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1978/10/2478-1424 City Hall, Anaheim, California - COUNCIL MINUTES - October 24~ 1978~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts DIRECTOR OF PARKS, RECREATION AND ARTS: James Ruth CITY ENGINEER: James P. Maddox RISK MANAGER: Jack Love TRAFFIC ENGINEER: Paul Singer ELECTRICAL SUPERINTENDENT: George Edwards ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti ASSISTANT PLANNER: Bob Kelly Mayor Seymour called the meeting to order and welcomed those in attendance to the Council meeting. MOMENT OF SILENCE: In lieu of an invocation, the Mayor asked for a moment of silence. FLAG SALUTE: Councilman Don R. Roth led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATION: The following proclamation was issued by the Mayor and unanimously approved by the City Council: "National Diabetes Month in Anaheim" - November 1978. The proclamation was accepted by Sheila Hardy, Assistant Field Director of the National Diabetes Foundation. 119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was adopted by the City Council and presented to Mr. James Ruth, Director of Parks, Recreation and the Arts Department, and his staff for being selected the National Gold Medal winner for 1978 for excellence in park and recreation management. Mr. James Ruth introduced several members of his staff, Dick Kamphefner, Jack Kudron and Lloyd Trapp who made a great contribution to the Department's activities, culminating in the National award. Mr. Trapp then presented the plaque that had been received which the Mayor suggested be displayed at various locations before its final placement in the new City Hall. Mr. Ruth extended his appreciation on behalf of his staff to the City Council who made the improvements possible through their support, the City Manager and his staff, the Parks and Recreation Commission and the community at large. Mayor Seymour stated they were extremely proud of Mr. Ruth and his staff in light of the national recognition. MINUTES: Approval of minutes was deferred for one week. 78-1425 !~y Hall, Anaheim~ California - COUNCIL MINUTES - October 24~ 1978~ 1:30 P.M. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading, in full, of all ordinances and resolutions and that consent to the waiver of reading is hereby given by all Council Members unless, after reading of the title, specific request is made by a Council Member for the read- ing of such ordinance or resolution. Councilman Roth seconded the motion. MOTION UNANIMOUSLY CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,926,246.69, in accordance with the 1978-79 Budget, were approved. 164: AWARD OF CONTRACT - FAIRMONT BOULEVARD FLOOD DAMAGE REPAIR: (Account No. O1-232-6340-FRMNT) Councilman Roth offered Resolution No. 78R-689 for adoption awarding a contract to the low bidder in accordance with the recommendations of the City Engineer in his memorandum dated October 17, 1978. Refer to Resolution Book. RESOLUTION NO. 78R-689: 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: FAIRMONT BOULEVARD FLOOD DAMAGE REPAIR, IN THE CITY OF ANAHEIM, ACCOUNT NO. 01-232-6340-FRMNT. (Mac-Well Company, $15,805) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None Mayor declared Resolution No. 78R-689 duly passed and adopted. 169: AWARD OF CONTRACT - ORANGE~OOD AVENUE STREET IMPROVEMENTS~ NINTH STREET TO EUCLID STREET: (Account Nos. 13-792-6325-2120 and 01-792-6325-2120) Council- man Kott offered Resolution No. 78R-690 for adoption awarding a contract to the ]ow bidder in accordance with the recommendations of the City Engineer in his memorandum dated October 17, 1978. Refer to Resolution Book. RESOLUTION NO. 78R-690: 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: ORANGEWOOD AVENUE STREET IMPROVEMENTS, NINTH TO EUCLID, IN THE CITY OF ANAHEIM, ACCOUNT NO. 13-792-6325-2120, A.H.F.P. NO. 859 & 913. (Sully-Miller Contracting Company, $724,787.60) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Resolution No. 78R-690 duly passed and adopted. 78-1426 ~ity Hal~. Anaheim, California - COUNCIL MINUTES - October 24~ 1978~ 1:30 P.M. 160: PURCHASE OF EQUIPMENT - 12-INCH DUCTILE IRON PIPE - BID NO. 3469: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the low bid of Pacific States Cast Iron Pipe Company was accepted and purchase authorized in an amount not to exceed $8,841.25, including tax, as recommended by the Purchasing Agent in his memorandum dated October 18, 1978. MOTION CARRIED. 160: PURCHASE OF EQUIPMENT - 60,000 FEET OF #2 URD PRIMARY CABLE - BID NO. 3467: On motion by Councilman Kott, seconded by Councilwoman Kaywood, the low bid of G. E. Supply Company was accepted and purchase authorized in the amount of $45,474, including tax, as recommended by the Purchasing Agent in his memorandum dated October 17, 1978. MOTION CARRIED. 174: COMMUNITY DEVELOPMENT BLOCK GRANT FIFTH YEAR PROGRAM - PUBLIC HEARINGS: On motion by Councilwoman Kaywood, seconded by Councilman Kott, the City Clerk was directed to set public hearings for the Community Development Block Grant Fifth Year Program for Tuesday, November 21, 1978, at 7:00 p.m., and Tuesday, December 19, 1978, at 3:00 p.m. MOTION CARRIED. 131: REPAIR OF STATE ROUTE 72 (ANAHEIM BOULEVARD): On motion by Councilwoman Kaywood, seconded by Councilman Overholt, $380,000 was appropriated from Caltrans District Agreement 3432 for the repair of State Route 72 (Anaheim Boulevard) from the Route 91 Freeway to Cerritos Avenue, as recommended in memorandum dated October 12, 1978 from the City Engineer. MOTION CARRIED. 164: STORM DRAIN PRIORITIES - PLANNING PERIOD 1978-1983: On motion by Councilman Kott, seconded by Councilwoman Kaywood, storm drain priorities for the planning period 1978-1983 were established as outlined in memorandum dated October 16, 1978, from the City Engineer. MOTION CARRIED. 131: ORANGE COUNTY TRANSPORTATION COMMISSION TRANSPORTATION IMPROVEMENT PROGRAM - CITY OF ANAHEIM PROJECTS: Councilwoman Kaywood offered Resolution No. 78R-691 for adoption giving support to the projects requested to be included in the Orange County Transportation Commission Transportation Improvement Program as recommended in memorandum dated October 18, 1978, from the City Engineer. Refer to Resolution Book. RESOLUTION NO. 78R-691: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DESIGNATING CERTAIN PROJECTS FOR INCLUSION IN ~HE ORANGE COUNTY TRANSPORTATION COMMISSION'S TRANSPORTATION IMPROVEMENT PROGRAM. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Resolution No. 78R-691 duly passed and adopted. 174: REVISED FEDERAL-AID PROJECT AGREEMENT: (Revised agreement with the State of California Department of Transportation, Supplement No. 3 (revised) to Master Agreement No. 07-5055, Project No. PMS-000S (427). 78-1427 ~ity. Ha.il, Anaheim, California - COUNCIL MINUTES - October 24, 1978~ 1:30 P.M. Councilwoman Kaywood offered Resolution No. 78R-692 for adoption as recommended in memorandum dated October 13, 1978, from the City Engineer. Refer to Resolution Book. RESOLUTION NO. 78R-692: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF SUPPLEMENT NO. 3 (REVISED) TO LOCAL AGENCY- STATE AGREEMENT NO. 07-5055 WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION RELATING TO FEDERAL AID PROJECTS, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Resolution No. 78R-692 duly passed and adopted. 180: CITY'S SELF-INSURED GENERAL LIABILITY LOSS FUND: Mr. Jack Love, Risk Manager, stated that wherever Admiral/First State appeared in the resolution, that S & H Insurance should be substituted in its place. The resolution was developed by the City Attorney's Office at the outset of a submission of the quotation to the City and prior to the time that it was necessary for H & W Insurance Services to replace the Admiral/First State with a fronting company which was S & H Insurance. Councilman Overholt offered Resolution No. 78R-693 for adoption as recommended in memorandum dated October 17, 1978, from the Risk Manager, with the substitution of S & H Insurance in place of Admiral/First State. Refer to Resolution Book. RESOLUTION NO. 78R-693: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING A SELF-INSURED GENERAL LIABILITY LOSS FUND SO LONG AS THE CITY'S GENERAL LIABILITY EXPOSURE IS INSURED BY S & H INSURANCE COMPANY. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Resolution No. 78R-693 duly passed and adopted. i56: POLICE COMPLAINT FORM PROCEDURE: Councilman Kott stated that at.last Tuesday night's meeting (see minutes of October 10, 1978), the Council listened to a number of complaints by citizens for approximately 3 hours. One complaint focused upon the activity at the Police Station desk and what occurred when people walked in and asked for a complaint form. The Council was told that evening that the procedure had been simplified 4 weeks prior and that no present problems existed which, after investigation, was found not to be true. It seemed unusual to him that both the City Manager and the Acting Police Chief were not aware of what was ~ going on in their departments. 78-1428 ~ity Hall, Anaheim, California - COUNCIL MINUTES - October 24~ 1978~ 1:30 P.M. Councilman Kott continued that he had always been an opponent of the use of cadets in the Police Department especially since the department was constantly concerned relative to their image. To be confronted by cadets when first entering the Police Station was, thus, an initial detriment to the image they wanted to project. The City Manager and the Acting Police Chief had a responsibility to the public, as well as to the Council, and the false information they gave at the meeting when confronted with the complaints did not make the Council credible in the eyes of the public. In view of the foregoing situation and subsequent revelation that the new procedure as explained was not in effect, Councilman Kott offered a resolution for adoption that the City Manager and Acting Police Chief be censured with the forfeiture of one-third of their previous months' salary for relaying false information to the Council and the people. Before any action was taken, Councilman Overholt stated that he was going to vote against the resolution since he believed the City Manager and Acting Police Chief were as embarrased as the Council to find out that the new procedure outlined was not in effect. He commended Councilman Kott for personally investigating the matter, but his proposal of censure was rather harsh under the circumstances. Councilman Roth recounted that at a management seminar the previous year, he expressed his concern over the fact that when people entered the Police Station they were ususally in an emotional state and the first person with whom they came in contact was a cadet. He felt a sworn officer should be present to meet the public and monitor the situation, rather than having to be called from the back room. He had been concerned for over a year regarding the matter and had received complaints relative to cadets handling the public at the front desk. Councilman Roth continued that last Tuesday night he observed the City Manager turning to ask the Acting Police Chief whether or not the new system recommended by Chief Bastrup had been implemented relative to complaints and he was told yes. Thus, the City Manager was in the same category as the Council in accepting the word of department heads that something had been done. Mayor Seymour stated that he saw the problem relative to cadets basically as one of training. Young people, if properly schooled and trained, could deal success- fully with the public as evidenced by those working in private enterprise such as at Disneyland. Regarding last Tuesday night, he also commended Councilman Kott for pursuing the matter and although he was dissatisfied with the situation, he would not support the resolution. He was embarassed because of the way the people were treated at the hearing wherein they stated that the complaint form process was improper and they were told by the City Manager and Acting Police Chief that the procedure had been corrected. He was sorry that had occurred~ but agreed with Councilman Overholt that the proposed resolution of censure and deducting of pay was not an appropriate response to the situation. A vote was then taken on the proposed resolution and failed to carry by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kott Overholt, Kaywood, Roth and Seymour None 78-1429 ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - October 24, 1978~ 1:30 P.M. City Manager Talley acknowleged and confirmed the incident that occurred at the last Tuesday night Council meeting. If he had been advised of the matter that night, he would have seen to it that the procedure would have been as described at the meeting. It was however instituted the next morning. The Acting Chief called each of the persons who had attended the Council meeting and informed them of the unfortunate event that had occurred and apologized for it. For clarification purposes, Mr. Talley stated that Council was advised that the complaint procedure would not be changed until the Chief returned. He had re- turned yesterday and reviewed the procedure with the Anaheim Police Association so as to prevent another problem. That meeting took place today, and he was advised by the Chief just before the Council meeting that he was proceeding with redesign of the complaint form and subsequently would be issuing an order. He reiterated that as of last Wednesday morning, the new procedure was in effect. 129: FIREWORKS PERMIT: On motion by Councilman Kott, seconded by Councilman Roth, application for a Public Fireworks Display Permit submitted by Disneyland to discharge fireworks on November 18 and 19, 1978, between 2:15 and 2:30 p.m. each day was approved. MOTION CARRIED. 129: FIREWORKS PERMIT: On motion by Councilman Roth, seconded by Councilman Overholt, application for a Public Fireworks Display Permit submitted by Disney- land on behalf of the Anaheim Halloween Committee, to discharge fireworks on October 28, 1978 at 7:00 p.m., was approved. MOTION CARRIED. CONSENT CALENDAR ITEMS: On motion by Councilman Kott, seconded by Councilman Seymour, the following actions were authorized in accordance with the reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: ]. 118: CLAIMS AGAINST THE CITY: The following claims were denied and referred to the City's insurance carrier or the self-insurance administrator: a. Claim submitted by James L. Norgard for damages purportedly sustained as a result of actions by Anaheim Police on or about September 2, 1978. b. Claim submitted by Bonnie Thomas for personal injuries purportedly sustained as a result of a fall on the sidewalk directly in front of the Carousel Motel, 1530 South Harbor Boulevard on or about August 12, 1978. c. Claim submitted by Ronald R., Don R. and Mercia D. Clontz for personal injuries purportedly sustained as a result of actions by Anaheim Police on or about July 15, 1978. d. Claim submitted by David Bryan Barry for personal damages purportedly sustained as a result of action by Anaheim Police Officers on or about July 1, 1978. e. Claim submitted by Thomas Parks for property damages purportedly sustained as a result of an accident involving a city-owned vehicle on or about August 14, 1978. 78-1430 City Hall, Anaheim, California - COUNCIL MINUTES - October 24, 1978, 1:30 P.M. The following claims were recommended for approval: f. Claim submitted by Francis Locken for property damages purportedly sustained as the result of actions by the Anaheim tree trimming crew on or about August 13, 1978. g. Claim submitted by Fred Harders for property damages purportedly sustained as a result of his car being rear-ended by a city-owned vehicle on or about September 6, 1978. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 114: City of Rialto Ordinance No. 751 establishing a Mobile Home Rent Review Commission. b. 114: City of Westminster Resolution No. 1960 opposing State of California's lack of concern for the impact of State mandated costs. c. 140: Monthly report for August and September 1978 - Library. d. 105: Library Board - Minutes of August 21 and September 18, 1978. e. 175: Monthly report for September 1978 - Utilities Department, Utilities Field Division and Customer Service Division. f. 105: Community Redevelopment Commission - Minutes of October 11, 1978. g. 105: Youth Commission - Minutes of October 11, 1978. 3. 108: PUBLIC DANCE PERMIT: The following permit was approved in accordance with the recommendations of the Chief of Police: a. Public Dance Permit for the Sociedad Progresista Lodge No. 14 to hold a dance in Carpenters' Hall, 608 West Vermont Street, on November 4, 1978, from 8:00 p.m. to 12:00 a.m. (Alice C. Salcido, applicant) MOTION CARRIED. CONSENT CALENDAR ITEMS: Councilman Seymour offered Resolution Nos. 78R-694 through 78R-696, both inclusive, 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. 78R-694: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (David Navarro, et ux.; Dunn Properties Corporation; Lawrence J. Martin, et ux.; W.R. Grace Properties, Inc.; World Travel Bureau of Anaheim, Inc.; Robert Crane, Trustee; Jesse Arriola, et ux.; Vincent Paul Piertrok, et ux.; The Pacific Telephone and Telegraph Company) 78-1431 City Hall, Anaheim, California - COUNCIL MINUTES - October 24~ 1978, 1:30 P.M. 169: RESOLUTION NO. 78R-695: 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: APPLICATION OF TRAFFIC STRIPE PAINT, PAVEMENT MARKINGS AND DEVICES ON VARIOUS STREETS, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 12-796-6325-6010, 01-238-6340-00001, 01-238-6340-00002, and 01-238-6340-00005; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CON- STRUCTION 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 November 16, 1978, 2:00 P.M.) 103: RESOLUTION NO. 78R-696: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE ANNEXATION TO THE CITY OF ANAHEIM OF THE TERRITORY KNOWN AND DESIGNATED ANAHEIM HILLS NO. 27 ANNEXATION. (46.258 acres northeast of Canyon Rim Road and west of Serrano Avenue) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Resolution Nos. 78R-694 through 78R-696, both inclusive, duly passed and adopted. 123/163: PLACENTIA UNIFIED SCHOOL DISTRICT - PERMITTING OF BAND PRACTICE IN CITY STREET: In answer to Councilwoman Kaywood, Mayor Seymour stated he assumed that the problem with the neighbor relative to band practice had not been re- solved. Councilman Seymour offered Resolution No. 78R-697 for adoption. Refer to Resolution Book. RESOLUTION NO. 78R-697: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE PLACENTIA UNIFIED SCHOOL DISTRICT, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. (permitting band practice in City street located at Cresthill Drive between Kellogg Drive and Sundown Lane) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Resolution No. 78R-697 duly passed and adopted. 142: ORDINANCE NO. 3932: Councilwoman Kaywood offered Ordinance No. 3932 for first reading. 78-1432 City Hall, Anaheim, California - COUNCIL MINUTES - October 24~ 1978, 1:30 P.M. ORDINANCE NO. 3932: AN ORDINANCE OF THE CI%Y OF ANAHEIM AMENDING TITLE 7, CHAPTER 7.28 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO SECTIONS 7.28.030 AND 7.28.040 RELATING TO HOTEL LOITERING. 156: USE OF CITY EQUIPMENT ABOVE SPEED LAWS BY OFF-DUTY POLICEMEN: Councilman Overholt asked if anyone could enlighten him relative to the article in Action- line referring to officers who were observed traveling on the freeway returning from the Lyman Bostock funeral. He wanted to know when off-duty Policemen participated in an event if they use City equipment and if so, under what authority. It was of great concern to him to have City employees, even off-duty, operating City equipment above speed laws. City Manager agreed with Councilman Overholt and stated that he would provide a report to the Council on the matter. 109: MEETING WITH SENATOR CARPENTER: Councilwoman Kaywood reported that in a meeting with Senator Carpenter on October 23, 1978, they discussed some of the unknowns relative to the future implications of Proposition 13. Senator Carpenter stated that there was no way of knowing what was going to happen the next year or the following year. PUBLIC HEARING ON RAMS CONTRACT: Councilman Roth stated that he would be out of the state on November 7, 1978, the date set for public hearing on the Rams contract. He was concerned over what effect his absence might have, if any, should the hearing take place. Mayor Seymour stated that the public hearing was tentatively scheduled on the contingency that Mr. Rosenbloom had signed appurtenent documents by that time. If not, the meeting would be continued. City Attorney Hopkins stated that he did not see any problem with Councilman Roth's absence that date unless others on the Council would be absent at the same time. 148: LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE: Councilman Kott referred to a letter received from the Mayor's wife of San Dimas complaining about the League of California Cities Annual Conference held in Anaheim which was contrary to the report made by Councilwoman Kaywood. Councilwoman Kaywood reiterated some of the comments made by attendees at the conference whereby they felt it was the best conducted conference offering the best facilities and the best personnel anywhere. They were very pleased with Anaheim and were anxious to return. 105: LIAISON WITH LIBRARY BOARD: Mayor Seymour reported that as the result of a Council meeting with the Library Board, the Board indicated the need to have a more direct line of communication with the City Council than offered by the Council Liaison Committee concept. They wanted someone at every Library Board meeting, rather than one or two Council persons to meet with them periodically. The Council had expressed the feeling that they would be of a mind to provide such continuing representation. He thereupon moved that Councilman Overholt be appointed as the Council member to serve as liaison with the Library Board at each of their meetings. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 78-1433 ~ity Ha.ll~ Anaheim~ California - COUNCIL MINUTES - October 24~ 1978~ 1:30 P.M. MOTION: Councilman Seymour nominated Councilman Kott as an alternate to serve as liaison to the Library Board. Councilman Overholt seconded the motion. Councilman Kott declined the nomination. Councilman Seymour thereupon moved that Councilman Roth be appointed as alternate to serve as liaison to the Library Board. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 148: NATIONAL LEAGUE OF CITIES ANNUAL CONGRESS: The Mayor referred to a memorandum from the City Clerk relative to the National League of Cities Annual Congresss to be held November 25 through 29, 1978 in St. Louis, Missouri. He stated that, in his opinion, the National League, of which Anaheim was a member, was an effective organization within which positive things could be accomplished. Thus he believed it would be appropriate for him to attend the Annual Congress. MOTION: Councilman Overholt moved that the Mayor attend the National League of Cities Annual Congress from November 25 through 29, 1978 in St. Louis as the voting delegate. Councilwoman Kaywood seconded the motion. Before a vote was taken, Councilwoman Kaywood noted that a joint meeting with the Planning Commission, Community Redevelopment Commissio~ and the Housing Commission was scheduled for November 28, 1978; the Mayor stated he would check the agenda for the Congress, and if at all possible return in time to attend the joint meeting. Councilman Kott stated that in the spirit of Proposition 13, he would not support the motion. A vote was then taken on the foregoing motion. Councilman Kott voted "No". MOTION CARRIED. RECESS: By general consent, the City Council recessed to public hearing time. (2:30 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (3:00 P.M.) PUBLIC HEARING - RECLASSIFICATION NO. 77-78-46~ VARIANCE NO. 2994 AND TENTATIVE TRACT NO. 10254 (REVISION NO. 2): Application by Carl L. and Mildred E. Rau, Classic Development Corporation, for a change in zone from RS-A-43,000 (SC) and County A1 to RS-7200(SC), to establish a 16-lot subdivision on property located on the northwest side of Santa Ana Canyon Road, northeast of Mohler Drive, to- gether with a request for waiver of Council Policy No. 538 relating to'Lot Nos. 1 through 5, with a request for waiver of: a) minimum lot width and frontage b) requirement that single-family structures rear on arterial highways The City Planning Commission, pursuant to Resolution No. PC78-209 declared the subject project exempt from the requirement to prepare an EIR pursuant to the provisions of the California Environmental Quality Act and further granted Reclassification No. 77-78-46, subject to the following conditions: 78-1434 ~ity Hall~ Anaheim, California - COUNCIL MINUTES - October 24~ 1978~ 1:30 P.M. 1. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 2. That subject property shall be served by underground utilities. 3. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees, as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 4. That prior to the introduction of an ordinance a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the Office of the Orange County Recorder. 5. That these reclassification proceedings are granted subject to completion of annexation of subject property to the City of Anaheim. 6. That all structures constructed on subject property shall comply with require- ments of the City of Anaheim Fire Zone No. 4, as approved by the Fire Department. 7. That the developer(s) remove the two illegal tract signs located on the block wall (facing North) on the south side of the Riverside Freeway in Tract Nos. 7730 and 7736. 8. That the vehicular access rights, except at approved access points, to Santa Aha Canyon Road shall be dedicated to the City of Anaheim. 9. That the developers of subject property shall provide an adequate on-site vehicular turn-around area for Lot Nos. 12 through 15, as approved by the City Traffic Engineer. 10. That the developers of subject property shall pay the traffic signal assessment fee (Council Policy No. 214) amounting to $36.00 per each new dwelling unit prior to the issuance of a building permit. 11. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 4, 5, 7 and 8, 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. 12. That Condition Nos. 2, 6 and 9, above-mentioned, shall be complied with prior to final building and zoning inspections. The City Planning Commission, pursuant to Resolution No. PC78-210 granted Variance No. 2994 subject to the following conditions: 1. That this Variance is granted subject to the completion of Reclassification No. 77-78-46, now pending. 78-1435 City Hall, Anaheim, California - COUNCIL MINUTES - October 24~ 1978, 1:30 P.M. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 3, Exhibit No. 1. 3. That Condition No. 1, above-mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission may grant. 4. That Condition No. 2, above-mentioned, shall be complied with prior to final building and zoning inspections. The City Planning Commission approved Tentative Tract No. 10254 (Revision No. 3) for 15 lots. A review of the Planning Commission's action was requested by Councilman Kott at the October 3, 1978 meeting, 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. Councilman Roth asked if anything had been done relative to the concern expressed at the previous hearing regarding the view coming up from the tract toward Santa Ana Canyon Road. Miss Santalahti stated that staff or the developer determined that no modification was necessary. The concerns were in connection with grading for the tract and when completed the visibility would be provided. The Mayor asked if the applicant or applicant's agent was present and desirous of being heard. Mr. Ron Noyes, representing Classic Development, stated that they concurred with the recommendations of the Planning Commission. He then elaborated upon tbe vision problems about which the residents spoke. They were required to provide 300 feet of visibility which did not presently exist because of the weed growth and natural obstructions which would be removed. A left-turn pocket would also be constructed to provide access into the project from Santa Ana Canyon Road and if the Traffic Engineer deemed it necessary, a right-turn pocket would also be provided southbound onto Santa Ana Canyon Road. He also explained that the reason for the third revision in the tract map was due to a reduction from 16 to 15 houses providing one less driveway on the street. The Mayor asked if anyone wished to speak either in favor or in opposition. Mr. Ferdie Franklin, 1439 East Chapman, stated that he was present on behalf of some of the residents in the area to express their concerns regarding the develop- ment. He focused on one major area of concern, that being the four additional driveways, reduced from 5, to be added to Via Copala. The request for a variance involved the front lot width for two of the houses on Via Copala which would have 78-1436 ~it.y Hall, Anaheim, California - COUNCIL MINUTES - October 24~ 1978~ 1:30 P.M. the effect of allowing 3 houses on one side of the street where, without a variance, it would be limited to two. While the variance was minor, only two feet per lot, it was material to the proposal. There was a valid concern about the number of driveways coming into Via Copala given its very steep nature. It was a very hazardous area considering the high speed of travel on Santa Ana Canyon Road when approaching Via Copala. Therefore, if one house was deleted from the side of the street where three were now indicated, such action would not only eliminate the variance, but also enable the developer to locate the first driveway closest to Santa Ana Canyon Road farther away to give traffic coming off or onto that road a better view in observing cars ingressing or egressing from driveways on Via Copala. It was a safety factor which would be considered, and he suggested that the variance relating to minimum lot width and frontage on Via Copala not be granted. Mr. Franklin continued that the developer indicated there was a hardship shown with regard to the property. He suggested that no hardship had been shown. The law and language of the Municipal Code spoke in terms of a property owner being deprived of privileges enjoyed by other properties in the same area because of special circumstances. He suggested there were no special circumstances with regard to the subject portion of the subdivision, but simply the fact that the developer wanted to add one more house to an area where there was only room for two houses. Karen Schonherz, 157 North Mohler Drive, stated she was not representing the tract, but was present to connnent on what Mr. and Mrs. Craig Miller had suggested. She was also a member of HACMAC and was speaking in their behalf. She asked that since such a steep grade was involved if it would be possible to make a larger swing on the curve off Via Copala. It would mean taking some of the frontage away from the two lots or three on the east side of the street thereby making a larger swing resulting in a more gradual drop instead of a steep drop as now existed. As the attorney explained, there was no visibility to the bottom of the street when a vehicle was at the top crest of Via Copala, but if widened with a larger curve, it would be less of a steep drop enabling a driver to see to the bottom. The visibility problem had nothing to do with weeds or a wall. Mrs. Eve Miller, 7688 Calle Durango, stated that they were back to the Council because apparently the Planning Commission could not propose anything more than deleting one home and the problem of the street had never really been discussed. The Traffic Department only had record of one accident at Via Copala, but there were four others, two of which she had seen herself caused by vehicles losing control and possibly not being able to see on the corner. In both instances, the cars she observed fell into the property where the proposed houses were going to be located. Another problem was the street itself which should at least be straightened out so that the people who were going tO purchase a home could feel safe living in them. In concluding, Mrs. Miller stated that she had 16 different responses from homeowners in the area as to exactly what was trying to be done on the street which she submitted to the Council. Mr. Noyes stated it was not the first time that concerns and questions were raised relative to the street. The same questions had been asked before the Planning Commission and City Council previously and the last time the project was before 78-1437 City. Hall, Anaheim, California - COUNCIL MINUTES - October 24~ 1978, 1:30 P.M. the Council it was referred back to the Commission to answer those very questions-- namely the safety of the street, number of lots and the variances requested. The Planning Commission recommended that a lot be removed which they had done. The Commission also reinforced their original opinion that a hardship did exist and recommended that the waivers and variances be granted. It was not reasonable to state that the problem had not been considered and explored. The Traffic Engineer had also made an extensive survey of the traffic on the street and found the traffic count to be very low, 700 cars a day, and was unable to find any addi- tional hazards associated with the design. Classic had taken every step possible to resolve the problems and to answer the questions. There did not appear to be any way of realigning the street since it was feasible from a traffic standpoint. Having a temporary facility there at present with a grade differential was not as safe as having a fully improved street which they proposed to build at that loca- tion. The waivers and variances were also consistent with those granted in the adjacent tracts to Classic. His position was that the questions had been adequately explored and the answers presented were also adequate. Therefore, he asked for approval of the project. There being no further persons who wished to speak, the Mayor closed the public hearing. Councilwoman Kaywood asked Mr. Noyes if the suggestion that the street and curves be widened to make it less of a drop was valid. Mr. Noyes answered that the suggestion was considered and apparently it was not a valid solution inasmuch as the centerline of Via Copala was in alignment with the central line of Eucalyptus Drive on the other side of Santa Ana Canyon Road. Thus to move it would cause an offset of that central line. He explained further for Councilwoman Kaywood that the useful width of the street was reduced at this time because of the weed growth, but it would be widened from its present condi- tion, and as well, the parkway areas behind the curb would provide a wider path of visibility. Mr. Paul Singer, Traffic Engineer, explained that the street was not much wider than 24 feet at present, and it was going to be widened to 40 feet from curb to curb, plus a sidewalk. The Mayor asked Mr. Singer to speak to the concern expressed by the residents regarding visibility and the grade of the street and its effect on safety, as well as to the creation of additional driveways on Via Copala, and if there was anything further that could be done to mitigate the situation if an unsafe condi- tion existed. Mr. Singer stated that since the location was in the hill and canyon area, they were faced with unusual grades as opposed to the flat land. Thus, one could not expect the same type of visibility or maneuverability. The location of the street was captive because both ends of the street were fixed. The gentlest grade between the two had been established and at one point there was approximately 13 percent. It flattened out as it approached Santa Ana Canyon Road providing good visibility at the intersection. In fact, the visibility was good at both intersections, at Calle Durango and at Santa Ana Canyon Road and after improvement of the street, it 78-1438 City. Hail~ Anaheim, California - COUNCIL MINUTES - October 24~ 1978, 1:30 P.M. would be even better. Relative to the driveways, he hoped that the driveway on the west side, being the most critical because it was on the inside of the curve radius where visibility was reduced, would be located as far away from Santa Ana Canyon Road as possible. The Planning Commission recommendation was that visibility of 300 feet be maintained from this driveway in either direction. The driveways on the east side of the curve had far greater visibility and therefore would not be seriously impacting traffic. The Planning Commission also recommended that space be provided on each of the lots so that vehicles would not have to back out onto Via Copala, but be able to drive in and have the ability to turn around so that they could head back out rather than back out onto Via Copala. Those provisions, if adhered to, could mitigate some of the problems experienced in all hill areas. If the property was constructed accord- ing to the Planning Commission recommendations, it was his opinion that the street could be as safe as any other street in the City. However, that should not be misconstrued to mean that there would never be any accidents. Safety was still up to the individual using the street or the driveway. Mr. Singer also pointed out that the only reported accident on record since the opening of Via Copala was in the vicinity of the street, but Via Copala itself was not involved. In answer to Councilman Roth, Mr. Maury Nickel of Classic Development explained that the subject property was acquired by a grant deed at the request of the City and the original map did not cover the property. Their intention was to ultimately install a cul-de-sac in the location and thus it was not improved with the rest of the property. Pressure was applied from a homeowner group to the City indicating they wanted a second access at that point, and the City Engineer subsequently approached him asking if he would give the City an easement and access to Santa Aha Canyon Road. It was a request he felt he could not refuse; thus he granted the property to the City. There being no further persons who wished to speak, the Mayor closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Seymour, seconded by Councilman Roth, the City Council finds that this project would have no significant individual or cumulative adverse environmental impact on the environment 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; that the initial study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impact~ and i~, th~re£ore, exempt from the requirement to prepare an EIR. MOTION CARRIED. Mayor Seymour stated that Councilman Roth was correct to a degree that'the City in trying to respond to a concern expressed by the citizens for access to Santa Ama Canyon Road perhaps contributed to the grade problem of Via Copala. On the other hand, the Traffic Engineer was correct in pointing out that people living in the hill and canyon area could not expect flat land conditions. He was also satisfied that the Planning Commission and staff had worked with the developer to the greatest extent possible to mitigate the conditions relative to the con- cerns expressed by the homeowners in the area. The requirement imposed upon the 78-1439 City Hall, Anaheim, California - COUNCIL MINUTES - October 24~ 1978~ 1:30 P.M. developer to provide 300 feet of visibility in either direction would be a key fsctor in mitigating those concerns. He believed the problem lay in the fact that the neighbors did not want houses to be built at all, and he empathized with their point of view. It was clear to him however that the proposed homes offered much less density than the homes in which people were already residing in that neighborhood. The property owner had a right to develop his property as long as he did so while being sensitive to his neighbors in meeting the requirements set forth in the ordinances. Councilman Seymour thereupon offered Resolution No. 78R-698 for adoption authorizing the preparation of the necessary ordinance changing the zone as requested and Resolution No. 78R-699 for adoption granting Variance No. 2994, as recommended by the City Planning Commission. Refer to Resolution Book. RESOLUTION NO. 78R-698: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (77-78-46, RS-7200) RESOLUTION NO. 78R-699: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2994. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Seymour Kott None The Mayor declared Resolution Nos. 78R-698 and 78R-699 duly passed and adopted. TENTATIVE MAP, TRACT NO. 10254 (REVISION NO. 3): On motion by Councilman Seymour, seconded by Councilman Overholt, the proposed subdivision, Tentative Map Tract No. 10254 (Revision No. 3), containing 15 proposed zoned lots, together with its design and improvement were found to be consistent with the City's General Plan and the City Council approved said tentative map, subject to the following conditions recommended by the City Planning Commission: 1. That the approval of Tentative Map of Tract No. 10254 (Revision No. 3) is granted subject to the approval of Reclassification No. 77-78-46 and Variance No. 2994. 2. That should this subdivision be developed as more than one subdivision, each subdivision thereof shall be submitted in tentative form for approval. 3. That in accordance with City Council policy, a 6-foot masonry wall shall be constructed on the southeast property line separating Lot Nos. 6 through 8 and 14 through 16 and Santa Ana Canyon Road. Reasonable landscaping, including irrigation facilities, shall be installed in the uncemented portion of the arterial highway parkway the full distance of said wall, plans for said land- scaping to be submitted to and subject to the approval of the Superintendent of Parkway Maintenance. Following installation and acceptance, the City of Anaheim shall assume the responsibility for maintenance of said landscaping. 78-1440 City Hall, Anaheim~ California - COUNCIL MINUTES - October 24~ 1978~ 1:30 P.M. 4. That all lots within this tract shall be served by underground utilities. 5. That prior to the introduction of an ordinance, a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the Office of the Orange County Recorder. 6. That the covenants, conditions, and restrictions shall be submitted to and approved by the City Attorney's Office prior to City Council approval of the final tract map and, further, that the approved covenants, conditions, and restrictions shall be recorded concurrently with the final tract map. Said covenants, condi- tions, and restrictions shall include provisions for the satisfactory permanent maintenance of all slope areas located northerly of the block wall separating the tract from the Riverside Freeway. 7. That street names shall be approved by the City Planning Department prior to approval of a final tract map. 8. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees, as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 9. That drainage of said property shall be disposed of in a manner satisfactory to the City Engineer. If, in the preparation of the site sufficient grading is required to necessitate a grading permit, no work on grading will be permitted between October 15th and April 15th unless all required off-site drainage facilities have been installed and are operative. Positive assurance shall be provided the City that such drainage facilities will be completed prior to October 15th. Necessary right-of-way for off-site drainage facilities shall be dedicated to the City, or the City Council shall have initiated condemnation proceedings therefor (the costs of which shall be borne by the developer) prior to the commencement of grading operations. The required drainage facilities shall be of a size and type sufficient to carry runoff waters originating from higher properties through said property to ultimate disposal as approved by the City Engineer. Said drainage facilities shall be the first item of construction and shall be completed and be functional throughout the tract and from the downstream boundary of the property to the ultimate point of disposal prior to the issuance of any final building inspections or occupancy permits. Drainage district reimbursement agreements may be made available to the developers of said property upon their request. 10. That grading, excavation, and all other construction activities shall be con- ducted in such a manner so as to minimize the possibility of any silt originating from this project being carried into the Santa Ana River by storm water originating from or flowing through this project. 11. That reasonable landscaping, including irrigation facilities, shall be installed in the median of Santa Ana Canyon Road right-of-way in accordance with the requirements of the Superintendent of Parkway Maintenance. Following installation and acceptance, the City of Anaheim shall assume the responsibility for maintenance of said landscaping. 12. That the developer shall obtain a favorable flood hazard letter, acceptable to the City of Anaheim, from the Orange County Flood Control District. 78-1441 City Hall, Anaheim, California - COUNCIL MINUTES - October .24~ 1978~ 1:30 P.M. 13. If permanent street name signs have not been installed, temporary street name signs shall be installed prior to any occupancy. 14. That the owner(s) of subject property shall pay appropriate drainage assess- ment fees to the City of Anaheim, as determined by the City Engineer, prior to approval of a final tract map. 15. That final specific plot, floor and elevation plans shall be submitted to the Planning Commission and/or City Council for review and approval prior to issuance of building permits. 16. A left-hand turn pocket on Santa Ana Canyon Road and Via Copala shall be constructed by the developer for east-bound traffic and shall be approved by the City Engineer. 17. That appropriate water assessment fees, as determined by the Director of Public Utilities, shall be paid to the City of Anaheim prior to the issuance of a building permit. 18. That the developer shall provide adequate visibility for vehicles exiting Via Copala onto Santa Ana Canyon Road for a minimum distance of 300 feet of the approach permit. 19. That sound-attenuation measures adjacent to Santa Ana Canyon Road and the Riverside Freeway shall be provided in accordance with Council Policy No. 542. 20. That any specimen tree removal shall be subject to the regulations pertaining to tree preservation in the Scenic Corridor Overlay Zone. 21. In accordance with the requirements of Section 18.02.047 pertaining to the initial sale of residential homes in the City of Anaheim Planning Area "B", the seller shall provide each buyer with written information concerning the Anaheim General Plan and the existing zoning within 300 feet of the boundaries of subject tract. Councilman Kott voted "No". MOTION CARRIED. MOTION: On motion by Councilman Seymour, seconded by Councilman Overholt, waiver of Council Policy No. 538 relating to Lot Nos. 1 through 5 of Tentative Tract No. 10254, was approved. Councilman Kott voted "No". MOTION CARRIED. 155/175: PUBLIC HEARING - ENVIRONMENTAL IMPACT REPOT NO. 221: City of Anaheim to consider the construction of an electric utility substation on the east side of Fairmont Boulevard approximately 550 feet south of Santa Aha Canyon Road. Mr. Bob Kelly, Assistant Planner, explained that the site for the proposed sub- station was selected by a committee consisting of members of the Planning Commis- sion, a consultant from the Electrical Division and members of HACMAC. The EIR was reviewed by HACMAC, and they noted a concern with the proposed transmission line on Fairmont Boulevard. They recommended that the City Council consider the cost versus the benefits of the appearance of the transmission line along Fairmont with the possibility of undergrounding and as another alternative the possibility 78-1442 City Hall~ Anaheim, California - COUNCIL MINUTES - October 24~ 1978~ 1:30 P.M. of locating the transmission line along the side of Fairmont instead of in the median strip. The EIR Review Committee recommended that the EIR be certified as being complete and adequate. On questioning by the Council, Mr. George Edwards, Electrical Superintendent, relayed the following: the cost to run the lines along the side of Fairmont instead of the median would be approximately the same; the standard construction for transmission lines in the area was presently overhead because of the cost. They were proposing to exit the substation with underground circuits in order to maintain the aesthetics of the station, but otherwise the lines would be overhead; Anaheim Hills, Inc. had installed about 7 miles of underground lines on Serrano and Canyon Rim Road, but mostly all others were overhead; the sub- division facilities would be underground, but the lines along the main arterials and streets would be overhead. The high voltage circuits were much more expensive to put underground, thus lines generally above 50,000 volts were overhead. The Mayor asked if anyone wished to speak either in favor or in opposition; there being no response, he closed the public hearing. Mayor Seymour stated that there was no doubt that the site was a proper one for the substation because there had been a great deal of input from HACMAC, the Planning Commission and the Public Utilities Board. They had done a fine job in research and location. His primary concern was relative to the lines, whether they should be overhead or underground. He preferred to see them go underground, but a sizeable expense was involved of some $500,000. He therefore wanted to have a questionnaire developed and inserted in the Utility bills of the people living in the hill and canyon area asking their opinion as to whether or not they wanted to have the lines underground for aesthetic purposes and further whether or not they would be willing to pay for the undergrounding. The response from the questionnaire would thus provide guidance in making a decision. The format of the questionnaire sho~ld first be submitted to the Council for approval before mailing to assure the questions being asked would solicit responses on which a decision could be made. City Attorney Hopkins confirmed for Councilman Roth that relative to forming an assessment district, it would be a matter of electrical equipment being installed on a street light basis and thus could fall under an assessment district concept. Councilman Roth stated that the questionnaire should give an estimate of costs per household. Mayor Seymour stated that the questionnaire should speak not only to today's population, but also tomorrow's population as well, since the cost when split among future residents would be much less significant. Councilman Seymour moved to direct staff to prepare a questionnaire for residents of the hill and canyon area relative to their preference of underground or over- head lines and if they would be willing to help pay costs, with the questionnaire first to be submitted to the Council for approval prior to mailing. Councilman Kott seconded the motion. Before a vote was taken, a brief discussion followed wherein Councilwoman Kaywood posed several questions to Mr. Edwards. She was concerned that the people in the area might be misled if it was not clear that only the new lines would be underground 78-1443 City Hall~ Anaheim, California - COUNCIL MINUTES~- October 24~ 1978~ 1:30 P.M. where they might be expecting the elimination of all poles in the canyon area. She also understood the cost difference in new construction between overhead and underground was 10 to 15 times more, but when talking about conversion from overhead to underground the cost was much greater. Mr. Edwards confirmed that the cost would be greater, but he did not know how much. He also confirmed that the location of the transmission line in the center or the side of Fairmont was immaterial to them, but it would be discussed with HACMAC. A vote was then taken on the foregoing motion. MOTION CARRIED. ENVIRONMENTAL IMPACT REPORT NO. 221 - CERTIFICATION: Environmental Impact Report No. 221 having been reviewed by the City staff and recommended by the City Planning Commission to be in compliance with City and State Guidelines and the State of California Environmental Quality Act, the City Council acting upon such information and belief does hereby certify, on motion by Councilman Seymour, seconded by Councilwoman Kaywood, that EIR No. 221 is in compliance with the California Environmental Quality Act and City and State Guidelines. MOTION CARRIED. On motion by Councilman Seymour, seconded by Councilman Kott, the substation site was approved and the Real Property Division authorized to have the property appraised and to negotiate for the purchase thereof. MOTION CARRIED. RECESS: Councilman Kott moved to recess to 7:30 p.m. in the Anaheim Room of the Anaheim Convention Center, 800 West Katella Avenue. Councilman Seymour seconded the motion. MOTION CARRIED. (3:55 P.M.) PRESENT: ABSENT: PRESENT: ABSENT: PRESENT: ABSENT: PRESENT: ABSENT: PRESENT: CITY COUNCIL: Overholt, Kaywood, Kott, Roth and Seymour CITY COUNCIL: None PLANNING COMMISSION: Johnson, Tolar, Herbst, Barnes, David, King and Bushore PLANNING COMMISSION: None GOLF COURSE ADVISORY COMMISSION: Endicott, Lewis, Martin, Messe, Herling, Klein, Sweet and Bartholomew GOLF COURSE ADVISORY COMMISSION: Patterson HILL & CANYON MUNICIPAL ADVISORY COMMITTEE: HILL & CANYON MUNICIPAL ADVISORY COMMITTEE: CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts ASSISTANT CITY MANAGER: William T. Hopkins PLANNING DIRECTOR: Ron Thompson STADIUM-CONVENTION CENTER-GOLF DIRECTOR: Tom Liegler ASSOCIATE PLANNER: John Anderson PROGRAM DEVELOPMENT & AUDIT MANAGER: Ron Rothschild Rau, Sisson, Schonhertz, Gunter, Allen, Dyas~ Gowa, Hall, Pinson, Rivera and Burlington None 78-1444 City Hall..~ Anaheim~ California - COUNCIL MINUTES - October 24~ 1978~ 1:30 P.M. AFTER RECESS: Mayor Seymour called the joint meeting to order at 7:30 p.m., for the purpose of conducting a public meeting to consider the Anaheim Hills Golf Course operation/alternatives. He briefly introduced the various commis- sions, Council Members and staff present and then turned the meeting over to Mr. Talley for the staff presentation. 135: PUBLIC HEARING - ANAHEIM HILLS GOLF COURSE OPERATIONS/ALTERNATIVES: Mr. Talley reviewed the objectives for the evening's meeting and advised that one of the directions given by the City Council to staff following the adoption of Propo- sition 13 was to review every operation in the Citv and report back on recommended increases or decreases in pro,rams. One of the reasons for the concentration on the Anaheim Hills Golf Course is that it is an enterprise operation and when first conceived was to have achieved a break-even position by now. One of the recommenda- tions was that consideration be given to ceasing the golf course operation and utilizing that property as a low-maintenance greenbelt area to reduce the City's liability. Part of Council discussion directed staff to review alternatives for the Anaheim Hills Golf Course and in addition some interest was received from the private sector regarding management of the course and use of available land. For these reasons, the evening's presentation and discussion will include the physical parameters, legal and physical limitations on the land and alternatives available to the City. Mr. William T. Hopkins presented a short summary of the historical highlights in development of that property as a golf course beginning in 1965 when the land was designated as open space in the Hill and Canyon General Plan; later recommended that a championship golf course be built; in 1970 the land was transferred from the responsibility of Public Works to the Parks, Recreation and the Arts Department and agreements executed with the Robert H. Grant Company for purchase of the property to develop the golf course facility and clubhouse; this agreement called for a special fund as a lien against the property and the General Fund is not liable for payment. The course was constructed in 1971-72 at a cost of $1,374,000; in 1975, the respon- sibility for management of the course was shifted from Parks, Recreation and the Arts to the Stadium and Convention Center management; in 1976 an equestrian center lease was executed between the City and Texaco-Anaheim Hills for use of some of the excess portion of property. Mr. Tom Liegler summarized the current operation of the courses which came under his leadership as the result of the Arthur Young & Company recommendation following a complete City-wide management audit. He advised that at that time the City Council and Golf Course Advisory Commission unanimously passed and executed the following present objectives for operation of the Anaheim Hills Golf Course: to provide a golfing activity by attempting to assure that any operational debt service, interest, amortization, and all other costs of the combined activities be met by revenues from fees, food and beverage income, professional services and all other possible sources of golf course related income; and further, to provide an attractive and accessible facility for golfers and others at reasonable costs for the enjoyment of the general public. The agreed upon scope of work was, in other words, to try to make the courses pay for themselves; try to keep the golfers happy and try to upgrade both of the courses. 78-1445 ~ity Hall., Anaheim, California - COUNCIL MINUTES - October 24~ 1978~ 1:30 P.M. Mr. Liegler advised that the end results of six years of golf course operations are a total of three years of improvements completed, but in his staff's opinion, the course is yet to be completed. Before the City can expect a net profit, con- siderable front expenditures must be made. He stressed that whoever operates the course, it must be recognized that there are substantial non-operating costs to be taken into consideration before profits--these relate to payments on the land; completion of the course; repair of severe erosion damage. He explained that if the destruction from the rain last spring is not repaired soon, it will become a major cost. Mr. Liegler concluded that his department and staff are prepared to uphold what- ever policy and course of action the City Council decides upon. He announced that in the next fiscal year the financial report on the enterprise accounts, including Anaheim Hills Public Golf Course, should reflect a bottomline net of well over $3.5 million to be deposited back into the General Fund and this he feels is a valid reason for the City to remain in the enterprise business. Mr. Ron Rothschild, Program Development & Audit Manager, reviewed the fiscal history of the last six years of operation at the Anaheim Hills Golf Course, noting that revenue growth went from $280,000 to $588,000 per year in this period of time, for a 110 percent increase; conversely however, expenditures rose from $504,000 to $934,000 per year for an operating loss ranging from $244,000 to $346,000 last year, or a 55 percent increase in operating losses. He summarized some of the reasons the Anaheim Hills Golf Course operates in a deficit position: (1) the land payment of $141,000 per year; (2) the $210,000 payment for the remainder of the land purchased and designated for park purposes which amount will be retired in 12 more years; (3) the fact that for most efficient maintenance, golf fairways should not be graded at more than 10 percent grade and at Anaheim Hills there are some fairways in excess of 25 percent grade; (4) the maintenance facility is somewhat removed from the main portion of the course; (5) while the course is designed to be challenging, it is not adaptable for fast and easy play which restricts the numbers of rounds played; (6) the terrain of the course demands the use of golf carts and this limits the size of the recrea- tional public using the course; (7) the drainage culvert running through the middle of the course requires continual maintenance. (More detailed information including balance sheets, profit and loss statements, was offered to both Council Members and public if they so desired.) Mr. Rothschild briefed the assembly on the legal constraints placed on the course, i.e., if it is not kept by the City it must be retained as an 18-hole golf course unless the existing indebtedness is paid off in full, or a change in use is approved under the existing agreements; if the course is sold or leased, the proceeds from same must be used to retire the existing indebtedness; if the'City elects to offer the property for sale, other public agencies must have the first right of refusal in accordance with State law. Mr. John Anderson, Associate Planner for the City of Anaheim Planning Department, using a series of slide transparencies, addressed the subject of the physical aspect of the golf course and exploration of some options available to the City from a la~ use planning point of view as follows: 78-1446 City Hall, ~nah~im~ California - COUNCIL MINUTES - October 24~ 1978~ 1:30 P.M. The Anaheim Hills Golf Course is shown on the City's adopted General Plan as an open space, multi-use area. A portion of it is the Southern California Edison easement, forming a link to other open space features such as Oak Canyon Park; it serves for flood control and recreation purposes. Insofar as it is located downstream from the Walnut Canyon Reservoir, it acts as a public safety feature. The layout of the land is such that 200 of the 235 subject acres lie north of Nohl Ranch Road and 35 acres lie to the south of it. The golf facility consists of a clubhouse, maintenance building and 18 links, although there is a proposal to increase these to a total of 27 golf links. The natural features include a water course bisecting the property and running east and west. The area on the perimeter of the course shows considerable slope features, some of these over 50 percent slope. There are numerous trees in stands or as individuals. Based on the natural features and access situation, 111 of the 200 acres north of Nohl Ranch Road and the entire 35-acre portion to the south were identified as potential areas which are possibly available for more intensive development, as these are not located in the Southern California Edison easement nor in the flood path and are accessible. (Above areas identified as Parcels A through J for purposes of this study and later consolidated into Parcels AB-I, C-i, H-i, H-2, I-1 and J-1.) Each of these parcels were then reviewed in terms of numbers of acres, costs to access or improve prior to sale, and the net revenue ranges these parcels might yield, assuming single- or multiple-family housing units were developed. The net revenue yield ranged from a minus $100,000 to a $250,000 gain. The review of the option areas gave staff an idea as to which of the parcels could be developed more intensively without eliminating the 18-hole golf course. A list of potential uses for the golf course was developed in which all possibil- ities were included. It was pointed out that one of the concepts considered was a passive recreation area on an unused portion of the course with more intense development in the immediate environment of the clubhouse such as a racquetball facility and spa; consolidation of some of the park and recreation features in the area; removal of the fiscal responsibility for erosion control from the golf course; course improvements to holes 12 and 13 to facilitate maintenance and possibly increase revenues from more play. The end result of this review was that a maximum of 67 acres were identified which could conceivably be developed and which would bring to the City a range o£ net revenue from $326,000 to $1,301,000. However, subtraction of the optimum amount from the outstanding principal, still leaves the City in a deficit position on the land amounting to approximately $431,308. At the conclusion of the staff presentation, Mayor Seymour requested that the Chairmen call their respective boards and commissions to order, and there being a quorum present, the Planning Commission, Golf Course Advisory Commission and Hill and Canyon Municipal Advisory Commission were all called to order at 8:30 p.m. 78-1447 ~ity ~all, Anaheim, California - COUNCIL MINUTES - October 24, 1978~ 1:30 P.M. Mayor Seymour opened the floor for discussion. During the evening's dialogue the following persons spoke in favor of retaining the Anaheim Hills Golf Course as an operating 18-hole golf facility: Jim Christiansen, 2832 Campus Drive, Newport Beach, representing Robert P. Warmington Company; Pam Berry, 6012 La Paz Circle; Ethel Gowa, 531Paseo de Luna; Pat Fadisch, homeowner from Hunter's Point; Sue Cohn, resident of Anaheim Hills; Dan Salceda, representing Anaheim Hills; Kenneth Hueler, 906 Pioneer Drive; Bob Ninburg, 6580 Paseo Caballo; Stewart Peeler, 7001 East Country Club Lane; Paul Sims, resident of A~Laheim Hills; Ann Lockridge, Vice President of Anaheim Hills Women's Golf. Club; Larry Snyder, 1923 Fruit Street, Santa Ana, representing the Anaheim Hills Men's Golf Club; Richard James, 7015 Blackbird; George Hathaway, 1923 Rosewood Avenue. Basically, the reasons given in support of this position by the above-mentioned people were: the golf course provides a visual amenity which is very ~mportant to the people living around it; that when the developers and homeowners bought the property surrounding the course, they were told the golf course would remain, so that it is now a matter of credibility that the City retain the course; the City is committed to those who bought homes because of the combination of mistakes made in 1971 and 1972 when the City was duped into buying land and developing the course for the benefit of private developers and secondly, that the design of the course is not feasible and therefore does not attract the number of golfers it should; that the City must first spend money in order to make money and that by putting some front capital out for redesign of the golf course to make it easier to play, the golf course would pay for itself; that the property was pur- chased at a reasonable rate and is a good investment; that people surrounding the course have paid money for view sites and were not informed there might be problems with retaining the golf course; because area residents do play on the golf course and like it; it provides an oasis in the middle of surrounding development; the Anaheim Hills, Inc., has spent considerable time and energy in developing a plan for the community which would provide the right balance of recreational amenities, open space, commercial and residential uses and this plan should be maintained; that the loan for the golf course property is at very low interest and within a reasonable period of time will be paid off; that golf courses have to be thought of in terms of 20- to 30-year investments and that this one will pay for itself if the City hangs on to it; that the sale of this course to a private entity would remove any future decision as to the use of that land from the surrounding citizens; that the aesthetic value of the course is reflected in the price of the homes and thus adds to the City's tax dollars; that it is a recreational opportunity which does bring in some revenue, whereas there are parks throughout the City which are maintained at taxpayer cost and will never be self-supporting; that there is "penny-wise, pound-foolish" attitude in the concern for immediate fiscal return on what is a long-term asset; that this course is one of the few amenities provided the people in the hill and canyon area who are far removed from the Stadium and Convention Center; that if the City could afford to expand the Stadium in an effort to attract the Rams, they could also afford to maintain the course; (To this last comment, Mayor Seymour noted that the final decision has not yet been made on the Rams contract, and the City Council has indicated they will not agree to bring the Rams into Anaheim if it will cost the payers one cent.); that there have been tremendous improvements at the course since 78-1448 City Hall, Anaheim, California - COUNCIL MINUTES - October 24~ 1978~ 1:30 P.M. the operation was taken over by the Stadium-Convention Center Director and after spending all of this time and money, the City should "hang in there" as the course will shortly be profitable; that the area is continually developing and with more and more people moving in, there will be more play and increased revenue; that the losses discussed do not amount to that much when you consider that these amounts are less than the costs of most of the homes surrounding the course. Additionally, it was suggested during discussion that the Clubhouse restaurant be revamped for entertaining and that the food offered be of a type that would attract more patrons and that the prices for same be increased accordingly; that the course be given a trial at management by a private corporation was also mentioned as well as the employment of a professional golf course manager. Questions raised during the discussion related to ownership of the 6 percent note; with whom the agreement restricting use of the golf course was made; and from whom the land was originally purchased (asked by Bruce Ickus, homeowner in the Woodcrest Development). Mr. Rothschild replied that the land was originally purchased from the Robert H. Grant Corporation and the restriction on use of this land was incorporated into the original purchase agreement with that firm. He added that the 6 percent note is now held by Santa Anita Enterprises. Mr. Hal Barstow, homeowner in Anaheim Hills, questioned whether the figure given as a cost for the drainage canal on the golf course was an annual maintenance cost or a capitalized cost to which Mr. Rothschild responded that the $100,000 figure represents the minimum amount necessary for deferred maintenance on the channel to repair the erosion damage caused last spring. The annual maintenance cost would be a much smaller amount. Speaking against the City's maintaining the property as a golf course was Mr. Lou Dexter, 305 North Ranchito Street, who indicated that the course has been losing money ever since its opening and is estimated will be in a deficit posi- tion of $407,000 this year despite the excellent management job done by Tom Liegler, and that the Council should consider the best decision for all of the Anaheim taxpayers, not just those who live near the golf course. He noted that the people on the west side of Anaheim have contributed many tax dollars towards the golf course; that Federal Revenue Sharing Funds have been used on the course and summarized that the taxpayers collectively have, over a period of time, in- vested a huge sum of money which could have gone into some other priority. He suggested setting up a special tax assessment district for the Anaheim Hills area to retain the course. Dr. George Kirkelie, representing the Anaheim Elks Lodge No. 1545, advised that this Lodge must relocate from their present facility because of Redevelopment Project Alpha and proposed that they would build a $450,000 to $500,000 structure, at their expense, on the excess golf course property. This facility would be available to the public for social functions, and the arrangement would allow the golf course clubhouse food and beverage manager and the Elks Club management to coordinate their needs. He stated that he believes the revenues realized by the City from food and beverage, golf carts and green fees would be increased 78-1449 ~ity Hall, Anaheim, California - COUNCIL MINUTES - October 24~ 1978~ 1:30 P.M. through this mutual venture. In addition, the structure would be such that it would be an asset to the City and according to State law would revert to the City after 50 years. He noted that this facility would provide a much needed recreational center in the hill and canyon area. He concluded that the Anaheim Elks Lodge endorses the recommendation issued by the Golf Course Advisory Commis- sion Subcommittee regarding the rezoning and sale of certain portion of the golf course and maintenance of the golf course property itself as an operating 18-hole course. Councilman Kott requested that those in the audience favoring the Elks Club proposal stand to indicate their approval and a large portion of the audience stood. Mr. Gary Loughman, 6466 Via Corral, stated that he lives directly across from the Anaheim Hills Golf Course. He advised that his problem relates to the noise that he currently endures coming from the golf course clubhouse. When he heard that the Elks were considering erecting a structure and moving to this location, he did some further investigation at the 12 Elks clubs in Orange County and talked with residents in the area surrounding these clubs. He contended that he learned as a result of his efforts that the Elks have no control over the volume of music played at their facilities nor of the duration of the parties. Furthermore he understands that these facilities are booked for every weekend to the end of this year. He inquired if the City Council is interested in the Elks Club proposal, then what will they do about the noise problem. Speaking in favor of the Elks proposal were Mr. Lou Dexter, 305 North Ranchito Street, who felt it might alleviate the financial problem. Mr. Richard James, 7015 Blackbird Lane, asked that the Council consider the issue of sound and its impact on the surrounding neighborhood when they considered the Elks proposal. He related that he too has experienced a great deal of noise from the functions held at the Anaheim Hills Clubhouse. Judith Forbes of Country Hill Lane stated that she also recalled the event at the clubhouse mentioned earlier, which was very noisy, but that she was certain the Anaheim City Council would use the same kind of planning and foresight as their predecessors did when they first created the golf course and the scenic corridor, to deal with the noise problem at the proposed Elks Club building. She added that there is no place currently in the Canyon for large groups of people to meet or h01d a dance except the cafeteria at th~ high school: that the area really needs a place to rent for social events such as the Elks Club would provide. There being no further persons who wished to discuss the subject, Mayor Seymour requested the report and recommendation from the Golf Course Advisory Commission. Mr. Bob Messe advised that at Council's request, the Golf Course Subcommittee was formed to advise the City Council on a specific program with time frames as to how to bring the Anaheim Hills Golf Course to a totally break-even position without selling the course itself to interested private parties. Prior to giving the recom~__~ mendation, Mr. Messe complimented the golf course management team on the vast im- provements made in a few short years, without which the break-even plan they propos~ would not have been possible. 78-1450 City Hall, Anaheim~ California - COUNCIL MINUTES - October 24~ 1978~ 1:30 P.M. Mr. Messe also explained that they did not investigate the possibility of leasing the golf course to a management company inasmuch as they felt the City management team could institute cost reductions as well as any other outside firm and by maintaining management of the course, the City continues to have full flexibility in the future. In addition, proposals from outside management companies have not looked to be financially favorable for the City. Mr. Messe presented the recommendation of the Golf Course Advisory Commission Subcommittee as follows: (1) that the Anaheim Hills Golf Course reduce operating expenses by 25 percent immediately; (2) that the City sell 35-plus acres of land following General Plan Amendment and rezoning of the property. Mr. Messe explained that if this proposal were acceptable and fully operational by July 1, 1979, the golf course would experience a loss of $30,000 in 1981 and would be at a break-even position by 1982, depending upon the assumption that golf course revenue will con- tinue to grow in 1979 and increase by 15 percent each year thereafter, which is a somewhat more conservative figure than the budget for this fiscal year reflects. The sale of the 35-plus acres it is assumed would bring $35,000 per acre or $1,225,000. Any excess funds available after payment of the $1,165,600 principal they would recommend be earmarked for a course improvement fund. Mr. Messe advised that there is an alternative to this which they call Plan No. 2. This plan includes the same recommendations and assumptions with a cutback of expenses by 20 percent rather than 25 percent and allows a longer period for the course to come to break-even (1983). He added that with the Dad Miller Course maintaining profitability, the courses combined profit and loss statement will show a profit in 1980 with either of these plans. Additional possibilities for increasing revenues and decreasing expenses which might be considered were discussed including the utilization of approximately 2.5 acres of land and the existing parking lot for the library branch in the hills, which would save the grading expenses and proceeds from the sale of the current 13-acre library site could accrue to the golf course improvement fund; the Elks Club proposal which could increase revenues from additional golf cart rentals and concessions at the clubhouse. Mr. Messe concluded with the proviso that to implement the 25 percent reduction as recommended will require a change in management philosophy and it will have to be realized by all concerned that attention to all of the various details of clubhouse, grounds, fairway, rough and cart maintenance will have to be curtailed. He also noted that the problem of financing a redesign of portions of the course still remains unaddressed, as well as the potential problem of funding erosion damage repairs from past and future heavy rain storms. Mr. Messe advised, at the conclusion of his presentation, that the above recommen- dation and plan were accepted unanimously by the Golf Course Advisory Commission ~t a special meeting held October 12, 1978, for submission to the City Council. Mayor Seymour turned the remainder of the meeting over to comments from the City Council and/or boards and commissions. 78-1451 ~ity Hall., Anaheim~ California - COUNCIL MINUTES - October 24~ 1978~ 1:30 P.M. Councilman Roth thanked the audience for their input and stated that he was very happy with the Golf Course Advisory Commission Subcommittee report. As a resident of the area, he wished to make clear, contrary to what people may have read in the newspapers, he is not in favor of building 500 homes on the Anaheim Hills Golf Course, nor is he in favor of low-cost housing for that property. He explained that he has become, however, very concerned over the continuing losses experienced at the course and therefore is interested in exploring the possibility of free enterprise buying or leasing part of the property, perhaps using a deed restriction to prohibit certain uses of the golf course property. In addition, he felt the City should consider the Elks Club proposal and others such as a lease of some property for an "Orange Hills" type of restaurant which might have an effect on revenues and reduction of debt. He maintained that the City cannot continue without doing something to reduce the losses experienced with this golf course and he was of the opinion that some of the recommendations heard this evening, particularly the Golf Course Advisory Commission Subcommittee plan, are worthy of exploration and ones which he would support. Councilwoman Kaywood stated that she felt the golf course was an amenity in the canyon, but with the advent of Proposition 13 the City is faced with a ~arge problem. She also related the difficulties of passing revenue bonds for needed improvements. She concluded that she desires that the City retain the golf course and is open to any suggestions that will assist the City in this objective. She stressed that she has always been concerned with the appearance of the community on a very long-range basis. She advised that she would also be willing to look further into the Elks Club proposal when presented in more definitive form. Councilman Overholt observed that he has heard tonight an expression of many fears which he feels are unfounded since in the 6 months he has sat on the City Council he has never heard any member propose that the Anaheim Hills Golf Course be closed. He has observed however that both before and after Proposition 13 each of the Council Members has expressed concern over the increasing deficit from operation of the Anaheim Hills Golf Course. He voiced the opinion that the recommendation from the Golf Course Advisory Commission Subcommittee was well thought out and gives the Council some real hope as to being able to reach a break-even position. In addition, he indicated that he would endorse the type of proposal suggested by the Elks Club representative and that he feels a combi- nation of the proposals heard this evening will probably form the solution to the problem. Councilman Kott stated that he would not vote for sale or closure of the Anaheim Hills Golf Course. He voiced the opinion that the Hills golf course is operation- ally not actually losing money, but on paper it appears that it is, when you take into consideration the original cost of the land and the City's revised accounting system. Councilman Kott read sections from the City Council minutes of June 15, 1971 which he felt indicated that the original develope~ of Anaheim Hills, Mr. Grant, was short by some $3 million in funds necessary to purchase the complete property then known as the Nohl Ranch and a deal was made. He read further sections from the minutes indicating that a speaker, Mr. Vind, has accurately predicted that there would be a discrepancy in the amount of revenue estimated from the golf course and that which is actually realized. 78-1452 ~ity ~all~ Anaheim, California - COUNCIL MINUTES - October 24~ 1978~ 1:30 P.M. Councilman Kott further commented that he has never heard proposals for sale of the Anaheim Stadium or Convention Center and the Stadium has lost money for years. He felt Mr. Liegler's record of a 45 percent increase in revenues over the three- year period, or 15 percent per year, is a good one. He noted that from what he could learn from the minutes and history of the course, the architect chosen by the then City Manager and City Council had never before built a golf course. Councilman Kott concluded that his main thought on the situation is that the City Council does have an obligation morally to those who bought homes surrounding the golf course property, to retain the course. A brief question and answer and comments period was held during which the subject of exact location of the property under discussion for possible sale; whether or not increase of green fees was considered; the fact that consideration of pro- fessional management was not included in the report; the basis on which the figure of $35,000 per acre was estimated as the value of the property; use of the parking lot and property adjacent to the clubhouse for a library site. Planning Commissioner Herbst stated that because of its location beneath the dam, the golf course property would not be suitable for homes, it must be maintained as open space. He felt the golf course property which is considered as part of the City's total open space--park acreage required to be developed and maintained by City policy, should be viewed in that light. He noted that if it were just left as a park or open space there would be no income from it whatsoever, and the City would still have to maintain it. Planning Commissioner Johnson stated that looking at this as a business venture, the City, when they bought the ground at $9,000 per acre, created a vast reserve of assets. Even though the bookkeeping system currently used, which will not allow the increased asset values to show and therefore the value reflected is $1.6 million, in actual fact the property is worth $4 million to $5 million and in his opinion that is not a bad business venture. There were no further comments from boards and commissions. Mayor Seymour summarized that his position is similar to others stated this evening; that it is not fair to anticipate profits to show from the golf course within this comparatively short period of time, but that the City Council must consider the problem of the losses experienced and to take some steps. He stated that he has not in the past, nor does he now, support sale of the golf course and he feels the City has a moral responsibility to keep, in good faith, with those property owners who purchased homes surrounding it. He voiced the opinion it is possible, if the City takes the opportunity set forth it can sell some of the acreage without destroying the play of the golf course, nor the open space and attractiveness that the course provides; and out of the proceeds of that sale relieve the City of its indebtedness. In addition, the City might be able to gain a sufficient capital to make the improvements necessary to the golf course which would make it easier to play and to build the library. MOTION: Councilman Seymour moved that the City Council go on record that they will not, in fact, sell the golf course proper, but would retain this as an oper- ational course. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 78-1453 City Hall, Anaheim, California - COUNCIL MINUTES - October 24~ 1978, 1:30 P.M. MOTION: Councilman Seymour moved that the City Council direct the Golf Course Advisory Commission to continue its efforts to refine the proposal presented and their recommendation to bring the Anaheim Hills Golf Course to break-even status by 1982; to identify specifically those parcels they would recommend be sold. Councilwoman Kaywood seconded the motion. MOTION CARRIED. ADJOURNMENT: By general consent, the City Council, the Planning Commission, the Golf Course Commission and HACMAC adjourned. Adjourned: 10:35 P.M.