Loading...
1979/08/0779-876 City Hall~ .Anaheim~ California - COUNCIL MINUTES - August 7; 1979; 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 ASSISTANT CITY ATTORNEY: Frank A. Lowry DEPUTY CITY CLERK: Leonora N. Sohl CITY ENGINEER: William G. Devitt TRAFFIC ENGINEER: Paul Singer PLANNING DIRECTOR: Ronald L. Thompson ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti HUMAN RESOURCES DIRECTOR: Garry McRae AFFIRMATIVE ACTION SPECIALIST: Sue Anguiano Mayor Seymour called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Chaplain Ted Cleveland, Anaheim Memorial Hospital gave the Invocation. FLAG SALUTE: Councilman Ben Bay led the assembly in the Pledge of Allegiance to the Flag. 119: RESOLUTION OF COMMENDATION: A resolution of commendation unanimously authorized by the Anaheim City Council was presented to George and Kae Colouris in recognition of their various consumer shows and the 25th anniversary of the Southland Home and Garden Show. Mr. Colouris thanked the City Council for their recognition and announced that he attributed part of his success to Mr. Liegler, his staff and the fine Anaheim facilities. MINUTES: Approval of minutes was deferred to the next regular meeting. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading, in full, of all ordinances and resolutions 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 Bay seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,550,605.77, in accordance with the 1979-80 Budget, were approved. 150: CITY PURCHASE OF GEORGE WASHINGTON SCHOOL PROPERTY FROM THE ANAHEIM REDE- VELOPMENT AGENCY: Mr. Talley reported that the City Attorney has deemed the proposed ordinance to be a very appropriate method through which the City can provide funds to the Redevelopment Agency for acquisition of property to be used as a neighborhood community center. Use of the special capital outlay fund as set forth should preclude the project from ever being categorized as a federal project and therefore it would not be bound by federal rules and regulations. 79-877 City Hall~ Anaheim~ California - COUNCIL MINUTES - August 7~ 1979, 1:30 P.M. In accordance with the recommendations submitted by Mr. Priest, Councilwoman Kaywood offered Ordinance No. 4030 for first reading. ORDINANCE NO. 4030: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTIONS 1.08.085 AND 1.08.090 TO CHAPTER 1.08, TITLE 1, OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO A SPECIAL CAPITAL OUTLAY FUND. 150: REPORT - MEASURES TO ELIMINATE GRAFFITI IN THE DOWNTOWN AREA: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the City Council ordered the report submitted by Mr. James Ruth, Deputy City Manager dated August 7, 1979 on the subject matter of measures to eliminate graffiti in the downtown Anaheim area, received and filed. MOTION CARRIED. Mayor Seymour commended Mr. Ruth and his staff on the completeness of the report, noting it would appear to him after reading it they are doing everything which he could think of to prevent and/or eliminate the graffiti problem. 160: PURCHASE OF THREE-PHASE PADMOUNT TRANSFORMERS: (Bid No. 3551) On motion by Councilman Bay, seconded by Councilman Roth, the City Council authorized the acceptance of bid from Westinghouse Electric Corporation for 13 Three-Phase Padmount Transformers (Items 1, 3 and 5) in the amount of $35,569.36; and the bid from McGraw-Edison, Power Systems Division for 10 Three-Phase Padmount Transformers (Items 2 and 4) in the amount of $40,693.36, as recommended by the Purchasing Agent in his memorandum dated July 31, 1979. MOTION CARRIED. 180: AMENDMENT TO LONG TERM DISABILITY POLICY - STANDARD INSURANCE COMPANY: In accordance with the recommendation submitted by Garry McRae, Human Resources Director, Councilman Overholt offered Resolution No. 79R-450 for adoption, approving the pregnancy disability amendment to the Long Term Disability Policy (Standard Insurance Company, Policy No. 384412), effective April 29, 1979. Refer to Resolution Book. RESOLUTION NO. 79R-450: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AMENDMENT TO THE CITY'S LONG TERM DISA- BILITY POLICY COVERED BY STANDARD INSURANCE COMPANY, AND AUTHORIZING AND DIRECTING THE HUMAN RESOURCES DIRECTOR TO EXECUTE SAID AMENDMENT. (POLICY NO. 384412) 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. 79R-450 duly passed and adopted. 123: AMENDMENT TO JOINT POWERS AGREEMENT - ORANGE COUNTY MANPOWER COMMISSION: Amendment to the Joint Exercise of Powers Agreement relating to the Orange County Manpower Commission was submitted for Council consideration. It was noted that the amendment would extend the terms of the agreement to September 30, 1980 and add two additional provisions, the first requirement that all funds 79-878 City Hall, Anaheim, California - COUNCI~ MINUTES - August 7~ 1979~ 1:30 P.M. received by the Manpower Commission be subject to the cost-pooling provisions of the law and shall be made available to the individual signatory in such a manner as to insure that all operational adminstrative costs are reimbursed; and the second requiring that all funds received by the Manpower Commission under the comprehensive employment and training act which are not allocated to the signatories by federal formula shall be distributed on the basis of a fair share formula promulgated annually by the Commission. Councilwoman Kaywood offered Resolution No. 79R-451 for adoption. Refer to Resolution Book. RESOLUTION NO. 79R-451: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE COUNTY OF ORANGE, THE CITIES OF SANTAANA, ANAHEIM, HUNTINGTON BEACH, AND GARDEN GROVE RELATING TO THE ORANGE COUNTY MANPOWER COM- MISSION, AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE SAID AMENDMENT TO AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholg, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 79R-451 duly passed and adopted. 153: ESTABLISHING NEW JOB CLASSIFICATION - UTILITIES YARD SUPERVISOR: Mr. Talley explained the recommendation of the Human Resources Director to establish this job class and commented that the position would not be filled until approximately October 12, 1979. This position would serve as the work- ing supervisor in the "after hours loading program" and therefore the proposed salary set forth in the resolution is $2.00 per hour more than originally budgeted. However because of the postponement in filling of the position there are adequate funds budgeted for the current fiscal year. Councilman Seymour recalled that this program was one of the Arthur Young and Company recommendations to increase the efficiency and productivity of the Utilities Line crews. He thereupon offered Resolution No. 79R-452 for adoption. Re,er to Resolution Book. RESOLUTION NO. 79R-452: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 77R-688 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSES REPRESENTED BY THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION NO. 47, AND CREATING A NEW CLASS. 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. 79R-452 duly passed and adopted. 79-879 City .~all, Anaheim~ California - COUNCIL MINUTES - August 7, 1979, 1:30 P.M. 164: AWARD OF CONTRACT - MIRALOMA AVENUE STORM DRAIN IMPROVEMENT {TUSTIN AVENUE TO 1583' EAST OF KRAEMER BOULEVARD): Recommendation of the City Engineer that the Council accept the low bid and award the Miraloma Avenue Storm Drain contract to Nick Didovic Construction Company was submitted for Council consideration, Councilman Bay questioned the proposed contract completion date and penalty clause and was advised by Mr. Devitt that the contractor would have 120 working days, which amounted to six calendar months, to complete the improvement making the estimated completion date early in March. Further the liquidated damages which could be assessed as a late penalty would be 1/60 of 1% of the contract price, or $115 per day. Councilman Bay stated it was his understanding that the City was attempting to expedite this storm drain improvement so as to have it completed prior to the rainy season. He inquired whether there was any way the contractor could be asked to complete the improvement before the end of December, or, at least perform the drainage work on Miraloma from Miller to the channel as the first priority so that when the heavy rainy season begins these streets will not be flooded once again. Mr. Devitt advised that this is a matter which could be brought to the contractor's attention at the preconstruction conference meeting. In accordance with the recommendation of the City Engineer, Councilwoman Kaywood offered Resolution No. 79R-453 for adoption. Refer to Resolution Book. RESOLUTION NO. 79R-453: 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: MIRALOMA AVENUE STORM DRAIN IMPROVEMENT - TUSTIN AVENUE TO 1583' E/O KRAEMER BOULEVARD, IN THE CITY OF ANAHEIM, ACCOUNT NO. 46-791-6325- 1050. (Nick Didovic Construction Company, $694,381.76) 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. 79R-453 duly passed and adopted. Since he felt that the entire City Council is sensitive to the drainage problems on Miller and Miraloma Streets, as addressed by Councilman Bay, Mayor Seymour requested that Mr. Devitt give the Council a report following the preconstruction conference so that Council Members might know what to expect during the forth- coming rainy season. Councilman Roth remarked that he had heard many favorable comments from residents on Lemon Street about Nick Didovic Construction Company and the apparent concern given to the resident's properties during the construction work at that location. 79-880 City Hall~ Anaheim.~ California - COUNCIL MINUTES - August 7~ 1979~ 1:30 P.M. 164: PERMIT FOR CONNECTION OF MIRALOMA AVENUE STORM DRAIN TO ORANGE COUNTY WATER DISTRICT WARNER BASIN-ANAHEIM LAKE TRANSMISSION MAIN: Report from the City Engineer recommending that the Council approve a permit with the Orange County Water District to interconnect the Miraloma Avenue Storm Drain with the Water Basin-Anaheim Lake Transmission Main was submitted. Councilman Bay observed that this particular permit for interconnection and diversion of peak storm flows into Anaheim Lake, will save the City $100,000 on the construction contract for the Miraloma Storm Drain Improvement and he complimented the City Engineers on putting this together. Councilman Overholt offered Resolution No. 79R-454 for adoption. Refer to Resolution Book. RESOLUTION NO. 79R-454: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A PERMIT WITH THE ORANGE COUNTY WATER DISTRICT FOR USE OF CERTAIN OF DISTRICT'S PROPERTY FOR CONSTRUCTION OF THE MIRALOMA AVENUE STORM DRAIN AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID PERMIT. 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. 79R-454 duly passed and adopted. 123: AGREEMENT WITH VILLAGE PARK CONDOMINIUMS - WATER AND SEWER SERVICES: Mr. Frank Lowry reported that pursuant to Council direction given at the meeting of February 19, 1979, the subject agreement was drawn up to provide for the furnishing of water and sewer services by the City of Anaheim to a 76-unit condominium project located south of La Palma Avenue and west of Magnolia Avenue in the City of Buena Park. Councilwoman Kaywood recalled that one of the provisions discussed was that none of the proposed units was to be priced higher than $80,000 and stated she wished this clarified since Exhibit "A" of this agreement show one out of four units at a price of $87,500. Mr. David Stone of IPS, 630 City Drive, Orange, California advised that one of the units would be substantially larger and the $87,500 price reflects that additional value. He noted that from the City's position this agreement will provide more appropriate prices to the buyers and will be more in line with the lenders' requirements, and further will not cause them, as the developers, to have to reduce the size of the larger unit. He emphasized that his company has stipulated in the agreement to prices for each unit, some are higher than $80,000 and some are lower, but if averaged together amount to $80,000 per unit. They feel they have worked out an agreement with the City Attorney which will be fair to their buyers and meet the objectives set forth by the City Council. 7g-881 City Hall, Anaheim, California - COUNCIL MINUTES - August 7~ 1979~ 1:30 P.M. Councilwoman Kaywood reiterated that there was a density allowed on this project which was greater than the Council would have otherwise approved, and that is how the ceiling price of $80,000 total on any unit was established. Mayor Seymour voiced his opinion that the particular alternative p~esented by the developer in this agreement offers the consumer more flexibility and choice as to size of the unit and features provided, vs. building all one or all two- bedroom units, which situation will be a benefit to the buyers at time'of resale. Further the prices range from $76,700 to $87,500 per unit and when averaged out the total price for all units does equal $80,000 each. ~ During Council discussion, Councilman Roth stated that he is very happy to see anything on the drawing board in the $76,000 price bracket because there is such great pressure in the housing market for anything below $90,000 today; Council- man Bay was of the opinion that the way this agreement has been prepared, with the price ranges shown, it meets the intent of the stipulation made to the City Council; and, Councilman Overholt observed that looking at this agreement in another fashion, one might say that this developer is offering 57 units which will cost less than $78,000 on initial sale. Councilman Roth offered Resolution No. 79R-455 for adoption. Refer to Resolution Book. RESOLTUION NO. 79R-455: 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 VILLAGE PARK RELATING TO THE FURNISHING OF WATER AND SEWER SERVICES, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. 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. 79R-455 duly passed and adopted. 112: KROGER COMPANY DBA MARKET BASKET VS. COUNTY OF ORANGE~ CITY OF ANAHEIM, ET AL: On motion by Councilwoman Kaywood, seconded by Councilman Seymour, the City Council authorized the Orange County Counsel to defend the City in the matter of the Kroger Company dba Market Basket vs. County of Orange, City of Anaheim, et al relating to property taxes, as recommended by the City Attorney. MOTION CARRIED. 156: ORDINANCE RELATING TO FALSE ALARMS: Mr. Frank Lowry explained that due to inadvertence and clerical error, section numbers were assigned to Ordinance No. 4027 relating to false alarms which had previously been assigned to Ordinance No. 3926 relating to escort services. He advised it would therefore be necessary to repeal Ordinance No. 4027 and enact an ordinance containing correct section numbers. 79-882 City Hall~ Anaheim, California - COUNCIL MINUTES - August 7~ 1979~ 1:30 P.M. Councilman Seymour offered Ordinance No. 4031 for first reading. ORDINANCE NO. 4031: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTIONS 4.90.010 TO 4.90.160 INCLUSIVE OF ORDINANCE NO. 4027 OF THE ANAHEIM MUNICI- PAL CODE RELATING TO FALSE ALARMS. 173: ADVISORY GROUP FOR MASTER PLAN - JOHN WAYNE AIRPORT: The Deputy City Clerk reported that a letter had been received fromMr. Larry Slagle accepting his nomination for appointment to the Advisory Group for development of a master plan for John Wayne Airport, and further naming Mr. Don Boyles as his alternate subject to Council approval. On motion by Councilman Roth, seconded by Councilman Seymour the City Council ordered the letter received and filed and concurred with appointment of Mr. Don Boyles as alternate to Larry Slagle on the Advisory Group. MOTION CARRIED. 161: PROJECT ALPHA~ DECLARATION OF ASSETS - RANNEY AND SKIDMORE: The Deputy City Clerk announced that Declarations of Assets within Redevelopment Project Alpha area have been filed in accordance with Section 33201 of the Health and Safety Code of the State of California by newly-appointed Redevelopment Commissioners William A. Ranney and Ian Skidmore. 105: DISBANDMENT OF THE HILL AND CANYON MUNICIPAL ADVISORY COMMITTEE (HACMAC): Mayor Seymour briefed the history and reasons for establishment of the Hill and Canyon Municipal Advisory Committee, whose function it was to act as the "eyes and ears" of the City Council in the hill and canyon area and to make recommen- dations on new development proposals to the Planning Commission. He commented that although it was apparent to himself and Councilwoman Kaywood at the inception of HACMAC, and its predecessor organization, the Santa Aha Canyon Task Force, that there was a great need for communication with residents in the hill and canyon area on many issues, it appears over the past two years there was some lack of interest on the part of some members which led to a restructuring of the committee. Since that time, although attendance has improved, it appears that it is now an appropriate time to review whether or not this communication function of HACMAC is continuing to be filled or whether it might be performed in an alternate way. He explained that from individual discussions on this subject with his fellow Council M~mbers, they feel there is perhaps a better way to handle citizens' concern for direct QO~nunication with the City Council. Therefore, rather than continuing to delegate these communication efforts to a committee or group, Mayor Seymour proposed that the Council initiate a series of quarterly meetings to be held in the Hill and Canyon area as well as in west Anaheim, so that the citizens might have direct contact with their elected representatives. Additionally, the disbandment of HACMAC would allow a savings in the recently adopted budget of $20,000 which had been allocated to cover the staff support time and other services for this committee. MOTION: Councilman Seymour thereupon moved that the Hill and Canyon Municipal Advisory Committee be disbanded with the sincere thanks of the City Council for their dedication and participation in a Job well done; and further that the City Council determine to hold quarterly meetings through the current fiscal year, in both the hill and canyon area and in west Anaheim. Councilman Roth seconded the motion. MOTION CARRIED. 79-88_3 City Ha.l.1, Anaheim, California - COUNCIL MINUTES - August 7~ 1979~ 1:30 P.M. Potential sites discussed for the meetings were the Anaheim Hills Golf Course Clubhouse or one of the school facilities in the canyon area and Brookhurst Community Center in west Anaheim. During discussion Mayor Seymour further clarified that he intended these quarterly meetings to be well publicized with the agenda approved at least two weeks in advance by the Council and the Council would adjourn from their last regular meeting to a specific location for the quarterly meeting. He further explained that the Liaison Committee meeting scheduled with HACMAC on Thursday, August 9, 1979 need not be cancelled, and that he would appreciate hearing from HACMAC representatives what subjects the Council should be considering for the first quarterly meeting. At the suggestion of Councilman Roth, with general consent of the City Council, the City Clerk's office was directed to prepare a letter for each HACMAC member, expressing 'the Council's gratitude for their services and further to invite all HACMAC members to attend the meeting of August 21, 1979 to receive the letters of recognition. 148: NOMINATION OF 2ND VICE PRESIDENT - LEAGUE OF CALIFORNIA CITIES: Council Members individually indicated their preferences to the Mayor who will act as the City's voting delegate on the nomination for 2nd Vice President of the League of California Cities at the September 16, 1979 meeting, as follows: Councilwoman Kaywood advised that she would concur with either of the choices made by the Nominating Committee -- of Councilman Phil Schwartz, San Juan Capistrano or Councilman Marvin Adler, Fountain Valley; Council Members Roth and Bay indicated their preference would be Councilman Adler. 124/149: REPORT ON PARKING CONGESTION PROBLEM AREA WEST OF CONVENTION CENTER: Report of the City Engineer dated August 1, 1979 describing the alternatives discussed with residents of the residential neighborhood to the west of the Anaheim Convention Center to alleviate the traffic congestion problem was submitted. Alternatives discussed included closure of Eleanor Drive; ins- titution of special permit parking; limited one or two hour parking restric- tions; tow-away warning signs; limitation of through-bus movements. Mr. Talley summarized that the staff report recommended adoption of an ordinance for enforcement of special permit parking in this area as a first step as this would be most acceptable in staff's point of view to answer the citizens' needs. From a cost and scheduling standpoint, Mr. Talley noted that it would probably be most appropriate for Convention Center personnel to m~nitor and enforce such a program inasmuch as that is the facility causing the problem and that organ- ization would be aware as to when the overflow parking problems arise. Mr. Talley also explained that this report is presented to the Council two weeks in advance of a public hearing scheduled August 28, 1979 to consider this matter since the Council had so requested. MOTION: On motion by Councilman Bay, seconded by Councilman Roth, the City Council ordered the report from the City Engineer received and filed, since they would not take any action on this item until after the public hearing scheduled August 28, 1979. MOTION CARRIED. 79-884 City Hal.l~ Anaheim~ California - COUNCIL MINUTES - August 7~ 1979~ 1:30 P.M. Mayor Seymour directed that the residents on the mailing list used by the City Engineer's office be notified by mail of the forthcoming public discussions on this problem on August 28, 1979, at 7:30 P.M. Said meeting to be conducted at the Anaheim Convention Center. No further information was requested by the City Council from staff prior to the meeting. 167: REFUND OF TRAFFIC SIGNAL ASSESSMENT - D. B. INVESTMENTS: Request of Mr. Don Baily, D. B. Investments, 1940 North Tustin Avenue, No. 100, Orange 92665, for partial refund of traffic signal fee assessment paid in connection with property located at the corner of Lincoln Avenue and Gain Street was submitted for Council consideration together with a report from the City Engineer rec- ommending denial of the request. Councilwoman Kaywood moved that the subject request be denied. Councilman Bay seconded the motion. Prior to voting on the foregoing motion, Mayor Seymour questioned whether Mr. Baily's request was based on the revised formula for traffic signal fees as established by the City Council. Mr. Singer replied that Mr. Baily has based his request on the revised fee of $180 per square foot as opposed to the old rate of $363 per square foot; and further that he is requesting a refund of the difference between what he has paid ($5,445) and the assessment amount under the new formula, and the refund would total $2,700. Mr. Singer added that in the past fiscal year, while the City has collected $180,00 approximately in traffic signal assessment fees, it has also refunded $58,000 of this amount. Mayor Seymour summarized that since the applicant is not asking for anything different from that relief already granted by the City Council to a number of other applicants, equity would, in his opinion, dictate that this request be treated no different than the others. In response to Councilman Bay it was explained that Gain Street "T's" into Lincoln Avenue and there is traffic in and out at that point. Councilman Seymour briefed the history and rationale of the traffic signal assessment fee, noting that it was determined this would be assessed against certain types of property on a square-foot basis regardless of whether there is or is not an existing traffic light or an immediate necessity for same. He explained that when the Council heard the hue and cry of developers over the amount of the original fee, they requested staff to take another look at the amounts being assessed. Subsequently the fee was reduced and the City Council has been granting refunds of the amounts paid over the revised fee. Councilman Overholt pointed out that in this particular instance the individuals paid the assessment fee according to the original formula on June 21, 1978 and just nine or ten days later the City Council adopted the revised fee schedule; 79-885 City Hall~ Anaheim, California - COUNCIL MINUTES - August 7~ 1979~ 1:30 P.M. further the preparation of that revised schedule was in process for some sub- stantial period of time. He indicated that he would base his vote against the motion to deny subject request on this factor, that the Council changed the formula just ten days following Mr. Baily's payment. Councilwoman Kaywood explained that her position is that this assessment fee was set up because of traffic signalization needs throughout the City due to new construction and renovation and repair, and there was no revenue coming in for this specific purpose. She voiced the opinion that the Council had gone way beyond being fair on the granting of these refunds. At the conclusion of discussion, Councilman Bay withdrew his second to the foregoing motion and said motion was declared dead for lack of a second. MOTION: On motion by Councilman Overholt, seconded by Councilman Roth, the City Council granted the request for reduction of traffic signal assessment fee paid in connection with property at the corner of Lincoln Avenue and Gain Street from $363 per square foot to $180 per square foot and further authorized the refund of the excess amount received of $2,700. Councilwoman Kaywood voted "no". MOTION CARRIED. 123: ROURKE AND WOODRUFF - INCREASE IN LEGAL FEES: A report of a survey undertaken by the General Manager of the Public Utilities Department dated July 24, 1979, to determine the propriety of fees requested by Alan R. Watts, Special Counsel representing the City in electric power supply matters, was submitted for Council consideration together with request pre- viously made for increase in rates to $65 per hour for Alan R. Watts, special counsel, and $50 per hour for associates. Mayor Seymour observed that the City Council had previously not acted upon this requested increase because it was in excess of the percentage established for raises in the President's inflationary index, however at that time the Council had no comparison as to what the accepted hourly rates were for similar services. Upon receipt of the results of the survey undertaken by Mr. Hoyt's office it appears that Mr. Watts had been working at an hourly rate which was lower than the remainder of the market for these services. Mayor Seymour stated he could now support the requested increase to $65 per hour for Special Counsel and $50 per hour for associates. MOTION: On motion by Councilman Overholt, seconded by Councilwoman Kaywood, the City Council approved the increase requested by Rourke and Woodruff in hourly rates to $65 for Mr. Alan R. Watts, Special Counsel representing the City in power supply matters and $50 for associates. MOTION CARRIED. 170: TENTATIVE TRACT NO. 10167 - EXTENSION OF TIME: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the City Council approved an extension of time to Tentative Tract No. 10167 as requested by Thomas P. Riley, Shamrock Contractors, Inc., to establish a 15-lot subdivision on RS-HS-22,000 zoned property located on the northeast side of Country Hill Road, south of Mohler Drive, to expire August 5, 1980 as recommended by the Zoning Division. MOTION CARRIED. 79-886 City. Hall~ Anaheim~ California - COUNCIL MINUTES - August 7~ 1979~ 1:30 P.M. 134: SUPPORT OF SB 894 - LOCAL GOVERNMENT CONTROL OVER PLANNING PROCESS FEES - GENERAL PLAN AMENDMENT: In accordance with the report submitted by the Deputy City Manager, indicating both IGR and Planning Department recommend support of this measure, Councilwoman Kaywood offered Resolution No. 79R-456 for adoption. Refer to Resolution Book. RESOLUTION NO. 79R-456: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM EXPRESSING ITS SUPPORT OF SB 894 RELATING TO EXTENSION OF TIME FOR THE ADOPTION OF MANDATORY ELEMENTS OF THE GENERAL PLAN. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: 0verholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 79R-456 duly passed and adopted. CONSENT CALENDAR ITEMS: On motion by Councilman Roth, seconded by Councilwoman Kaywood, 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 insurance carrier or the self-insurance administrator: a. Claim submitted by David J. Sprong for personal injury damages purportedly sustained as a result of the design and maintenance of Lemon Street, on or about May 2, 1979. b. Claim submitted by LeRoy Keller for personal injury damages purportedly sustained as a result of state fire training exercises in Burbank, California, on or about April 10, 1979. c. Claim submitted by Robert I. Anderson for electric service charges incurred purportedly as a result of a City service inadequately performed, on or about June 10, 1979. d. Claim submitted by LaDesa Glee Blakkolb for personal injury damages purpor- tedly sustained as a result of slip-and-fall accident at Anaheim Stadium, on or about July 3, 1979. e. Claim submitted by William G. and Mary E. Dumper for damages purportedly sustained as the result of the death of Elizabeth Jean Dumper in an accident caused by the improper design, maintenance, construction, repair and illumin- ation of Fairmont Drive near or at its intersection with Canyon Hills Drive, on or about April 10, 1979. 79-887 City Hall, Anaheim~ California - COUNCIL MINUTES - August 7, 1979~ 1:30 P.M. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 114: City of Westminster, Resolution No. 2022, encouraging Legislation to ensure reasonable time limits between each step of the recall process. b. 105: Community Redevelopment Commission - Minutes of June 27, 1979. c. 175: Public Utilities Department, Electrical Engineering Division - Monthly Report for March and April 1979. d. 175: Public Utilities Department, Utilities Field Division - Monthly Report for June 1979. e. 175: Public Utilities Department, Customer Service Division - Monthly Report for June 1979. f. 105: Community Redevelopment Commission - Minutes of July 25, 1979. 144: RIGHT OF WAY CERTIFICATION A.H.F.P. PROJECT NOS. 941 AND 942: In accor- dance with the recommendation of the City Engineer the Right of Way Certifica- tions for Cerritos Avenue and State College Boulevard, (A.H.F.P. Projects Nos. 941 and 942), were approved, and the Mayor and City Clerk authorized to execute same. MOTION CARRIED. CONSENT CALENDAR ITEMS: Councilwoman Kaywood offered Resolution Nos. 79R-457 through 79R-459, 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. 79R-457: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Michael E. Rodger, et ux.; Thomas J. Whieldon, et al.; Nathan Kinsbursky, et al.) 176: RESOLUTION NO. 79R-458: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON A CERTAIN PUBLIC STREET AND FIXING A DATE FOR A HEARING THEREON. (public hearing set for August 28, 1979, at 3:00 P.M.) 167: RESOLUTION NO. 79R-459: 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: SUPPLY AND DELIVER 8 LOC-TYPE CONTROLLERS, IN THE CITY OF ANAHEIM, ACCOUNT NO. 46-792- 6325-2190; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS 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 30, 1979, at 2:00 P.M.) 79-888 City Hall~ Anahe.im, California - COUNCIL MINUTES - August 7~ 1979~ 1:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution Nos. 79R-457 through 79R-459, both inclusive, duly passed and adopted. 170: FINAL MAP - TRACT NO. 10704: Developer Holiday Harbor of Huntington Beach; tract located south of Orangewood Avenue, between Dana Street and Camino Street; containing 1RM-1200 zoned lot. In response to Councilwoman Kaywood's inquiry, Miss Santalahti'explained that this Final Map pertains to an existing apartment development which will have 1 lot and 20 buildings to be sold, each individual building containing a number of dwelling units. It is not a condominium-type single unit sale. She suggested that the wording be slightly amended in this and future instances to show one RM-1200 zoned lot, 20 buildings in this came and 20 dwelling units in those instances where these are being sold so as to clarify the written record. On motion by Councilman Roth, seconded by Councilman Seymour, the proposed subdivision together with its design and improvement was found to be consistent with the City's General Plan and the City Council approved Final Map - Tract No. 10704 as recommended by the City Engineer in his memorandum dated July 27, 1979, with the correction to the description to show one RM-1200 zoned lot, 20 buildings. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held July 16, 1979, pertaining to the following applications, as listed on the Consent Calendar, were submitted for City Council information. I. RECLASSIFICATION NO. 79-80-4 AND VARIANCE NO. 3102: Submitted by Blanche H. and Walter E. La Force, for a change in zone from RS-A-43,000 to RM-3000, to construct a 14-unit condominium on proposed RM-3000 zoned property located at 3311 West Lincoln Avenue with code waivers of: minimum building site area per dwelling unit, and maximum structural height. The City Planning Commission, pursuant to Resolution Nos. PC79-143 and PC79-144, granted Reclassification No. 79-80-4 and Variance No. 3102, and granted a negative declaration status. 2. CONDITIONAL USE PERMIT NO. 1874 - REQUEST FOR REVOCATION: Submitted by the City of Anaheim, proposing to revoke Conditional Use Permit No. 1874 for failure of Wesseln Construction Co., to comply with the conditions of approval on ML zoned property located on the north side of Ellsworth Street, south side of Santa Ana Street, east side of Claudina Street and west side of Olive Street. The proceedings were terminated by the City on the basis that conditions have been met. 79-889 City Hall, Anaheim, California - COUNCIL MINUTES - August 7~ 1979~ 1:30 P.M. 3. CONDITIONAL USE PERMIT NO. 1982 (READV): Submitted by William P. Dragonza, Douglas E. Jones and Pete Biley, requesting deletion of Condition Nos. 5 and 7 of Resolution No. PC79-102, relative to requirements for perpetual access ease- ments and parking agreements. The City Planning Commission, pursuant to Resolution No. PC79-145, granted in part Conditional Use Permit No. 1982 and reaffirmed the negative declaration status. Councilwoman Kaywood wished to correct for the record that Item No. 7 of the Planning staff report, page 6a, reads "deletion of approval of No. 5," whereas, it should read "No. 7." In addition, Ms. Santalahti reported for Councilwoman Kaywood that the deletions requested are not anticipated to cause any parking problems and that these deletions to the Conditional Use Permit would be consistent with similar approvals for motels with parking waivers. 4. CONDITIONAL USE PERMIT NO. 1998: Submitted by Rustic Motel, to permit a 20-unit expansion of an existing motel on CL zoned property located at 916 South Beach Boulevard. The City Planning Commission, pursuant to Resolution No. PC79-146, granted Conditional Use Permit No. 1998, and granted a negative declaration status. 5. CONDITIONAL USE PERMIT NO. 1702 - REQUEST FOR EXTENSION OF TIME: Submitted by Mr. R. L. Searle, requesting an extension of time to Conditional Use Permit No. 1702, to permit metal processing and refining of precious metals on ML zoned property located at 1250 Grove Street. The City Planning Commission approved an extension of time to Conditional Use Permit No. 1702, to expire April 11, 1981. 6. CONDITIONAL USE PERMIT NO. 1720 - REQUEST FOR EXTENSION OF TIME: Submitted by Warren S. Liu, requesting an extension of time to Conditional Use Permit No. 1720, to establish a recreational vehicle park in conjunction with a motel on CL zoned property located at 2740 West Lincoln Avenue. The City Planning Commission approved an extension of time to Conditional Use Permit No. 1720, to expire August 1, 1980. No action was taken by the City Council on the foregoing items, therefore the actions of the City Planning Commission became final. CONDITIONAL USE PERMIT NO. 1996: Submitted by Nola T. and Noel F. Hatch, to expand an existing preschool on RS-A-43,000 zoned property located at 2510 West Orange Avenue. Mayor Seymour requested that Conditional Use Permit No. 1996 be removed from the above Consent Calendar for review by the City Council and said item was set for a public hearing on August 21, 1979. 79-890 City Hallp Anaheimp California - COUNCIL MINUTES - August 7~ 1979~ 1:30 P.M. CONDITIONAL USE PERMIT NO. 716 - TERMINATION: Request of Philip McNamee for termination of Conditional Use Permit No. 716, which was granted to permit a multiple-family planned apartment complex on RM-1200 zoned property located on the south side of Orangewood Avenue, east of Harbor Boulevard was submitted together with City Planning Commission Resolution No. PC79-147 recommending termination. Councilman Overholt offered Resolution No. 79R-460 for adoption. Refer to Resolution Book. RESOLUTION NO. 79R-460: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 716. 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. 79R-460 duly passed and adopted. ORDINANCE NO. 4029: Councilman Seymour offered Ordinance No. 4029 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4029: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (78-79-46, RSA-43,000) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Ordinance No. 4029 duly passed and adopted. ORDINANCE NO. 4032: Councilwoman Kaywood offered Ordinance No. 4032 for first reading. ORDINANCE NO. 4032: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (78-79-30, ML) ORDINANCE NO. 4033: Councilman Seymour offered Ordinance No. 4033 for first reading. ORDINANCE NO. 4033: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (78-79-38, RM-1200) 79-891 City Hall, Anaheim~ California - COUNCIL MINUTES - August 7~ 1979~ 1:30 P.M. 105: COMMUNITY SERVICES BOARD MINUTES: In order to expedite receipt of minutes, since the Community Services Board does not meet every month, Council- woman Kaywood requested that the City Clerk's office advise the secretary to this Board that minutes be forwarded to the Anaheim City Council upon prepar- ation and prior to approval by the Community Services Board, appropriately marked "not approved", to avoid delays in submission. 114: OPENING OF RINGLING BROTHERS, BARNUM AND BAILEY CIRCUS: Councilman Roth related to Council his recent experiences riding an elephant in the Circus Parade. 161: REDEVELOPMENT BROCHURE: Councilman Roth commended the Executive Director of Community Development on the informational brochure published to advise the citizens of activities in the downtown area relative to redevelopment, entitled "What's Happening in Anaheim". He voiced the opinion that this is an excellent publication, overdue and needed to keep the citizens advised on what is going on in town. 114: GENERAL MOTORS ENERGY ASSESSMENT MEETING: Councilman Bay reported on the General Motors Energy Assessment meeting held August 1, 1979 at the Anaheim Convention Center. He indicated that a member of the State Energy Commission staff was present to answer questions on availability of energy data from that source. It was arranged for some General Motors representatives to travel to Sacramento to review potential energy data sources. During the public sector data information segments representatives from Southern California Edison and Southern California Gas Company reported. Councilman Bay reported in appears from this meeting that there are enough energy sources to avoid the necessity of putting city staffs from the group to work duplicating and collecting data. The program appears to be moving along very well and is getting good representation from the five cities and a lot of help from the County. 114: PLANNING COMMISSION WORK SESSION ON ML ZONE AMENDMENT: Councilman Bay reported on the Planning Commission workshop session which he attended August 6, 1979, at which there was a great deal of discussion on the proposed ML zoning changes and a great deal of input from the industrial sector. He advised he was particularly pleased to see heavy representation from the northeast canyon industrial area. 144: NOMINATIONS FOR ORANGE COUNTY HUMAN RELATIONS COMMISSION: Mayor Seymour reported that there are two vacancies on the Orange County Human Relations Commission which will be acted upon at the League of California Cities meeting to be held August 16, 1979. He requested Council consider the nomination of Juanita Whitehead "Skip" Dinkler, 226 N. Rio Vista, Anaheim as the City of Anaheim's candidate for appointment to this Commission. He related that Mrs. Dinkler is a long-time resident of Anaheim and gave a brief summary of her accomplishments and contributions to the community. MOTION: On motion by Councilman Seymour, seconded by Councilman Overholt, the Anaheim City Council determined to put the name of Mrs. Juanita Whitehead Dinkler before the Orange County division of the League of California Cities for appointment to one of the two vacancies on the Orange County Human Relations Commission; and further the Council determined to work as diligently as possible to solicit support from colleagues in neighboring cities on the League for Mrs. Dinklers's appointment. MOTION CARRIED. 79-892 City Ha~l~ Anahe.im, California - COUNCIL MINUTES - August 7~ 1979~ 1:30 P.M. By general consent the City Clerk's office was instructed to forward a copy of Mrs. Dinkler's resume together with notification of the Council's nomination to Mr. Bob Haskell at the League of California Cities office; and in addition, to prepare letters to the Mayor and City Council of each city in Orange County advising of Mrs. Dinkler's nomination by the Anaheim City Council and urging their support. 139: RESOLUTION IN SUPPORT OF ORANGE COAST NATIONAL PARK: Mayor Seymour announced that he has, since the discussion of the Orange Coast National Park at last week's meeting, made available to the Council copies of the packet of information received on the Orange Coast National Park concept, which represents, in his opinion, a wonderful opportunity for Southern California. He requested the Council consider adoption of a resolution of support for the legislation jointly sponsored by Congressmen Patterson and Badham and further supporting the concept of the Orange County National Park. Councilwoman Kaywood offered Resolution No. 79R-461 for adoption. Refer to Resolution Book. RESOLTUION NO. 79R-461: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SUPPORTING HR 4975 AND THE CONCEPT OF THE PROPOSED ORANGE COAST NATIONAL URBAN PARK. 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. 79R-461 duly passed and adopted. RECESS: By general consent, the Council recessed for 10 minutes. (2:50 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (3:00 P.M.) 153: PUBLIC HEARING - REVISED AFFIRMATIVE ACTION PLAN: Public hearing was scheduled July 31, 1979 to solicit public input on a revised Affirmative Action Plan for the City of Anaheim, and continued to this date and time to be heard by full Council. Mr. Garry McRae summarized that in October of 1977 the City Council authorized the City of Anaheim entering a consortium with the Cities of Huntington Beach, Fountain Valley and Westminster to develop revised Affirmative Action Plans for each of the four cities. The consulting firm of Biddle and Associates, assisted in the technical direction. The product of this effort is the Affirmative Action Plan before the Council for approval at this time, which represents the state of the art and complies with legislative, judicial and federal regulations. 79-893 City Hall.~ ~naheim, California - COUNCIL MINUTES - August 7, 1979~ 1:30 P.M. Mr. McRae reported that this Affirmative Action Plan has been reviewed with each Executive Manager in the City organization and their responsibilities assigned. The Plan, together with Executive Management responsibilities had been reviewed and approved by the City Manager, and the City has included achievement of Affirmative Action goals as one of the indicators in perfor- mance evaluations. Mr. McRae concluded that with adoption of the proposed Affirmative Action Plan for the City of Anaheim the City Council will renew its assurance that employ- ment decisions will be made without regard to race, color, religion, sex or age except in those areas where they may be bonafide occupational qualifications. Mayor Seymour opened the floor to public discussion. Jose Sandoval, Staff Specialist, Orange County Human Relations Commission read a prepared statement from the Commission indicating that on June 28, 1977 Irma Rodriquez, Chair of the Orange County Human Relations Commission, presented the results of review of Anaheim's Affirmative Action Plan at that time. This review included recommendations that: (1) the City immediately employ an Affirmative Action Officer to develop, coordinate and monitor the comprehensive program independent of the Personnel Department, reporting directly to the City Manager; (2) that quarterly progress reports on Affirmative Action be submitted for City Council review; (3) that a comprehensive Affirmative Action Plan include goals and timetables reflecting the City's real ability to achieve parity for minorities and women; a well-defined aggressive outreach program to recruit minorities and women; and a thorough review of the City's collection and testing procedures for new hires and promotions. Mr. Sandoval stated that the most visible result of the recommendations is the document the City Council is considering adopting entitled the "Affirmative Action Plan for the City of Anaheim" which is a comprehensive plan designed to stimulate affirmative action in the City. He noted that the Human Relations Commission commends the City of Anaheim for its efforts in promoting equal opportunity in the largest city of Orange County. Further he noted that the Human Relations Commission recognizes this plan is new and must be implemented before positive results can be achieved. However, in accordance with subsections 60-214 of the Compliance Statutes issued by the Department of Labor the following statement was presented: "No contract or compliance status shall be judged alone on whether or not it reaches the goals or makes timetables, but rather each should be reviewed on content of program, extent of adherence and good faith effort to make the program work." According to Mr. Sandoval, it is the Human Relations Commission's opinion that the data used to identify under-utilization of minorities and females in this report is based upon outdated and therefore inaccurate information. He cited as a specific example page 400,--information regarding police sergeants in the Anaheim Police Department. He further cited that page 155 of the Plan indicates that the availability data sources used for the report relied on data from the 1970 census and the current population surveys. A review of other availability data used in the report shows the majority of sources to be national in scope, followed by data used locally and by state. Further the office of Federal Contract Compliance indicates if there is a 79-894 City ~all, Anaheim~ California - COUNCIL MINUTES - August 7, 1979~ 1:30 P.M. substantial disparity in utilization of any particular minority group, or men or women, then separate goals and timetables may be required for such groups. The Orange County Human Relations Commission submitted the following recommen- dation: that the Anaheim City Council adopt the proposed Affirmative Action Plan after the following is completed: a utilization analysis be conducted using availability data compiled by the Office of Federal Contract Compliance Program for Orange County employers; (2) that the City Council adopt a mechan- ism to review the progress of the new Affirmative Action Plan as suggested on Page 446 of the Plan. In closing, Mr. Sandoval stated that the Human Relations Commission again commends the City for its efforts to promote equal employment opportunity and encourages the Council to adopt both of their recommendations in order to strengthen the City's Affirmative Action posture. Mr. Sandoval reported that the statement was signed by Brenda Premo, Commissioner. (No written copy of the statement was submitted.) In reply to Mr. Sandoval's presentation Ms. Sue Anguiano explained that he is correct, the information on page 400 relating to Police sergeants is inaccurate, and the reason was an input error in the mechanization of the process. This was discovered within the last few weeks and this data was corrected through Biddle and Associates. The most recent information indicates 41 sergeants with disparity for females, blacks and Hispanic and these have been added to the list of disparities. With regard to comments on availability data, Ms. Anguiano pointed out that there is a comprehensive listing of all availability data used on page 146. Prior to identifying what data would be used in the City of Anaheim's Affirmative Action Plan a call was made to the Federal Office of Contract Compliance and the City was informed by them that some of the information to be used would be outdated, but there was not more current information available and therefore they would recognize the data proposed to be used. She explained that a statement is incorporated into the Plan indicating that when new data is available for 1980, the program will be recreated using the most recent data available. She memarked that they feel that this is the best they can do and reflects the state of the art. Additionally, she pointed out that there are three columns representing national, state and local sources, and that for any jobs, job groups, or EEO-4 categories which would have recruitment areas which extend outside of the local area they would have used national or state data; if however it was determined a majority of the employees in that particular category would come from a local recruitment area, they would not have used national or state data. Mayor Seymour asked Mr. Sandoval if Ms. Anguiano's explanations satisfied his comment and he reiterated several times that the information prepared for the federal office of Contract Compliance is the most current and therefore should be included in the City Plan. Further he stated that he was pessimistic regar- ding 1980 population census data, that this probably would not be available until 1981 or 1982. In response to Councilman Bay's question as to how dynamic the Plan would be, Ms. Anguiano explained the data will be updated on an annual basis. Availability data would be updated as the work force is done. She 79-895 Cit~ Hall~ Ana~eim~ California - COUNCIL MINUTES - August 7~ 1979~ 1:30 P.M.. remarked that she had checked with other agencies before beginning the Affirm- ative Action Plan and the majority are using population statistics even though this has been indicated as possibly a problem, since population will give an erroneous picture of the available work force. The problem indicated by Mr. Sandoval is one most employers have, but the City's Affirmative Action Plan will be updated using requisite skills in many cases, and the Office of Contract Compliance data would be used in the updating as part of the vehicle for developing a yardstick in the next Affirmative Action Plan. Mr. Chris Chavez, 2230 Cliffpark Way, Anaheim stated that he addresses the Council as a resident of the City, and a business owner of a minority enterprise in the City of Anaheim and as President of the Latin Businessmen's Association of Orange County. He explained that the latter organization is a group composed of Hispanic business owners whose purpose is to open the doors of major cor- porations and government purchasing organizations to the Hispanic entrepreneur. With respect to the Affirmative Action Plan under consideration Mr. Chavez recommended formation of a citizens advisory committee which would monitor and evaluate the City's Affirmative Action Plan and its program of implementation. He gave several specific recommendations as to the make-up of the Committee, eligibility for membership, appointment by City Council, etc. (These were submitted in letter form at a later date and are on file in the Office of the City Clerk.) Mr. Chavez stressed his opinion that Affirmative Action has not only to do with employment but also with purchasing and that the record for purchasing from minority business entrepreneurs is very poor. Mr. Chavez suggested that among the responsibilities assigned to the City's Advisory Committee on the City's Affirmative Action Plan would be to promote the minority recruitment program which should include the City's purchasing policy; prepare periodic reports to the City Council which would include the purchasing record from minority businesses as well as an annual review and report to the Council on the City's Affirmative Action Plan. Mr. Rudolph Trujillo, Trujillo Consultants (Contract Compliance Consultants) 7403 Blackhawk Circle, Buena Park or 4959 Santa Anita, Temple City, California described the services his company can provide in the area of Contract Compliance and in administration of Affirmative Action programm. As far as the City of Anaheim's Affirmative Action Plan was concerned, Mr. Trujillo recommended that an individual be given the title of Officer in charge of the program with the ability to function with some authority. Further he suggested implementation of an advisory committee, as previously suggested by Mr. Chavez. Further he felt the committee should contain in the area of seven to nine members with two representatives from the City Council; some community and business input from the minority and majority segments of the community as well. In addition, Mr. Trujillo recommended a Contract Compliance program for the City's redevelopment project which might include a "set aside program" wherein bids received might be restricted to three minority bidders and the contract awarded to the lower bidder of these three; or the use of negotiations as 79-896 City Hall~ Anaheim,. California - COUNCIL MINUTES - August 7, 1979~ 1:30 P.M. opposed to the sealed bid process. He explained the City has the flexibility to provide these opportunities for minorities in the redevelopment project whereas they do not in their Public Works projects. At the conclusion of his presentation, Mr. TruJillo summarized that he recommends an advisory committee be implemented; that an individual be either hired or upgraded with the title of Contract Compliance Officer and that Contract Compliance be implemented in the City's redevelopment project area along with consideration of offering opportunities to minorities for professional technical service type contracts. Councilman Bay pointed out in response to Mr. Trujillo's suggestion on "set aside projects"; that the City's redevelopment project is funded with tax increment funds and is not a federal project. Councilwoman Kaywood observed that by restricting the number of bids and limiting these to minority firms, the City would be circumventing the bidding process and might be spending more money. Mr. Trujillo responded that although this may be a more difficult process it should not cost the City any more money. Mr. Amin David, 538 East Central Park Avenue, Anaheim agreed with the previous speaker that the City's Affirmative Action Plan should include data determined to be correct by the office of Federal Contract Compliance, which in his opinion should show a much more needed picture as far as the Affirmative Action posture for the City of Anaheim. He recalled that it was one year ago, through the auspices of the Orange County Human Relations Commission, that a presentation was made to the Council concerning the City Departments and their aggressiveness or lack of same as far as Affirmative Action and the hiring of minorities. At that time the Police Department was discussed and Mr. David stated that he personally invariably comes to the conclusion that part of the problem exper- ienced by the City of Anaheim in police-community relations can be attributed to lack of proper representation on the Police Department. For example, he cited the percentages of Hispanics comprising the Police Department personnel from the years 1975-79 and observed that this percentage rose from 3% in 1975 to 5% in 1977 and 7% in 1978. However as of June 1979, the percentage stands again at 5%. He further cited the Police Department breakdown into the categories of male, female and Hispanic sworn officers. Mr. David stated that these statistics lead him to believe that the City is not improving its Affirma- tive Action posture as far as the Police Department is concerned but regressing and would benefit if aggressive recruitment were done for this department. Mr. David suggested that the City Council take notice of the fact that the Police Department should have better minority representation, perhaps by the vehicle of an Affirmative Action committee to report on progress and to begin a strong recruitment process. By contrast, Mr. David pointed out that the Anaheim Fire Department and the Library have no problem achieving adequate minority representation on their work force, and he therefore must attribute part of the fault to a lack of willingness or assertiveness in recruitment in these other departments. He pointed out that the Police Department does not have one Hispanic Police sergeant and in fact the highest ranked Hispanic officer 79-897 City Hall, Anaheim~ California - COUNCIL MINUTES - Au[ust 7~ 1979~ 1:30 P.M. is one lieutenant, Mr. David submitted that it would be difficult for the non-Hispanic Police officers to experience the cultural awareness which might bring about the resolution of some of the problems the City continues to have with the current ratios of Hispanic officers. In addition Mr. David requested that the City Council address the subject of a policy which he encountered in attempting to obtain some information, which prohibits the Police Department from releasing information to him and specifically by whom and how the policy was created. Ms. Anguiano responded that in fact the City's Affirmative Action Plan does reflect areas of disparity as pointed out by Mr. David. One of the reasons for the disparity of minority police sergeants is that there have not been any positions to fill. In addition, Mr. McRae pointed out that the eligibility list for promotion to sergeant was adjudicated in arbitration between the staff and the Anaheim Police Association and fixed for two years, and will not expire until spring of 1980. Attempting to respond to Mayor Seymour's question regarding percentages of Police Department personnel as quoted by Mr. David, Ms. Anguiano stated that she could not even evaluate this since the did not know what Mr. David's statistics repre- sent, and they do not coincide with those shown in the City's Affirmative Action Plan. Mr. David explained that he obtained his figures from Jose Sandoval of the Orange County Human Relations Commission because he was unable to obtain them from the Anaheim Police Department because of the reported City policy. Mayor Seymour requested that the City policy on such information be explained. Mr. Talley advised that because some of the statistics compiled deal with individual personal data which is confidential by definition, the City's policy is that any official agency charged with evaluating the City's Affirmative Action Plan or EEO results may have access to the files; whereas private indi- viduals seeking such information are not allowed access. Mr. David read from his letter requesting the information to indicate the types of data he had sought. He related that he received a reply from Lieutenant Richard Gray dated March 1, 1979 indicating that it is the policy of the City not to release much information except to an offical orgnanization charged with evaluation of Affirmative Action or EEO and that "Los Amigos de Anaheim", on whose behalf Mr. David sought the information, did not fall into that category. Subsequently Mr. David explained that he wrote requesting a copy of this policy and has never received a reply; the date of his last letter was June 5, 1979. Discussion ensued as to the nature of personal information versus that which might be released and Mr. Talley explained that when there are only one or two individuals within a specific rank or classification code, the statistics do reveal ethnic information about these individuals, which is personal infor- mation. Mayor Seymour indicated that he had a problem with a policy under which information is available to a bureaucracy such as the federal government and unless there is some liability, felt that information should also be available to the taxpayers. 79-898 City Hall.~ .Anaheim, California - COUNCIL MINUTES - August 7~ 1979~ 1:30 P.M. At the conclusion of discussion it was determined that the EEO-4 form which is contained in the City's Affirmative Action plan could be released to private individuals and contains the statistical information desired by Mr. David, in that there is a breakdown as to sworn and non-sworn officers by ethnic background. However Mr. McRae reiterated that information pertaining to an individual's ethnic background would be available only to official agencies who require it in the course of their evaluation of the City's Affirmative Action Plan and not to individual people. Mayor Seymour advised that it should be clearly understood that whatever information can be made available to individuals or groups requesting it should be given out. Further Councilman Overholt pointed out that he felt Los Amigos de Anaheim is entitled to a response to their letter of June 5, 1979 and noted that although he is sensitve to the legal technicalities involved, did feel that the City should release whatever data they are able to without some legal exposure. Mr. Talley advised that he would carefully review the City's policy again and prepare a report to the Council. Mayor Seymour suggested that the Council will look forward to receiving a report and comments at a later date from both the City Manager and the Human Resources Director on all of the recommendations made during this public hearing. There being no further persons who wished to address the Council on the City's Affirmative Action Plan, Mayor Seymour closed the public hearing. Councilman Seymour offered Resolution No. 79R-462 for adoption. Refer to Resolution Book. RESOLUTION NO. 79R-462: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SUPERSEDING RESOLUTION NO. 74R-351 AND ADOPTING AN AMENDED EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION PLAN. 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. 79R-462 duly passed and adopted. 107: PUBLIC HEARING - HOUSE MOVING 918 NORTH HARBOR BOULEVARD: Application of Mr. R. W. Bettis to move a single family residential structure from its present location at 217 7th Street, Huntington Beach, to 918 North Harbor Boulevard in the City of Anaheim was submitted together with report from the Zoning Division recommending said move-on be approved subject to street and alley dedication and the addition of a new roof. In addition the Planning Director has determined said Housing Moving application to be categorically exempt from the requirement to prepare an EIR. 79-899 City .Hal!, Anaheim~ California - COUNCIL MINUTES - August 7~ 1979~ 1:30 P.M. The Mayor asked if the applicant or his agent were present and there was no responme. Mayor Seymour questioned the recommendation for approval of moving a single- family residential structure onto Harbor Boulevard, which is an extremely busy arterial street and not a suitable place for a single-family home. He suggested perhaps the applicant intended to move the structure and then convert it to a commercial use. Miss Santalahti explained that the recommendation was based upon the current zoning on the property (RM-2400) which would permit a one-family detached dwell- ing unit subject to requirements of either the RS-7200 or RS-5000 zone. The nature of the traffic on Harbor Boulevard was discussed with the applicant originally and he recognized that it is a busy arterial highway. Mayor Seymour asked if anyone else wished to address the Council regarding the House Moving application and there was no response. MOTION: On motion by Councilman Seymour, seconded by Councilman Overholt the City Council continued the public hearing on application for House Move On at 918 North Barbor Boulevard to the meeting of August 14, 1979 to allow the Zoning Division time to contact the applicant to determine whether or not he intends to pursue the House Move On application. MOTION CARRIED. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 1991: Application of Robert and Esther J. Carlin, to permit an automobile sales lot on CG zoned property located at 1025 West Lincoln Avenue was submitted. The City Planning Commission pursuant to Resolution No. PC79-119 granted Condi- tional Use Permit No. 1991 subject to certain conditions contained therein and approved a negative declaration from the requirement to prepare an Environmental Impact Report. Review of the City Planning Commission action was requested by Councilman Roth at the July 10, 1979 Council meeting and public hearing scheduled this date. Mayor Seymour asked if the applicant or his agent were present and there was no response. Mayor Seymour asked if anyone wished to address the Council either in favor or opposition to Conditional Use Permit No. 1991 and, there being no response, he declared the public hearing closed. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Roth, seconded by Councilman Overholt, the City Council finds that this project would have no significant individual or cumulative adverse environmental impact and is, therefore, exempt from the requirement to prepare an EIR. MOTION CARRIED. Councilman Roth offered Resolution No. 79R-463 for adoption reversing the find- ings made by the City Planning Commission and denying Conditional Use Permit No. 1991. Refer to Resolution Book. 79-900 City Ha. 11, A~. ah~im, California - COUNCIL MINUTES - August 7, 1979~ 1:30 P.M. RESOLUTION NO. 79R-463: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 1991. Roll Call Vote: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: AYES: NOES: ABSENT: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 79R-463 duly passed and adopted. RECESS - EXECUTIVE SESSION: On motion by Councilman Bay, seconded by Councilman Seymour, the City Council recessed to Executive Session. (4:40 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (4:59 P.M.) ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Overholt seconded the motion. MOTION CARRIED. Adjourned: 5:00 P.M. LINDA D. ROBERTS, CITY CLERK DEPUTY