the actual circulation within the development. The City's Traffic Engineer indicated that by changing the internal layout of the parking within the center and constructing proper left-hand turns at Via Cortez, part of the problem would be solved. He did not agree that they were going to solve the whole problem on the westerly extension of the shopping center. What he wanted to know from Mr. Singer, forgetting the possibility of the precedent action of making an opening on Imperial Highway, what other impacts there would be on the actual traffic flow on Imperial Highway, north of Santa Ana Canyon Road, if that opening were insaalled. Mr. Singer then presented two charts showing the projected impact of that access from Imperial Highway which would involve conflict when making a left turn from Santa Ana Canyon Road (travelling eastbound) onto Imperial Highway and travelling north on Imperial Highway to enter the on-ramp of the Riverside Freeway which was a high speed location. That intersection at the present time had experienced very few collisions, 14 or 16 over the past two or three years, and it was a very busy intersection. There was a weaving problem in that location and that was something he was very concerned about as a safety problem (going off on Imperial Highway and maneuvering over to the freeway on-ramp). Councilman Roth stated, in his opinion, it appeared that the only viable way of doing that would be to signalize that intersection at the freeway at the top which undoubtedly would be a Caltrans project; Mr. Singer confirmed that the reconstruction of that would have to be a Caltrans project including the signalization. 80-979 City Hall, Anaheim~ California - COUNCIL MINUTES - August 5, 1980, 1:30 P.M. Councilman Bay asked, on an interim basis, what was Mr. Singer's opinion on allowing an entry point on Imperial Highway while the process was taking place with Caltans which might take four or five years. ADT projections for 1990 were 52,000 vehicles, but he wanted to know what those figures might be for 1985. Mr. Singer stated that they had not made that type of interpolation. However, he would recommend against any temporary access to Imperial Highway for the simple reason that anything temporary tended to become permanent and would discourage solving the problem properly. Councilman Bay asked what the solution would be without the ingress point; Mr. Singer answered that frankly he did not have a solution except for the double left-turn entry properly designed and executed and improving substantially the internal circulation of the parking lot so that it would effectively permit free travel between the one shopping center and the one to the west. He believed it would be a disservice to provide a right turn on Imperial Highway. MOTION: Councilman Overholt moved to deny the request for access to the Canyon Plaza Shopping Center from Imperial Highway, but approving the modification of of the left-turn lanes on Santa Ana Canyon Road at Via Cortez, to be wholly funded by the Canyon Plaza Center, in accordance with the City Traffic Engineer's recom- mendation. Councilwoman Kaywood seconded the motion. Before a vote was taken, Mayor Pro Tem Overholt stated he felt the only sure solution was a four-way signalized intersection on Imperial Highway. If the Schantz property was to be developed effectively, that had to be a factor. If they set a precedent allowing ingress off Imp~ria~ Highway, it would further deter the possibility of a real solution to the problem. Mr. Hogan rightfully indicated that one of the solutions was to rearrange the design of the property which was a private matter and something over which they had no control. It was his thinking if there were direct routes to the western section of the center, the tenants at that location would have more traffic than at present. He felt sympathetic to the tenants; however, they leased the premises knowing there was no direct access from the adjoining lots. If eventually the four-way intersection was constructed, there would be a sudden increase in traffic flow immediately. It was not a good solution for the present, but he would guess that in five years, they would have a safe Imperial Highway with a four- way signalized intersection and that the tenants in the western section of the center would have the kind of traffic flow they wished they had now. Councilman Bay stated he could not support the motion on the basis that he thought, without establishing a precedent, that the ingress could be opened on a temporary basis specifically stipulating three years, no more and no less, and that it be closed again within the motion, thus providing some ingress relief. The internal circulation was certainly up to the owners, and he also agreed with the dual left turn. The tenants about which Councilman Overholt spoke would be out of business by the time the four-way signalized intersection was constructed. Councilwoman Kaywood stated having seen "temporary" last for a lot of people's lifetimes, she could not support ingress on a temporary basis. Mayor Pro Tem Overholt stated that he disagreed as well and that temporary ingress would become permanent. He was convinced there were many things the owner of the center could do to funnel the traffic to the western portion of the center that had not been done to this point. 80-980 City Hall~ Anaheim, California - COUNCIL MINUTES - August 5, 1980, 1:30 P.M. A vote was then taken on the foregoing motion. Councilman Bay voted "no". Councilman Seymour was temporarily absent. MOTION CARRIED. Councilman Roth stated it was imperative that the Council go on record to insure that rapid activities took place relative to the opening up of Via Cortez to its normal capacity. Construction of the Diemer Intertie had blocked the street restricting the traffic flow and he wanted to know the status of that project to ascertain the hold-up. He also asked the Traffic Engineer to have someone from his staff observe the fencing of the large hole on Via Cortez where the blacktop had eroded to the point where cars could not travel two ways on that street. He was sensitive to the merchants of that center and with the free enterprise system trying to survive at that location. Mayor Pro Tem Overholt stated that he would also encourage the Council to do whatever they could to expedite Caltrans deliberations on the four-way signalized intersection. RECESS: By general consent, the Council recessed for 15 minutes. (4:15 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (4:30 P.M.) ANAHEIM REDEVELOPMENT AGENCY - RECONVENED: Chairman Seymour called the Anaheim Redevelopment Agency to order at 4:24 P.M. for the purpose of conducting a joint public hearing with the City Council to consider an agreement for a proposed development within Redevelopment Project Alpha. All Agency Members present. 161.123: DISPOSITION AND DEVELOPMENT AGREEMENT - KING OF CALIFORNIA, INC.: Proposed Disposition and Development Agreement and Parking Lease with King of California, Inc., for the construction and operation of a 2,000-seat proscenium- arch commercial theatre, to be located on a parcel of land bounded by Claudina, Philadelphia and Broadway Streets, and the Civic Center. Executive Director Norman Priest reported on Disposition and Development Agreement for the construction and operation of the proposed theatre, and a Parking Lease between the City and Leo Freedman, dba King of California, Inc., for theatre parking, both of which had been executed by Mr. Freedman. He briefly outlined terms of the proposed agreement, noting that the construction cost, exclusive of land acquisition and landscaping costs, would be not less than six-million dollars. Purchase price for conveyance of the 57,281-square foot site would be $520,000, which would be evidenced by a Promissory Note and secured by a trust deed on the property, with construction and long-term permanent financing to be approved by the Redevelopment Agency. The Promissory Note would require that the developer pay principal and interest at 1% above the Bank of America'a prime rate, determined annually over a twenty-five year term, which would allow the Agency to recover all costs of acquisition, relocation, and site clearance, and administrative costs. Also noted was that the location of the theatre would allow the off-hour use of 650 spaces in the City's parking structure. Mayor/Chairman Seymour asked if there were any questions of the staff. Council~n/Agency Member Bay questioned the parking charges, noting a statement in the proposed lease that said charges shall be reasonable, to be approved by the City Council at the time the charges are established. Mr. Priest concurred, noting that any future modification of the fees would also require approval. 80-981 City Hall~ Anaheim, California - COUNCIL MINUTES - August 5, 1980, 1:30 P.M. Mr. Leo Freedman, 468 S. Roxbury Drive, Beverly Hills, California, addressed the City Council/Redevelopment Agency advising that the parking fees would correspond with fees charged for similar facility parking. Councilman/Agency Member Roth questioned when construction would commence, should the theatre proposal be approved, and what quality of productions could be antic- ipated. Mr. Freedman advised that construction could be expected to commence within 120- 180 days. He advised that he had been working closely with the Shubert Theatre organization, and introduced Mr. Ed Parkinson, General Manager of the Shubert Theatre, who was present as an observer. Responding to further questions by Councilman/Agency Member Roth, Mr. Freedman advised that the theatre would be completed within one year from the commence- ment of construction. He complimented the Redevelopment staff on their profes- sional assistance. In reply to additional questions, Mr. Freedman stated that he would bring top entertainment to Anaheim; that a cocktail lounge was included in the theatre plans; and he expressed the opinion that the area in question needed additional restaurant facilities. He could not foresee a satisfactory method of utiliza- tion by local theatre groups of areas within the proposed theatre for rehearsal purposes. Mayor/Chairman Seymour asked if anyone wished to address the City Council/Redevelop- ment Agency. Mr. Newbury, 2058 June Place, Anaheim, asked if the question of parking during week-day matinees had been considered. Mr. Priest advised that this question had been considered, and it was doubtful as to whether there would be any mid-week matinees, as this practice had been generally discontinued by most theatres. Mayor/Chairman Seymour asked whether anyone else wished to address the City Council; there being no response, he declared the public hearing closed. Councilman/Agency Member Roth offered the necessary resolutions authorizing execution and implementation of the Disposition and Development Agreement and the Parking Lease. On behalf of the citizens of Anaheim, Mayor/Chairman Seymour stated that the City was proud to have King of California as a part of the Redevelopment Pro- ject; the theatre would bring something to Anaheim and Orange County that had been missing; the development would give the downtown area a re-birth. He called attention to the fact that while others are seeking methods of construc- ting public buildings for these types of activities, Anaheim is turning to the private sector and accomplishing the goal. Councilman/Agency Member Bay complimented the Redevelopment staff on working out a program for "front-end" financing at a fair market value. 80-982 City Hall~ Anaheim, California - COUNCIL MINUTES - August 5, 1980, 1:30 P.M. Council/Agency Members Kaywood and Overholt expressed their delight that this first step towards a quality theatre was being taken. Resolutions offered by Councilman/Agency Member Roth were re-stated. Refer to Resolution Book. RESOLUTI~ON NO. ARA80-26: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY MAKING ENVIRONMENTAL FINDINGS NECESSARY FOR THE PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND KING OF CALIFORNIA, INC., FOR THE SALE AND DEVELOPMENT OF CERTAIN REAL PROPERTY. RESOLUTION NO. ARA80-27: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY MAKING CERTAIN FINDINGS WITH RESPECT TO THE CONSIDERATION TO BE RECEIVED BY THE ANAHEIM REDEVELOPMENT AGENCY PURSUANT TO A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND KING OF CALIFORNIA, INC., FOR THE SALE AND DEVELOPMENT OF CERTAIN REAL PROPERTY: APPROVING THE PROPOSED SALE OF SAID REAL PROPERTY AND THE DISPOSITION AND DEVELOPMENT AGREEMENT PERTAINING THERETO: AND AUTHORIZING THE EXECUTION AND IMPLEMENTATION OF SAID DISPOSITION AND DEVELOPMENT AGREEMENT. RESOLUTION NO. 80R-345: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MAKING ENVIRONMENTAL FINDINGS NECESSARY FOR THE PROPOSED DISPOSITION AND DEVELOP- MENT AGREEMENT BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND KING OF CALIFORNIA, INC., FOR THE SALE AND DEVELOPMENT OF THAT CERTAIN REAL PROPERTY IN REDEVELOPMENT PROJECT ALPHA. RESOLUTION NO. 80R-346: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MAKING CERTAIN FINDINGS WITH RESPECT TO THE CONSIDERATION TO BE RECEIVED BY THE ANAHEIM REDEVELOPMENT AGENCY PURSUANT TO A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND KING OF CALIFORNIA, INC., FOR THE SALE AND DEVELOPMENT OF CERTAIN REAL PROPERTY: CONSENTING TO THE PROVISION OF CERTAIN PUBLIC IMPROVEMENTS BY THE AGENCY: AND APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT PERTAINING THERETO. Roll Call Vote: AYES: NOES: ABSENT: AGENCY/COUNCIL MEMBERS: AGENCY/COUNCIL MEMBERS: AGENCY/COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None Chairman/Mayor Seymour declared Resolution Nos. ARA80-26 and ARA80-27, 80R-345 and 80R-346, duly passed and adopted. ADJOURNMENT: There being no further business to come before the Anaheim Redevelopment Agency, Mr. Bay moved to adjourn. Mrs. Kaywood seconded the motion. MOTION CARRIED. PUBLIC .HEARING - RECLASSIFICATION NO. 79-80-41 AND VARIANCE NO. 3153 AND NEGATIVE DECLARATION: Application by Donald R. and Nancy A. Skjerven, for a change in zone from RS-A-43,000 to RS-7200, to establish a two-lot subdivision on property located at 1628 West Orangewood Avenue, with a Code waiver of minimum lot width. Mayor Seymour left the Council Chamber. (4:50 P.M.) 8O-983 City Hall~ Anaheim~ California - COUNCIL MINUTES - August 5, 1980, 1:30 P.M. The City Planning Commission, pursuant to Resolution No. PC80-98 declared that the subject project be exempt from the requirement to prepare an environmental impact report and further granted Reclassification No. 79-80-41, subject to the following conditions: 1. That the onwer(s) of subject property shall pay to the City of Anaheim a fee, in an amount as determined by the City Council, for tree planting purposes along Orangewood Avenue. 2. That the owner(s) of subject property shall pay to the City of Anaheim a fee, in an amount as determined by the City Council, for street lighting along Orange- wood Avenue. 3. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 4. That the owner of subject property shall pay to the City of Anaheim the appro- priate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 5. In the event that 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 theoffice of the Orange County Recorder. 6. That the owner(s) of subject property shall pay the traffic signal assessment fee (Ordinance No. 3896) in an amount as determined by the City Council for each new dwelling unit prior to the issuance of a building permit. 7. That street lighting facilities along Orangewood Avenue shall be installed as required by the Office of Utilities General Manager, and in accordance with specifications on file in the Office of Utilities General Manager; and/or that 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 installation of the above-mentioned requirements prior to occupancy. 8. That appropriate water assessment fees as determined by the Office of Utilities General Manager shall be paid to the City of Anaheim prior to the issuance of a building permit. 9. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 3; provided, however, that the maximum building height on the two lots shall not exceed one-story. 10. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1, 2, and 7, above-mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the Planning Commission unless said conditions are complied with within one year from the date hereof, or such further time as the Planning Commission may grant. 11. That Condition Nos. 3 and 9, above-mentioned, shall be complied with prior to final building and zoning inspections. The City Planning Commission, pursuant to Resolution No. PC80-99 granted Variance No. 3153, subject to the following conditions: 1. That this Variance is granted subject to the completion of Reclassification No. 79-80-41, now pending. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 3. 80-984 City Hall, Anaheim, California - COUNCIL MINUTES - August 5, 1980, 1:30 P.M. A review of the Planning Commission's decision was requested by Councilwoman Kmywood at the meeting of July 8, 1980 and public hearing scheduled this date. Miss Santalahti described the location and surrounding land uses. She outlined the findings given in the staff report which was submitted to and considered by the City Planning Commission. Councilwoman Kaywood asked if there was anything in the flatlands of Anaheim where a 30-foot flag lot had been permitted. Miss Santaiahti answered the zoning in the flatland areas always required filing of a variance and the only instance she could recall were several condominium projects where they put in a private street or had a few flag lots but not RS-7200 that she could remember. Mayor Pro Tem Overholt asked if the applicant or applicant's agent was present and desirous of being heard. Mr. Don Skjerven, owner, stated that they did receive approval on the project approximately 6 weeks ago, and the variance was generally accepted throughout all of the developments in Orange County. They had been developing flag lots in flatlands to gain access to inaccessible, blocked out lots and the ~bject property was one of those lots. It was not a special flag lot, but a generally accepted flag lot. Mr. Skjerven then confirmed for Councilwoman Kaywood that the depth was 115 feet, that he did not live on the property, he had never done so, he did not intend to and he had owned it approximately one and one-half years. Councilman Bay stated he understood that Mr. Skjerven planned to keep the old existing house on the front portion of the property. He wanted to know what he planned to do with the other portion. Mr. Skjerven answered, it was going to be used for the construction of a single- family home. He then showed his plans to the Council. 'He further confirmed that the property was being lived on at the presemt time by renters. The Mayor Pro Tem then asked if anyone wished to speak either in favor in opposi- tion. The following people spoke in opposition for the below listed reasons: Mrs. Chaulare Nokes, 1634 West Orangewood, southeast corner Orangewood and Della. She and her husband were the neighbors to the west. At the Planning Commission hearing, the road that was approved was 145 feet long and 25 feet wide located five feet from their retaining wall. Ail of the old trees would have to go because they were ten feet from the retaining wall. Della Lane was located on the west side of the property, Orangewood to the front, and with an additional road on the east side of their home, they would be living in the midst of three roads, something unheard of in a residential area, or.unusual anywhere. With the proposed new road to the east within five feet of the property line, they would have cars going back and forth day and night next to their bedroom window bathroom door, vegetable garden and fruit trees. Upon occasions, moving vans, police vehicles, delivery trucks, ambulances and fire engines would also be using those roads, spreading their noise and pollution throughout their entire house and backyard. At night, when dark, the road would virtually become a 80-985 City Hall, Anaheim, qalifornia - COUNCIL MINUTES - August 5, 1980, 1:30 P.M. long black alley. The Police Department would abhor it, and so would they and their neighbors. They were concerned about the retaining wall because it was not designed to be next to a road or to have cars parked against it. They bought their home specifically because both their house and backyard were located a good distance away from neighboring houses. The proposed development would totally destroy their existing environment both inside and out. It would create hardships on them and their property that were cruel and abusive. They would then either have to sell or rent their home because they would no longer want to live in it. Some other plan would have to be developed for the property next door. Mr. Doug Nokes, 1634 West Orangewood, presented pictures to the Council which he hoped would assist them in understanding why they were trying to preserve their fine neighborhood. He described some of the photographs which depicted houses in the area showing the sizes of homes and properties. He also gave some statistics relative to the size of lots and square footage of their homes which he asked be compared to the statistics for the house Mr. Skjerven planned to build. His had a proposed frontage of 30 feet, lot size excluding driveway (~145 feet long, 30 feet wide) totalling 6,318 square feet, house size, 2,169 square feet including the garage. In concluding, Mr. Nokes stated that the proposed plan for developing the subject property was substandard in every respect for their neighborhood. Mrs. Barbara Selleck, 2080 Della, directly north of the proposed project stated that they selected the location of their home based on two important considera- tions--they wanted to be near a good school and have a large home with a lot of space around it. Moving to Della Lane satisfied both of those needs. Last month she asked for a property profile from the title company for their property and also a comparable sales analysis. She received the profile along with a notation that there were no "comps" for their property. When there were no sales, no "comps" were available, the point being that no one moved out of the area. It was a stable, steady community and the quality of living in the area led to years of residency. A moving rate for their neighborhood did not exist. They liked the relative quiet, serene atmosphere, the large lots, and the custom homes. To squeeze in a house by dividing a lot zoned for a single-family residence, would open the door for them to become a type of area that was evident in other parts of Anaheim, overcrowded and transient. The proposed plan was not compatible with the neighborhood. She hoped that the trend of the City was not to have wall to wall housing without regard to the human element. There was a basic law in real estate--the highest and best use of the land is what will be done. The proposed land did not meet that criteria. Mr. Sheldon Goodman, 2124 Della Lane, just south of the proposed development, stated they were asking the Council to help them preserve their neighborhood. They did not need a flag lot. He viewed the property everyday as he jogged by and what he saw were tree stumps and a house that looked like a "hunk of junk." The Skjervens had owned the property for one and one-half years and during that time, it still remained an eyesore and blight to the neighborhood. He did not believe the house could pass Code, but their plan called for building another house behind the existing one and leaving the eyesore as it was at present. He was concerned about his friends, the Nokes, who had kept up their property. He was opposed to a two-lot subdivision because it would disrupt the 80-986 City Hall, Anaheim, California - COUNCIL MINUTES - August 5, 1980, 1:30 P.M. way of life existing in the neighborhood. He would like to see the best use of the lot which would be to build a single family home on it and to tear the old house down. Mr. Christopher Wharton, 2074 Della Lane, stated he was opposed to the proposal before the Council. The creation of two small lots, one of which would be a flag lot, was incompatible with the existing property in the area. There was no reason to change the character of the neighborhood at this time. Horses were kept on the two lots immediately east of the proposed subdivision. If the subdivision were approved, pressure could be expected to eliminate the adjacent area as one of the few remaining and suitable for keeping horses. This was not a case where the lot under consideration could only be used if the request were granted. The lot was very suitable for one single-family dwelling as at present and as adjacent lots were currently utilized. He saw no reason to modify the lot at this time. Mr. Richard Waelde, 20810rangewood, (Della and Orangewood), stated that the main concern of their neighborhood was a flag lot. More people would have been present in opposition had the meeting been held on Saturday or in the evening. He emphasized, they did not want the flag lot. He owned approximately half an acre across the street on the corner. There were a number of things he could do with his property as well, but they did not care to do so in their neighborhood. They wanted large lots, a swimming pool and room to do what they wanted and that was the reason they bought their homes. He assumed that building codes and zoning laws were to protect the people so that things did not deteriorate. They did not want the flag lot. Mr. Henry Crawford, 2060 Della Lane, stated that he did not want the area chopped up into a number of smaller lots. He had been a resident of the neighborhood for 25 years and the existing house on the subject property was there when he moved in, and he suspected it was old at that time. Mrs. Geraldine Elliott, 2142 Della Lane, staeed they moved into the area because it was single-family, they liked their neighbors and there had been no change in ownership of the homes on their street from their house to the corner in the 18 years they lived there, except for one. They were opposed to a flag lot. The existing old house was as old as the house Mr. Hammatt hm~torn down and demolished. Mr. Art Garnett, 2115 South Loara, stated that the old house was approximately 60 years old. He was a realtor in the area where he had lived since 1976. Ail were prone to accept the house as part of the neighborhood, but if remodeled or upgraded it would help considerably. He felt there were other things that could be done because there were three contiguous lots adjacent to the property that were large. If they were going to utilize the property to its highest and best use, he suggested perhaps they may want to consider the three lots. Mayor Pro Tem Overholt asked what kind of use he would be suggesting; Mr Garnett answered, instead of building one house and enlarging another, that probably a total of five houses could be built on the lots with a total square footage of anywhere from 2300 to 2800 square feet each. It would also keep the land cost down. The cost for those houses would be approximately $150,000 to $200,000. The existing homes in the neighborhood with the large lots would be valued at approximately $200,000 with the exception of the older property. Relative to the flag lot proposal, if a house were built behind the one existing, the house 80-987 City Hall, Anaheim, California - COUNCIL MINUTES - August 5,..1.980~ 1:30 P.M. to the rear would not necessarily be a good market item and they normally sold for less. In order to accomplish putting five houses on the three parcels, a street would have to be constructed with a cul-de-sac, but with the three large lots, that could possibly be done if the other owners wanted to do so. Mr. Roberts Loman, 620 West Orangewood, adjacent to the east of the property in question, stated that the existing house on the subject property was old and it had been added onto along with having several "facelifts". The previous owners complained to them about the poor wiring and plumbing in the house. Also, the rear bedroom and garage flooded every time it rained and there were other problems which he explained. Also, to the best of his knowledge, it was still on a septic tank. They felt the house was of substandard quality and another facelift would not improve it very much. It should be torn down and replaced. They had no total opposition to having the property divided and having two homes built on it. The houses, however, should be new single-story houses equal in design and construction to other houses in the area. With regard to the rear house driveway, it was optional to them which side of the property that would be constructed on. Also, if surrounding property owners requested a fence to protect their privacy, such a fence should be constructed. Mr. Loman then con- firmed for Councilman Roth that he did not object to the lot split providing that the existing house was torn down and two new houses of equivalent value to houses in the area be built. He also would not mind having the proposed driveway adjacent to his property instead of the Nokes. The applicant then introduced his engineer to answer some of the concerns posed by the residents. Mr. John Rose, 770 South Brea Boulevard, Brea, stated that relative to Mrs. Nokes statement concerning the driveway and trees, the driveway shown on the plan was 20 feet wide, and it was shown in the center of a 30-foot easement. That could be easily reduced in width and moved farther to the east so that it could clear the existing trees which were about 10 feet from the line. Thus, the trees could remain and that could be a condition placed on them. Mrs. Nokes also expressed concern about having a thoroughfare with all kinds of people driving up and down the driveway. However, the driveway was going to serve only one residence and there was an existing driveway at prement and the only thing that would happen was that the existing driveway would be improved, the trees trimmed and the land- scaping maintained. Concerning the surcharge on the retaining wall causing possible failure to the existing wall, since the subject property was lower than that of the Nokes property, there would be no road against the wall itself. The only load that could be imposed would be the load from the upper level aHd that was their own property. By having that difference in elevation, the Nokes were three to three and one-half feet higher than the subject road~ which would give the additional visual separation from the proposed project, which was only one story. Thus, with a six-foot high wall on top of the three-and one-half feet, the lower portion of the roofline would just about be covered. He continued that the size of the Nokes lot was less than 70 feet and according to his scale, it was approximately 65 feet. The new lot was 70 feet in width and in the flag, 30-feet. The new residence would be in the back and out of that view and thus it would be similar to a circular driveway which was the same as a number of homes on the street. Also, the Nokes property was in the rear which was less than 50 feet wide. Mr. Goodman's lot size was 11,250 square feet and 80-988 City Hall, Anaheim, California - COUNCIL MINUTES - August 5, 1980, 1:30 P.M. the area of the flag lot in question was 10,650 mquare feet including the drive- way. Somebody made the statement that by taking the driveway away, it was less than 6,000 square feet. He stated that was in error and that by taking the driveway off would leave a minimum of 7200 square feet. Mr. Crawford stated his lot was 85 X 144, but according to his (Rose's) map from the City, it was 71X 144. From the audience, a gentleman refuted the statement relative to size of the lot and indicated that Mr. Rose's map was in error. Mr. Rose explained that he was trying to point out that the neighbors were saying their lots were 85 feet wide when they were 71 feet wide just as the lot they were proposing was also 71 feet. Also, Mrs. Elliot's property was about the same size. Mr. Garnett lived on Loara on the cul-de-sac and all the lots were very small. Their proposal was definitely a 7200-square foot subdivision on that street. In concluding, Mr. Skjerven stated that having two homes on the subject property with homeowners who would maintain the property would be advantageous to the area rather than a home with a large lot that could not be sold to anybody at the present time. Two homes on the property with two new buyers would definitely add to the surrounding area. Councilman Roth asked if his plans were for one or two stories and also if he would,object to tearing down the first house completely. Mr. Skjerven first answered that both would be single story homes and that he would object to tearing down the old home cost-wise. In answer to a line of questioning posed by Councilwoman Kaywood, Mr. Skjerven reported the following: relative to upgrading the existing house, he had installed new cabinets, new floor coverings and painted. Improvements to the exterior were awaiting approval of the subject request. He did not know, relative to the plumbing, if it was hooked up to the City's sewer or on a septic tank. Their proposal included hooking up the new housing and the existing housing to the City's sewer system. To his knowledge, the plumbing and wiring were the same. Regarding the six-foot wall as explained by Mr. Rose, they had not proposed such a wall on their plan because the area was open, but if it was made a stipulation, that would be agreeable. Mr. Rose then explained that the proposed new residents who would be living on the rear of the property would be considerably south of the Nokes home so that the new home would not be anywhere near or adjacent to their home, but it would be closer to a home ~mmediately to the south of the new development. They were also considerably higher and a wall would completely blockthe view of their new home. He noted that Mr. SkJerven previously stated that the wall would be installed if it was a requirement. For purpose of clarification, the Mayor Pro Tem allowed a statement from one of the residents; Mrs. Nokes then clarified that their property was almost one-third of an acre. The entire lot under discussion was almost one-half acre which was proposed to be divided in half making two one-quarter acres. Of the one-quarter acre where the new home was proposed, the road would take part of that so that the house would be on approximately one-eighhh of an acre. The Mayor Pro Tem then closed the public hearing. 80-989 City Hall, Anaheim,.~al~ornia - COUNCIL MINUTES - Au~us.t 5~..1.980, 1:30 P.M. Councilwoman Kaywood asked staff if any permits were ever pulled on the old house for any kind of improvements. Miss Santalahti answered that the kind of improvements Mr. Skjerven discussed did not necessitate permits. If permits had been pulled for any building work, she would have expected they would have a sewer connection. If no such permits were pulled, she would not be surprised to hear they were either on a cesspool or septic tank. Councilwoman Kaywood stated that she would be concerned in having someone attempt to chop up such a lovely and stable neighborhood. As well, it was only about the third such area left in the entire City where horses could be kept. The old house on the subject property had not been improved since the applicant owned it, and she did not know why he should be entitled to any special privileges. Councilman Bay stated his opinion of zoning was to protect the residents of the area. He had always considered that all the expense and work they went through to have zoning and control was to protect the majority of residents. He viewed a request for a waiver or CUP or change of any kind, an exception to the rule. His judgment factor hinged upon whether the change would make the neighbors happy or angry. In this case, he drew a circle and put numbers on the lots surrounding the subject area, and the general impression from the people who attended the hearing was that they were opposed to the requested waiver. His decision, therefore, would be to deny the request for waiver to flag and split the lot in the way proposed. On the other hand, if there could be some changes to the design or some of the stipulations that a majority of the neighbors could accept, he would offer some possibility where there could be some negotiation between the new owner and his neighbors. In talking about splitting lots, and admittedly 18,700 square feet was a big lot to him, looking at the two large lots ~mmediately east and knowing the pressures to utilize land in the City for housing, he wondered if something could be worked out between neighbors and the owner. If the present request were granted, he did not think anything could ever be worked out because he felt it would be the first flag lot of many more flag lots to come. He would prefer to see a plan that involved more than one lot or perhaps there was a better plan for that lpt that the neighbors could accept. Since many neighbors testified against the waiver, he could see no way that he could go for the request under the present conditions because it was an exception to which the neighbors were opposed. Councilman Roth first noted that it was interesting that Mr. Loman, who would be greatly impacted, did not object to the lot split or to a driveway along his property. However, he was disappointed that the developers were unwilling to tear down the existing structure. He felt the only compromise somewhere down- stream was for the developer to review his plans again and resubmit them with some type of two new single-family structures at a later time. Mayor Pro Tem Overholt stated that he had no choice but to reverse the Planning Commission findings and hope~that the developer would get together with the neighbors and develop something that would upgrade the property, remove the old house and do something that everybody would be happy with. He was familiar with the area, and it was beautiful. 80-990 City Hall~ Anaheim, California - COUNCIL MINUTES - Au~us~ 5~ 19.80~ 1:30 P.M. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Bay, the City Council finds that this project would have no significant individual or cumulative adverse environmental impact due to the approval of the negative declaration since the Anaheim General Plan designates the subject property for low density residential land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal and that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse envirnomental impact and is, there- fore, exempt from the requirement to prepare an EIR. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 80R-347 for adoption, denying Reclassification No. 79-80-41 and Resolution No. 80R-348, denying Variance No. 3153, reversing the findings of the City Planning Commission. Refer to Resolution Book. RESOLUTION NO. 80R-347: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT A CHANGE IN ZONE SHOULD NOT BE GRANTED IN A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED. RESOLUTION NO. 80R-348: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 3153. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Roth and Overholt None Seymour The Mayor Pro Tem declared Resolution No. 80R-347 and 80R-348 duly passed and adopted. 176: PUBLIC HEARING - ABANDONMENT NO. 79-17A: In accordance with application filed by Larry Henderson, Community Center Authority, public hearing was held on proposed abandonment of that portion of Convention Way from 1,177.78 feet east of to 57 feet east of the centerline of West Street, pursuant to Resolution No. 80R-311, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated July 3, 1980 and a recommendation by the Planning Commission were submitted recommending approval of said abandonment. Mayor Pro Tem Overholt asked if anyone wished to address the Council; there being no response, he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the City Council ratified the determination of the Planning Director that the proposed activity falls within the definition of Section 3.01, Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. Councilman Seymour was absent. MOTION CARRIED. Councilman Roth offered Resolution No. 80R-349 for adoption approving Abandonment No. 79-17A. Refer to Resolution Book. 80-991 City Hall, Anaheim, California - COUNCIL MINUTES - August .5,.!980, 1:30 P.M. RESOLUTION NO. 80R-349: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THAT A CERTAIN PUBLIC STREET SHOULD BE ABANDONED AND ESTABLISHING CONDITIONS PRECEDENT TO SAID ABANDONMENT. (PORTION OF CONVENTION WAY) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Roth and Overholt None Seymour The Mayor Pro Tem declared Resolution No. 80R-349 duly passed and adopted. 169: REQUEST TO ADDRESS THE COUNCIL REGARDING NEW STREET LIGHTS: (Mills Drive, Claudina Street and Philadelphia Street) Mrs. William Erickson, 301 East North Street (Philadelphia and North) stated she wanted to speak about the new street lights that had been installed in her area. Although she realized the lights they had were obsolete, they had taken down three lights on her side of the street and put up one in their place. Instead of installing the white lights that relfected in the whole area, they installed yellow lights which did not illuminate the whole surrounding area but instead reflected across the street. As well, several were installed in the trees so that shadows resulted where they used to have so much more light. They had just installed lights on North Street that were all white lights and the bulb hung lower so that it lit up the whole area. With the yellow lights, the bulb was set up in the fixture thus causing shadows, and removing three lights replacing them with one did not make for a well-lit street. The yellow lights were just installed and she understood that they were also going to be installed on Clementine and Zeyn. Councilman Roth asked that Utilities staff explain the difference between the white and yellow lights and why they were being installed. Mr. George Edwards, Electrical Engineering Manager, stated they just received notice of Mrs. Erickson's request to speak to the Council today and, thus, were not prepared to respond to all of the questions. He would prefer to research the answers to some of the questions and subsequently prepare and submit a report to the Council. However, he believed Mrs. Erickson was referring to the'white light as either the old mercury vapor unit or the incandescent which was a true white light. The mercury vapor was a bluish light. The yellow light referred to was the high pressure sodium, the new unit they were instal- ling. They had more lumens than the old lights. Lumens were a measure of light. Their calculations showed that they were getting about six-tenths to eight- tenths lumens on the pavement which was considered above adequate lighting for a residential area. Councilman Roth asked if there was more light now with that type of bulb than with the old; Mr. Edwards answered that he did not know and would have to check the calculations to determine the answer. Councilman Roth explained to Mrs. Erickson that it was difficult for Mr. Edwards to respond, without first knowing what her questions were. 80-992 City Hall, Anaheim, California - COUNCIL MINUTES - August 5, 1980, 1:30 P.M. Mrs. Erickson answered that she had three City men call her the day after to ask what she was going to speak about, and, therefore, she did not understand why Mr. Edwards only received word today. Councilman Roth suggested that they give direction to the Utilities Department to come back in one week with the answers to questions posed. The Council wanted to do everything possible to illuminate the City's neighborhoods. If they were going to work on and fight crime in the residential areas, an impor- tant factor was good illumination. He asked that the item be agendized in one week and that the questions be answered accordingly. Mrs. Erickson stated she was speaking for all of the neighbors on Clementine and Zeyn as well; however, it was not possible for her to be present next week. She emphasized that it was not proper to take three bright lights away from the street and put up what she called a "bug" light. Mayor Pro Tem Overholt stated that they would ask the Utilities Department to prepare a report and then she and the Council would receive a copy and if she had any further questions, she could address those. He asked if that would be satisfactory to her. Mrs. Erickson answered "no". She also questioned why the new light shone in an arc across the street. Mayor Pro Tem Overholt stated it was just such questions that a report would answer and if there were more, she could come back to the Council and ask those questions. Mrs. Erickson stated that in the meantime, the new lights would be installed on the other streets and she was trying to eliminate problems for all the other people as well. She also did not think it was proper to install the light where there was a tree and then cut the tree down. Councilman Roth suggested that since Mrs. Ericks0n was leaving on an extended trip, that she give Mr. Edwards the name of one of her neighbors so that person could receive the report and subsequently communicate with the Council if necessary. 179: JAPANESE THERAPY CENTRE - REQUEST FOR TWO YEAR EXTENSION OF TIME TO THE PERIOD OF ABATEMENT: Robert and Amy Harding, requesting a two-year extension of time to the period of abatement set forth in Subsection 18.89.040 of the Code relating to Adult Entertainment, for the Japanese Therapy Centre, 1733 West La Palma Avenue. Councilman Roth moved to approve the requested two-year extension of time to the period of abatement set forth in Subsection 18.89.040 of the Code relating to Adult Entertainment for the subject Therapy Center. Councilwoman Kaywood seconded the motion. Before a vote was taken, Mayor Pro Tem Overholt asked if the Hardings were present; Counci]m~n Roth stated they were present but had just left. Councilman Bay asked if it was the first such request for an extension of time under the new ordinance. 80-993 City Hall, Anaheim, California - COUNCIL MINUTES - August 5, 1980, 1:30 P.M. City Attorney William Hopkins answered that it was the first one under the adult entertainment ordinance requesting a full two-year extension. Councilman Bay then asked why it was first and was it due to the fact that their CUP was obtained on a certain date. Mr. Hopkins answered "no". He believed they felt they should be given the exception because they had a special type of therapy and did not consider themselves to be a massage parlor. In any event, they were merely asking earlier than the other people due to the nature of their particular operation. The ordinance provided that they had until the end of the year to conform, but it was not possible for them to do so because they were too close to a residential area. Either they would have to go out of business or get an extension. He noted that Lt. Wilcox was present who might be able to provide additional information. Councilman Bay stated he had no question regarding the integrity of the business, but was trying to figure the logic of their asking for a two-year extension at this time, rather than at the end of December, so that it could extend three or four months longer. Mr. Talley stated he believed they were asking now and if not granted, they could find a place to move the business. Councilman Roth explained that the last time they moved was not too long ago, and it took them six months. He continued that the center was probably the most legitimate enterprise as witnessed by the Police Department and all the other witnesses that were going to testify including the Mayor of Orange who patronized the center for a medical reason. Their patronage was normally through recommendations through Anaheim Memorial Hospital, and acupuncture was a key function. Councilman Bay repeated that he did not have any questions concerning the in- tegrity of the business. He wanted to be certain they were not establishing any precedent that could lay the City open or whether this might be the first test case to set some precedent. That was his only concern. City Attorney Hopkins stated to a certain extent, a precedent were to approve but this was the type of organization that he did not think would cause the City any problem. Councilwoman Kaywood clarified that the request and recommendation was to approve the uae until December 1982, and not two years from today. Mayor Pro Tem Overholt asked whether there was undue hardship and what showing had there been of undue hardship. City Attorney Hopkins stated he guessed that would be due to the fact that they would have to go out of business on the 20th of December, 1980. As Councilman Roth mentioned, it would cause considerable difficulty in finding a new location because they would find it difficult to get their customers back and the letters received substantiated that. Mayor Pro Tem Overholt stated that the letters received were letters of recommendation as to the service performed. He con- tinued to question what showing there had been of undue hardship. 8o-.~94 City Hall, Anaheim, California - COUNCIL MINUTES - August 5, 1980, 1:30 P.M. City Attorney Hopkins stated that the letter addressed to the Council on June 24, 1980 indicated they were applying for the extension and they did not illustrate any definite hardship as far as their financial status. He felt it was inherent in the matter that moving and relocating their customers would create a hardship. They may have talked to Lt. Wilcox, but he (Hopkins) did not talk to them person- ally. Mayor Pro Tem Overholt stated he had a real concern about the matter. The Japanese Therapy Center was highly recommended and had a very high rating with the Police Department and had created no problem whatsoever. Yet the Adult Entertainment Ordinance provided that the Council was in a position to extend such an applica- tion for two years where there was a showing of undue hardship. He did not think there was such a showing. The Center was relying heavily on their rep- utation, but that was not what was stated in the ordinance. His feeling was that they may have other massage enterprises that felt equally as reputable and would provide many letters recommending their activity. He felt that they should con- tinue the matter so that the Hardings could testify. Councilman 0verholt thereupon moved that consideration of the subject request extension be continued one week for the purpose of receiving evidence of undue hard ship. Before any action was taken, Councilman Roth emphasized that there was a hard- ship in closing down a man's business. Financial cost were involved and trying to acquire another building took months to accomplish, plus getting the necessary variances or whatever necessary to make the move. The next business would not have the recommendations of the Police Department. There were also impeccable individuals supporting the Hardings, most of whom were patients referred from medical facilities and major hospitals. He could not understand, nor could he accept the fact that they had to punish the good with the bad. He was a great supporter of cracking down on prostitution and such adult businesses, but to put an organization, such as the Japanese Therapy Center, through the knothole of typical government bureaucracy was beyond his comprehension. Miss Santalahti explained that the Planning Commission recently had such conditional use permits come before it, the subject business plus another that was allowed to relocate. When they did so, they were forced out of their previous location. They were moving about the time the City began discussing the issue of the Adult Entertainment Ordinance. In other words, they went through the effort of the CUP and then spent the many hours on moving and subsequently received the unpleasant surprise of finding out that the City was now going to regulate in a manner that made their location almost 100% unacceptable. That was the case for this business as well. Mayor Pro Tem Overholt reiterated the issue before them was not whether or not the business was reputable or not reputable, but one of undue hardship, and they should have that showing so that the next time someone else came in that did not have that same reputation, they could not say that the Japanese Therapy Center was given an extension without any showing of undue hardship. Councilman Bay stated not only that, but those other businesses would walk the City right into court and win the case. He then seconded Councilman Overholt's motion for continuance. 80-995 City Hall, Anaheim, California - COUNCIL MINUTES - Au.~ust 5, 1980, 1:30 P.M. Councilwoman Kaywood stated she was concerned, from her interpretation, that undue hardship was the unfortunate idea of being lumped in with something they were not. In this case, the business provided genuine medical therapy and not adult entertainment, and she would thus consider that undue hardship Councilman Bay stated he personally felt they should be very careful with the first such case because it would set the pattern for many more to come. That was the reason he questioned why that was the first. Ail they were asking for was for a one-week delay and for the City Attorney to take a close look at the situation and give his advice as to how it should be handled. They could not afford to make a legal mistake on the first one. A vote was then taken on the foregoing motion: AYES: COUNCIL MEMBERS: Bay and Overholt NOES: COUNCIL MEMBERS: Kaywood and Roth ABSENT: COUNCIL MEMBERS; Seymour City Attorney Hopkins explained that since there was a equal split vote, the matter would automatically be carried over one week. Discussion then followed as to whether or not a representative of the Police Department need be present at the continued meeting. Mayor Pro Tem Overholt stated his motion to continue was-to receive evidence of undue hardship either in written or spoken form. He did not think it was necessary for all the character witnesses to be present. He also did not have a preference as to whether or not Lt. Wilcox was present at the next meeting. From the audience, Lt. Wilcox stated he would be available in any case. 123/162: COMMUNITY PRIDE PROGRAM: Gene Beyer, Director, requesting funding in the amount of $2,500 for the Community Pride Project. Mayor Pro Tem Overholt noted that Mr. Beyer was present earlier, but had to leave and asked that the matter be continued and be placed first on next week's agenda. On motion by Councilman Overholt, seconded by Councilwoman Kaywood, the subject request for funding for the Community Pride project was continued one week. Councilman Seymour was absent. MOTION CARRIED. CONSENT CALENDAR ITEMS: On motion by Councilman Roth, seconded by Councilman Overholt, the following actions were authorized in accordance with the reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 1. 118: CLAIMS AGAINST THE CITY: The following claims were denied and referred to the City's Claims Administrator: a. Claim submitted by American Housing Guild--Los Angeles for damages purportedly sustained as a result of accident involving a Sheldon Schiffer caused by condition of street at the intersection of Camino Vista and Camino Grande, and subsequent complaint filed against American Housing Guild--Los Angeles; date of accident October 12, 1976. 80-996 City Hall, Anaheim, Califorqia - COUNCIL MINUTES - August 5, 1980~ 1:30 P.M. b. Claim submitted by Shirley Dzula and Farmers Insurance Group for property damages purportedly sustained as a result of malfunctioning traffic lights at Haster and Katella Streets on or about May 25, 1980. c. Claim submitted by Lupe Navarro for personal injuries purportedly sustained as a result of slipping in a puddle at Anaheim Stadium on or about June 27, 1980. d. Claim submitted by Martin P. Norton for personal injuries and pecuniary loss purportedly sustained as a result of accident which occurred on or about June 11, 1980 at Anaheim Stadium. e. Claim submitted by Pacific Telephone for property damages purportedly sustained as a result of claimant's underground facilities being struck and damaged by City of Anaheim Water Department on or about May 7, 1980. f. Claim submitted by Paula Ann Yarber for personal injuries purportedly sustained as a result of slipping in puddle of water at Anaheim Stadium on or about June 29, 1980. g. Claim submitted by Margaret Gibbs for property damages purportedly sustained as a result of newly purchased mirror shattering due to road conditions on Katella Avenue, just east of State College Boulevard, on or about July 14, 1980. h. Claim submitted by Granada Square for property damages purportedly sustained as a result of unknown City employee shutting off electric meter in error on or about July 1, 1980, at the Granada Shopping Center, La Palma Avenue and State College Boulevard. i. Claim submitted by Gladys M. Parlin for personal injury damages purportedly sustained by Tammy K. Parlin as a result of fall from swing at Chaparral Park, on or about July 15, 1980. j. Claim submitted by Christie Turner for monetary damages purportedly sustained as a result of food loss caused by no electricity on or about July 14, 1980. k. Claim submitted by Rolland H. Wright for property damages purportedly sustained as a result of power line breaking and causing high voltage which blew the trans- former in claimant's garage door opener, on or about July 2, 1980. 1. Claim submitted by Nicholas Alexander Christy, for personal injuries purpor- tedly sustained during booking procedure at Anaheim Police Department on or about April 12, 1980. m. Claim submitted by Elling Jarold Severson for physical and psychological injuries purportedly sustained as a result of his false arrest, handcuffing, and booking in jail without legal or probable cause on or about May 4, 1980. n. Claim submitted by Phoenix Club, Inc., for indemnification relative to an incident which occurred in a hall operated by claimant on or about March 2, 1980, at which time security was being provided by Anaheim Police Department. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: 80-997 City Hall, Anaheim, California - COUNCIL MINUTES - August 5, 1980, 1:30 P.M. a. 105: Community Redevelopment Commission--Minutes of July 16, 1980. b. 105: Anaheim Park and Recreation Commission--Minutes of April 23 and May 28, 1980. c. 148: Orange County Fair Housing Council--Quarterly Report for April, May and June 1980. d. 105: Public Utilities Board--Minutes of July 3, 1980 (unapproved). 108: PUBLIC DANCE PERMIT: In accordance with the recommendations of the Chief of Police, a Public Dance Permit was approved for the Anaheim Soccer Club, for a dance to be held August 2, 1980, 6:00 p.m. to 1:00 a.m., at the Anaheim Convention Center. (Felipe Jesus Guerena, applicant) Councilman Seymour was absent. MOTION CARRIED. CONSENT CALENDAR ITEMS: Councilman Roth offered Resolution Nos. 80R-350 and 80R-351, for adoption in accordance with the reports, recommendations and certifications furnished each Council Member and as listed on the Consent Calendar Agenda. Refer to Resolution Book. 158: RESOLUTION NO. 80R-350: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Van Horne, Ltd.; Henry W. Ortlieb, et ux.; Lease-All La Palma; St. James Court; Joe Kerley, et ux.; Donald J. Stolo, et ux.; The Prudential Insurance Company of America; Lincoln Property, Anaheim) 164: RESOLUTION NO. 80R-351: 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: TRIPLE CROWN LANE-DERBY CIRCLE SEWER II~PROVEMENT, IN THE CITY OF ANAHEIM, ACCOUNT NO. 11- 790-6325-E0190; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS, AND SPECIFI- CATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened August 28, 1980, at 2:00 p.m.) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Roth and Overholt None Seymour The Mayor Pro Tem declared Resolution No. 80R-350 and 80R-351, both inclusive, duly passed and adopted. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held July 14, 1980, pertaining to the following applications, as listed on the Consent Calendar, were submitted for City Council information. 80-998 City Hall, Anaheim, California - COUNCIL MINUTES - August 5, 1980, 1:30 P.M. 1. RECLASSIFICATION NO. 80-81-2 AND VARIANCE NO. 3158: Submitted by Linda M. Graham, for a change in zone from RS-7200 to RM-1200, to construct a 4-unit apartment building on property located at 1180 Cherry Way, with Code waivers of maximum structural height and minimum landscaped setback. The City Planning Commission, pursuant to Resolution No. PC80-112 and 113, denied Reclassification No. 80-81-2 and Variance No. 3158, and denied negative declaration status. 2. VARIANCE NO. 3157: Submitted by Terrance A. and Mary D. Strouse, to construct a fence on RS-7200 zoned property located at 842 South Halliday Street, with a Code waiver of maximum fence height. The City Planning Commission, pursuant to Resolution No. PC80-114, granted Variance No. 3157, and ratified the Planning Director's categorical exemption determination. 3. CONDITIONAL USE PERMIT NO. 2085: Submitted by Bank of America Nationfl Trust and Savings Association, to retain an automobile detailing facility on ML zoned property located at 3093 East Miraloma Avenue, with a Code waiver of minimum landscaped setback. The City Planning Commission, pursuant to Resolution No. PC80-111, granted Conditional Use Permit No. 2085, and granted a negative declaration status. 4. CONDITIONAL USE PERMIT NO. 2089: Submitted by Gerard Lavelle Werner, as Trustee of the Gerard L. Werner and Lois Bernice Werner 1976 Trusts, to expand an existing concrete batching facility and operation on MH zoned property located at 201 East Commercial Street, with Code waivers of minimum landscaped setback and required enclosure of outdoor uses. The City Planning Commission, pursuant to Resolution No. PC80-115, granted Conditional Use Permit No. 2089, and granted a negative declaration status. No action was taken on the foregoing items, therefore the actions of the City Planning Commission became final. 177: STATUS REPORT OF'FREMONT AND APOLLO JUNIOR HIGH SCHOOL: That the Anaheim City Planning Commission does hereby recommend that the City Council send a letter to the Anaheim Union High School District Board indicating the City's concerns relative to low cost housing and the Planning Commission's willingness to participate in a joint meetin~ with th~ Community Redevelopment Commission, Housing Commission and the School Board to discuss the future development and land uses of surplus school sites. On motion by Councilman Bay, seconded by Councilman Overholt, consideration of the subject was continued one week for full Council action. Councilman Seymour was absent. MOTION CARRIED. ORDINANCE NO. 4150: Councilwoman Kaywood offered Ordinance No. 4150 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4150: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (78-79-5(1), RS-HS-10,000, Tract Nos. 10408 and 10713) 80-999 City Hall, Anaheim, California - COUNCIL MINUTES - August 5, 1980, 1:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Roth and Overholt None Seymour The Mayor Pro Tem declared Ordinance No. 4150 duly passed and adopted. 127: ARGUMENTS AGAINST TWO NOVEMBER BALLOT MEASURES: Councilwoman Kaywood noted that there was a notice asking for someone to write the argument for the items on the November ballot. She stated she would like to write the arguments against the two issues--the method of electing the Mayor and changing the date of City elections. City Clerk Roberts stated that the deadline for such arguments was August 15, 1980. Councilman Bay offered Resolution No. 80R-352 for adoption, authorizing Council- woman Kaywood to write arguments against two of the November ballot measures as articulated. Refer to Resolution Book. RESOLUTION NO. 80R-352: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 80R-120 RELATING TO A SPECIAL MUNICIPAL ELECTION. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Roth and Overholt None Seymour The Mayor Pro Tem declared Resolution No. 80R-352 duly passed and adopted. 114: GENERAL MOTORS ENERGY ASSESSMENT: Councilman Bay reported that the General Motors Energy Assessment team from General Motors was in town Wednesday, July 30. At that time, they received a draft of the Phase I report which was now under review. He also had a copy of that report. The next Regional meeting was to be held in Detroit on September 3, 4 and 5. As of the moment, he intended to attend with the Council's approval, but could request permission next week. 139: OPPOSITION TO AB 2464: Councilman Bay moved to oppose AB 2464 (Roos) on housing element guidelines and that the Council go on record as being in opposi- tion to that bill in its present form, since it did not clarify whether the housing element guidelines were mandatory or advisory. Before any action was taken, Cify Attorney Hopkins stated that a motion would be sufficient if a letter was going to be sent, otherwise a motion directing his office to prepare a resolution would be necessary. Councilman Bay stated since he did not know what state the bill was in at .present, he was not certain if there was time for a resolution. He suggested a letter be sent through the normal channels. Councilwoman Kaywood seconded the foregoing motion, with the understanding that a letter would be sent to that effect. Councilman Seymour was absent. MOTION CARRIED. 80-1000 City Hall, Anaheim, California - COUNCIL MINUTES - August 5, 1980, 1:30 P.M. RECESS - EXECUTIVE SESSION: By general consent the Council recessed into Executive Session. (6:35 p.m.) AFTER RECESS: Mayor Pro Tem Overholt called the meeting to order, all Council Members being present, with the exception of Councilman Seymour. (6:49 p.m.) 112: JOYCE MCKAY VS. CITY OF ANAHEIM, ET AL: On motion by Councilman Overholt, seconded by Councilman Bay, the City Attorney and Kinkle, Rodiger and Spriggs were authorized to accept the arbitration award and to settle Orange County Superior Court Case No. 27-30-26 (Joyce McKay vs. City of Anaheim, et al) for a sum not to exceed $3,900. Councilman Seymour was absent. MOTION CARRIED. ADJOURNMENT: Councilwoman Kaywood moved to adjourn. Councilman Bay seconded the motion. Councilman Seymour was absent. MOTION CARRIED. Adjourned: 6:50 P.M. LINDA D. ROBERTS, CITY CLERK