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1975/04/0875-312 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 8~ 1975~ 9:00 A.M. The City Council of the City of Anaheim met in adjourned regular session. PRESENT: COUNCIL MEMBERS: Kaywood, Pebley (arrived 9:40 A.M.), and Thom ABSENT: COUNCIL MEMBERS: Seymour and Sneegas PRESENT: CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Alan R. Watts CITY CLERK: Alona M. Hougard FINANCE DIRECTOR: M. R. Ringer PERSONNEL DIRECTOR: Garry O. McRae PERSONNEL SUPERVISOR: David Hill PERSONNEL COORDINATOR: Tom Tyre At approximately 9:20 a.m., with only two Council Members present, Mayor Thom called the meeting to order noting that they would proceed on an informal discussion basis, pending arrival of the necessary third Council Member for quorum. Mayor Thom advised that the purpose of this adjourned regular meeting is to satisfy and implement one of the recommendations made by Arthur Young & Company in their report on the results of the Management Audit of the City's Personnel Department, i.e., that City Management, City Council, and the Personnel Department jointly determine the policies, scope, and desired level of Personnel Department services. (Said report from Arthur Young & Company was submitted to the Council at the March 11, 1975 meeting, see Minute Page Nos. 75-205 through 75-209. Copy on file in the office of the City Clerk.) Mr. Murdoch pointed out that due to severe budgetary restraints during the coming fiscal year another important factor to be considered would be relative priorities. I. COMMENTS FROM EMPLOYEE ORGANIZATIONS RELATIVE TO THE ARTHUR YOUNG & COMPANY RECOMMENDATIONS ON THE CITY PERSONNEL DEPARTMENT: Mr. John O'Malley representing the Anaheim Municipal Employees Association (A.M.E.A.) advised that he had reviewed the Arthur Young & Company report and recommendations under discussion and related that he was not overly impressed by it; he felt it was good in some places but contained areas which were relatively superficial. He advised that the A.M.E.A. objects to the major recommendation contained in the report, that the City employ an outside consulting firm at a potential cost of $100,000 to perform a classification and wage study. He noted that they have worked with the Personnel Department and City for five to six years and have found that the City's classification system delineates job duties in a clear fashion. He stressed that out of some 400 different classifications which they have been working with for the past five years they have requested review of only 25 or 26. He indicated that the A.M.E.A. has had problems with this classification system only to the extent that in some areas people are performing functions which are different from those duties specified in the job classification. Consequently they did request the Personnel Department to perform certain specific job classification reviews, but because of other commitments they have not been able to complete these. Mr. O'Malley stated that their opinion in terms of the job classification and wage study recommended by Arthur Young & Company was that it would not be necessary for this review to be done by an outside firm, but rather they feel the Personnel Department staff should be augmented as proposed with two more positions, which could conduct the job classification and wage review and then continue to keep this updated. He stated that it did not seem to them that it would cost $100,000 to perform the proposed study in this manner. Mr~ O'Malley voiced the opinion that the report treated the area of collec- tive bargaining superficially and neglected to'give this function sufficient emphasis or consideration. Further, in regard to the recommended adoption of a prevailing wage policy Mr. O'Malley pointed out the many legal ramifications and problems inherent in that approach. He noted that the report gave the impression that the City does not have a pay policy, however, in his opinion, Rule 3 of the Personnel Rules constitutes the City pay policy, i.e., that this item will be determined by collective bargaining and the A.M.E.A. feels this to be a much better situation than being tied to any prevailing wage concept. He concurred that the Council should take a position on wages in Executive Session with the Personnel Director. 75-313 City Hall, Anaheim~ California - COUNCIL MINUTES - ~pril .8, 1975~ 9:00 A.M. Mayor Thom advised Mr. O'Malley that Members of the Council feel that there was probably not much cost effectiveness to be derived from a complete wage and classification study, particularly as this would relate to Police, Fire, and Utilities Departments and, therefore, the Council is looking at this recommendation with extreme care and some trepidation~ recognizing there are some areas which may need the review. The Mayor further related that Council is concerned that over the past years the across-the-board percentage pay increase policy has magnified any existing discrepancies in the classification system. He voiced the opinion that the Council is more inclined to approach pay raises on a classification by classification basis. Mr. O'Malley agreed that the across-the-board approach does create some dislocations and related the positions taken in collective bargaining procedures by both the City and employee associations, namely that when the cost of living was not raising as rapidly, the City was more agreeable to grant the cost of living wage increases whereas the employees' associations wanted review and updating of job classifications. Now that the cost of living is rising so rapidly, their positions have reversed. He further noted that he did not agree that the salaries paid by the City of Anaheim are as distorted and out of proportion as they seem to appear in the Arthur Young & Company report. He contended that if these salaries are compared only with cities of over 100,000 population, and if Orange County salary figures were included, the relative positions would change and Anaheim would be in a competitive position and not way out ahead as indicated in the report. Councilman Pebley arrived at the meeting and Mayor Thom officially convened the meeting, a quorum now being present. (9:40 A.M.) Mr. O'Malley concluded his presentation with the following recommendations: 1. That the City augment its personnel staff for performance of the classification and wage study and maintenance of said classifications. 2. That the City not adopt a prevailing wage policy. Mr. Murdoch noted that the prevailing wage issue is used as input in the collective bargaining process and he understood from Mr. O'Malley's remarks that the A.M.E.A. was not objecting to that approach but to adoption of a specific prevailing wage concept which then would leave the City and employee group very little area'for give and take. Mr. O'Malley agreed with that statement indicating that in addition to restricting the bargaining process, a prevailing wage concept also imposes certain legal requirements on the City with which it would not otherwise have to comply. Mr. Joe Karnes~ representing the Anaheim Police Association advised that they take no extensive issue with the Arthur Young & Company report but would like to comment on some specific items. He agreed that the subject of a prevailing wage is introduced in the collective bargaining process by both sides. He indicated that the figures given to Arthur Young & Company, upon which they base their conclusion that Anaheim's salaries are in fact No. 1 in many paid positions, are figures which the Anaheim Police Association views with a jaundiced eye. He was of the opinion that he could produce figures which would contradict the Personnel Department and noted that these statistics are a negotiating tool used in the bargaining process. He stated that should the City Council adopt a prevailing wage or benchmark policy, they would then be tied to some percentage. He indicated that' the Police Association does not agree with the across-the-board increases, because obviously 5% of $20,000 is more than 5% of $12,000. He stated that there could be criteria developed for management pay raises. Mr. Karnes related that the Arthur Young & Company report refers to employee training and the Anaheim Police Association position is that the budget should allow for some training of all personnel in the City. In rela- tion to the police training program, he remarked that they would like to see a, pool fund for unbudgeted training seminars established to provide for those opportunities when they arise. 75-314 City Hall, Anaheim~ California - COUNCIL MINUTES - April §~ 1975~ 9'00 A.M. Mr. Karnes did not agree that indifference on the part of the personnel within this department, as cited in the Arthur Young & Company report, is a true representation of the City of Anaheim Personnel Department. He stated that he believes the Personnel Department is understaffed which might have led to their impression. He agreed with Mr. O'Malley that the two budgeted posi- tions should be added to enable the Personnel Department to effectively perform the job classification study and no outside consulting firm would be necessary. In reply to Councilwoman Kaywood, Mr. Karnes described the on-going training program at the Anaheim Police Department which consists of a daily 15 minute period or 1¼ hours per week for the uniformed patrolmen and bi-monthly training dayswhere the officer spends an 8 hour shift at a training session. He noted they are currently offering a community and public relations type training seminar. Detective training consists of a 1 hour session every two weeks and there are budgeted conferences to improve the abilities of investigators assigned to special crimes. Mr. Bill Talley, representing the Anaheim Fire Association voiced his agreement with the comments made by representative of the A.M.E.A. and Anaheim Police Association. He noted that the wage and classification study seems to be the biggest issue and that they do not agree with the Arthur Young & Company recommendations either. He further disagreed with the two firemen positions shown in this study to be No. 1 in Orange County. In connection with testing for promotion and hiring for the Fire Department, he indicated they would prefer this function remain as it is, with participation by the department itself to a great degree. He noted that the Fire and Police Departments in the City of Anaheim have probably made the greatest advances in the affirmative action program and speaking for the Fire Department, they would prefer to see the program remain as it is, maintaining current qualifications. Mr. Talley remarked that the one area of friction which occurs was in personnel services, more particularly the lack of opportunity to receive information on retirement and fringe benefits. He noted that the Fire Association feels that personnel does a good job but that they are understaffed and would particularly like to have a individual assigned to answer employee questions on fringe benefits, health and dental plans. Further, they feel the Personnel Department should have more authority in interpretation of personnel policies and procedures, and their administration and control. Mr. Murdoch clarified that the Arthur Young & Company recommendation regarding the testing procedure was that the Personnel Department should take a stronger position in controlling and developing the testing procedure and this was made primarily to insure that these testing procedures do meet the standards imposed on all jurisdictions by Federal and State laws, rather than removal of participation by the Fire Department. He further congratulated the Fire Department on the activity they undertook in the affirmative action program. Mr. Joe Karnes interjected a question on what the Arthur Young & Company report meant by its recommendation to establish performance evaluations. Mr. LeSieur of Arthur Young & Company replied that in their review of the City there appeared to be a lack of policy with regard to performance evaluation which they feel is important to individual development. They view this as a management tool which also becomes a basis for salary increases. He stressed that the same performance standards would not be used throughout but that there should be an on-going employee evaluation program throughout the City. Mr. Karnes described the extensive performance evaluation forms completed for probationary Police personnel every two months and following this period every six months, plus special evaluations any time they are needed. He stated he was not aware that this system did not exist throughout the City. Mr. Legieur explained that they are recommending Personnel involvement in these evaluations only on an administrative level, i.e., it would still remain the Police and other individual departments' responsibility to evaluate employees performance, and Personnel would not be involved in this process except to the extent they will assure that such a program is on-going. 75-315 City Hall, Anaheim~ California - COUNCIL MINUTES - April 8~ 1975~ 9;00 A.M, II. DISCUSSION OF FOUR-PART DRAFT SUBMITTED BY PERSONNEL DEPARTMENT; The Personnel Director, prior to this meeting submitted a discussion draft consisting of the following four parts: I. Scope and level of Personnel services. II. 1975-76 objectives, based on Section I above. III. Summary of Personnel Department manhours scheduled for 1975-76. IV. Implementation schedule for the Arthur Young & Company report on the Personnel Department. (Copy of said discussion draft on file in the Office of the City Clerk.) Mr. McRae advised that Section I of the discussion draft is actually a policy statement designed to prompt discussion o£ the scope and level of services in the Personnel Department by the City Manager, City Council, and Personnel Director. If the discussion proves relevant, the next item to address would be the 1975-76 objectives for the Personnel Department year and Section II is a budget exercise which attempts to allocate hours to the various objectives, which in turn address themselves to the services defined in Section I. Section III is a summary of manhours for 1975-76 and Section IV addresses itself to specific items appearing in the Arthur Young & Company'report which requires some activity on the part of the Personnel Department. This section further suggests a completion date and approximates the number of manhours required to accomplish the tasks described. Mr. Murdoch stressed that careful thought must be given to that area of the Arthur Young & Company report which indicates the Personnel Department would be exercising centralized administrative direction and controls over all personnel-related activities in the City, since this could substantially detract from departmental responsibility. He noted that there has to be some control, but it is the degree of administrative controls and over which activities that need be determined. Mr. McRae indicated that the Arthur Young & Company report was critical of the Personnel Department for insufficient administrative direction and control, and this critisism was included to force discussion and consideration with the City Council, City Manager, and Personnel Department. Additionally, it needs to be defined, 1) if the City Council really wishes Personnel to dictate indivi- dual department personnel record retention systems, and 2) if the Personnel Department should assume a greater involvement in such activities as applicant screening for non-routine types of jobs. Mr. McRae related he concurs with Mr. Murdoch's position that operating departments need to have substantial responsibility in personnel related activities. A personnel department should not dictate to the various operating departments how to run their organizations, especially in such critical areas as manpower. He noted that he is inclined to be more participative with the operating departments in some employment areas. However, he advised that his staff is prepared to assume these additional duties if it is desired by the Council and he is also very anxious to be directed. Mr. LeSieur, later in the discussion, indicated he was in complete agreement that you cannot remove responsibility from the operating departments for opera- tion of said departments. He stated that Personnel Department's responsibility is to make sure that the operating departments are aware and properly trained in administrative rules and regulations and that the Personnel Department have some overall administrative controls, in compliance with the Federal and State RUles and Regulations and signed personnel contracts. Mr. Murdoch added that he did not think from his discussions and from the report that the City policies are substantially different from the direction recommended by the Arthur Young & Company, nor from what is being said here, however, he felt there should be further clarification, correction or confirma- tion from Mr. Jim LeSieur of Arthur Young & Company as the discussion proceeds. The following are summaries of the various subjects discussed in connection with the four-part discussion draft as it was submitted and reviewed with the City Council by the Personnel Director: 75-316 City Hall, Anaheim, California - COUNCIL MINUTES - April. 8~ !975.~...9:00 A.M. a. Employee and Labor Relations - Wage Policy: Employee and Labor Relations were given highest priority by the Arthur Young and Company and Mr. McRae related the manner in which the Personnel Department's authority has been established in this area, i.e., to conduct negotiations and related activi- ties within the parameters established by the City Council. Regarding a Wage Policy, Mr. McRae advised that he was not sure whether Arthur Young & Company was recommending adoption of a Wage Policy similar to those found in older jurisdictions where there is a legal responsibility to perform a survey and to fix salaries at certain rates. He indicated that he hoped Arthur Young & Company would comment on this. Mr. McRae interpreted the comments which were made in the report to recommend that the Council establish in advance of negotiations the parameters for the Bargaining Committee. b. Grievance Procedures: Mr. McRae noted that typically 75% of all grievances are handled before they actually come to first step grievance proce- dures, but at this stage Personnel Department would consult with City supervisors on all first step grievances. He related that Arthur Young & Company was critical in their report of the amount of time spent by the Personnel Department on this activity and advised that the only solution is in comprehensive training programs for first line supervisors; that the Personnel Department recognizes that it is one of their goals to reduce the amount of time spent in this area. However, they will not be able to assume a lesser role in this activity until an on-going supervisory training program is established which will instruct supervisors in these areas. Mr. McRae noted that another reason Personnel has participated in first step grievance procedures is to suggest solutions other than arbitration and to reduce the number of grievances which eventually do go to arbitration. c. Training; Mr. McRae reported that Personnel proposes (as listed on Page No. 9 of the discussion draft) to conduct a comprehensive training needs survey which is projected to be completed by September 30, 1975, as well as a quick survey of immediate training needs for supervisors for 1975-76 and will prepare a training program to address the highest priority needs, In response to Mr. Murdoch's cautionary comment on budgetary restraints, i.e., that each City department will have to operate within the same dollar budget as the current fiscal year, Mr. McRae noted that on the basis of the Arthur YQung & Company report on Personnel Department it is estimated that Personnel will be able to devote 685 hours to its training activity during the forthcoming fiscal year, which is ten times the amount of time spent in the past. Primarily this is because of the recent changes in the manpower program. He stressed that he feels this emphasis on training can be accomplished within the Personnel Department budget. Mr. McRae noted however that without partici- pation by the various operating departments the training program can not be successful and therefore he hoped that the City Manager will request from the various departments what type of commitment to training they are prepared to make. In reply to Councilwoman Kaywood, Mr. McRae advised that the Personnel Department would not undertake technical or task training but rather they would help various departments identify training needs and where appropriate develop the programs to meet these needs. Mr. McRae further interpreted from the Arthur Young & Company report that it should be a function of the Personnel Department to report to City Management and the operating departments on whether or not the training activities meet certain standards. d. Classification and Wage Study: Mr. T°m Tyre pointed out that he felt the recommendation for the Classification Study by Arthur Young & Company did not reflect many of the beneficial by-products which could occur as a result of this proposal. He stated that once an accurate description and analysis of each job position is available this will assist the Personnel Department in their training development. It will also, in the case of first line supervisors, clearly define their supervisory responsibilities whereas these are not currently indicated in job descriptions. Mr. LeSieur concurred with this statement. 75-317 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 8~ 1975~ 9:00 A.M. Regarding the Classification and Wage Study, Mr. McRae noted it has been agreed that the maintenance of the Classification Plan will require one and one-half to two persons per year, therefore if two individuals are hired to develop this Classification Plan, it will not be complete for four to five years, whereas the Personnel Department would like to have this complete by August of 1975. If this task were contracted out it could be completed within this time frame and the City would have an up-to-date, modern Classification Plan with accurate job descriptions. Using the study as a base, the Personnel Department would be able to develop a valid examination program and an accurate performance evaluation program, as well as identify the training needs. He noted that the need for the updated Classification Plan is immediate in order to enable the Personnel Department to implement many of the Arthur Young & Company suggestions, since these programs must be based on valid criteria. Mr. McRae noted that he is currently negotiating with the Arthur Young & Company for a Classification System Analysis which would cost substantially less than $50,000, taking into consideration use of some Personnel Department people. Further, Mr. McRae reported that there is a surplus in the Personnel Department 1974-75 Budget of $33,000 which might be applied for this purpose. Mr. Jim LeSieur stated that they based their original cost estimate of $100,000 for the Classification and Wage Study on what they felt a consultant would charge the City to perform the entire program. Currently he noted that the Personnel Director has asked for cost estimates based on a reduced scope and increased use of City personnel in performance of this study. They are now considering a fee somewhere between $30,000 and $50,000. Mr. McRae noted that the updated Classification Plan will have ultimate value in .the specific area of wages since these are subject to bargaining. Mr. McRae further cited the problems encountered by the City of Tulare in connection with their Affirmative Action Plan because they were not testing on job-related criteria. He noted that the defense for job relatedness is based on an accurate job analysis. He advised that in the next five years it will be necessary for the City to defend their actions in the areas of recruitment and examining, such as the current validity procedures for Police and Fire examina- tions. The best way to prepare for this type of defense is with valid job analyses. Mr. O'Malley of the A.M.E.A. reiterated that he does not feel that the present job classification system in the City of Anaheim is as bad as is being pictured. He further did not think that by altering a job description you can obtain a more effective supervisor. e. Recruitment~ Examination~ and Placement (Affirmative Action and Equal Employment Opportunities): Mr. McRae reported that he wished Council to be aware that Personnel has taken several steps, pursuant to the Arthur Young & Company recommendation regarding a uniformity in treatment of City employees, by placing Stadium and Convention Center employees under direct control of the City Personnel Department and the V & C Bureau has been requested to make other arrangements for their employees' insurance. The Personnel Department is currently addressing the procedures to be used in Parks, Recreation and the Arts and the Convention Center in their recruiting activities and to administer a legally acceptable selection and screening process as well as to monitor these tasks when performed by other City departments by agreement. Mr. McRae noted that total compliance with the Equal Employment Opportunity Laws may not be technically feasible in today's world and, therefore, he is not suggesting that the City of Anaheim take a position of absolute compliance, but rather that the City Personnel Department engage in these activities within the framework of their budget inasmuch as total compliance is a very expensive proposition. In reply to Mayor Thom, Mr. McRae advised that the Personnel Department does have documented agreements with City departments outlining the limits of their responsibility in connection with Personnel procedures. 75-318 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 8~ 1975., 9:00 A.M. Mr. Jim LeSieur agreed that this approach would be consistent with their recommendation. Mr. McRae stated that in regard to the City's Affirmative Action Plan, he would be hesitant to classify this as a second priority item as listed and Mr. LeSieur indicated he concurred that it was not the intent to place Affirma- tive Action in the background, but rather that there are other areas which they felt needed a substantial effort. Mr. Murdoch commented that he would like to see progress reporting on individual departments' Affirmative Action Plans. Mr. McRae reported that they are looking at preparation of a routine quarterly progress report in all areas. f. Absenteeism and Benefits Administration: In reply to Mayor Thom's question regarding absenteeism, Mr. McRae indicated that the Arthur Young & Company report suggests that the Personnel Department should make more apparent what the employee attendance records are and staff should address the area of attendance as a performance measure. In connection with benefits administration, Mr. McRae reported that they do currently have one individual assigned to reply to insurance questions and that Mr. Tom Tyre has been spending a great deal of time, including his personal time, in counseling on retirement benefits. Mr. McRae further reported that both dental and health insurance plans include administrative costs and, therefore, it is considered that City employees should be given information by the carriers themselves. He noted that part of the recent difficulty may have been due to insufficient telephone service in the newly established Blue Cross Santa Ana Office and further noted that they are working together with the Teamsters Union to reduce the time for appointments on the pre-paid dental plan. It was also noted that perhaps a portion of the problem has been due to the increased number of telephone calls reCeived by the City Personnel Department relative to the manpower function. Mr. LeSieur noted that the Personnel Department cannot pass total respon- sibility for problem cases onto the insurance carrier, and Mr. McRae explained that Personnel meets monthly with the insurance carriers for discussion of such problem areas. g. Safety Program: Mr. McRae reported that they have already initiated a revival of the City-wide safety training program and have active committees functioning. Substantially more time has been allocated to this activity in the 1975-76 Fiscal Year (900 hours) and consequently the program will be more visible. In this connection he reported that they are satisfied with the per- formance of the Kautz Company in their risk analysis and safety engineering. This company is preparing a comprehensive safety evaluation which will be complete July 1, 1975. Mr. Murdoch again suggested that a monthly safety reporting procedure would inform the individual departments as to their progress in this area. Mayor Thom stated and Mr. LeSieur concurred that it is the responsibility of the Personnel Department to supervise the administration of OSHA regulations and that infractions of these be brought to the attention of the City Manager by the Personnel Department. Mr. McRae added that he felt the responsibility for enforcement of safety standards should rest with the first line supervisor, which is also the position taken by OSHA and they will hold the immediate supervisor accountable to uphold- ing safety standards. Mr. McRae indicated this is the direction in which the Personnel Department would like to proceed. III. SUMMARY: Mr. McRae summmrized that the document which has been reviewed at this meeting outlines what the Personnel Department proposes to accomplish as it understands the Arthur Young & Company recommendation and intent of the City Council, to be the desired scope and level of activities. It includes a summary of how manhours will be spent in 1975-76 to achieve these goals. This summary 75-319 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 8~ 1975.; 9:00 .~.M.. .. is based on the department having 17 full time positions for 10 months and 18 positions for 2 months at the end of the 1975-76 Fiscal Period and is further based on the assumption that the City Council will authorize a classification and pay study which will permit the Personnel Department to have an up-to-date classification system complete by the end of August, 1975. At the conclusion of discussion, no action was taken by the City Council. The representatives of the employee associations thanked the Council for the opportunity to offer their comments. Mr. Murdoch pointed out that Council should review the percentage of manhours allocated to the various activities (Page No. 6 of the discussion draft) to make sure this is the way they wish the emphasis to be placed and offer comments if they feel any rearrangement necessary. Further, some decision on the Classification and Wage Survey will be necessary. ADJOURNMENT: Councilwoman Kaywood moved to adjourn. Councilman Pebley seconded the motion. MOTION CARRIED. Adjourned: 11:50 P.M. Signed · Cler~ City Hall~ Anaheim, California - COUNCIL MINUTES - April 8~ 1.975.~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Kaywood, Seymour, Sneegas, Pebley and Thom ABSENT: COUNCIL MEMBERS: None PRESENT: CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Alan R. Watts CITY CLERK: Alona M. Hougard ~ PERSONNEL DIRECTOR: Garry O. McRae FINANCE DIRECTOR: M. R. Ringer DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR; Charles Roberts CITY ENGINEER: James P. Maddox PARKS, RECREATION AND THE ARTS DIRECTOR: John J. Collier STADIUM-CONVENTION CENTER DIRECTOR: Thomas Liegler COMMUNITY RELATIONS REPRESENTATIVE: Joe Garza Mayor Thom called the meeting to order. INVOCATION: The Rev. Canon John K. Saville gave the Invocation. FLAG SALUTE: Councilman Pebley led the assembly in the Pledge of Allegiance to the Flag. PROCLAMATION: The following proclamation was issued by Mayor Thom and unani- mously approved by the City Council: "Meals on Wheels Week" - May 12 - 16, 1975. The Rev. Canon John K. Saville introduced several members of the Meals on Wheels organization, and the Vice President, Mr. Bonney, accepted the Proclama~ tion and extended an invitation to all Council Members to attend their Third Annual Luncheon at the Anaheim Methodist Church, 1000 South State College Boulevard on Tuesday, May 13, 1975, at 12:30 p.m. 75-320 Cit~ Hall.~ Anaheim, California - COUNCIL MINUTES - April 8~ 1975~ 1:30 P.M. RESOLUTION OF COMMENDATION; Mayor Thom offered and read in full a Resolution of Commendation to Mr. John P. Lewis, employee of Young's Market and Julius Wile and Sons Company, warehouse facility in Anaheim, for his efforts in bring- ing about the return of a lost wedding band to the gentleman who lost it in Jerez, Spain. Mr. Lewis accepted the resolution with appreciation. The Regional Manager of Julius Wile and Sons Company, Importers, was recognized and extended the Company's appreciation to Mr. Lewis. He presented Mr. Lewis with a solid gold tie clasp, together with a weekend trip for two to Las Vegas, Nevada, including a $50 gift certificate. MINUTES: Approval of the Minutes of the Anaheim City Council Regular Meeting held March 18, 1975, was deferred to the next regular meeting. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Sneegas 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 reading of such ordinance or resolution. Councilman Pebley seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the amount of $3,396,189.30, in accordance with the 1974-75 Budget, were approved. SOCIAL SERVICES AD HOC COMMITTEE REPORT: Mr. Gerald Vind, Chairman of the Social Services ad hoc Committee, reported on the progress to date of the Committee established by the City Council on February 11, 1975. He presented each Council Member with a notebook containing copies of the Committee minutes from their meetings held February 19, through March 31, 1975. Using visual aids, Mr. Vind noted that the Committee is in the process of identifying the community needs and that in the City of Anaheim there are approxi- mately 2,500 families receiving welfare benefits, approximately 8,000 persons unemployed, and some 3,000 more who are no longer receiving their unemployment benefits. Other statistics are in the process of being developed. He advised that Anaheim Police Department figures indicate that Anaheim is in line with National statistics shOwing a 17% increase in the crime rate. These conditions are indicators of social problems. The approach of the Committee has been through use of a subcommittee to survey and assess social service needs, opportunities, and recommendations. Preliminary recommendations should be ready for submission to the City Council in May. Inasmuch as the responsibility of the Committee expires June 30, 1975 and current activities indicate that valuable study activities will extend beyond that time, he requested that the term of the Committee be extended for one year to allow full participation in the City planning cycle for the ensuing fiscal year. Mr. Vind briefly reviewed his background of public service, including participation in "Project Open", the People's Center, Manpower Commission, etc. He read a report from the Orange County Manpower Commission on the People's Center Pilot Program and indicated his pride in having had a part in this worthwhile endeavor. Mayor Thom stated that in his opinion Mr. Vind had clearly explained that his interest in the Manpower Program was no more than academic. He pointed out that the goal of the Social Services Program is to help people to become indepen- dent of these services, rather than to perpetuate their dependency to the disadvantage of the taxpayers. He invited comments from other Council Members. Mr. Vind reported that in dealing with human services, it is easy to assume that there might be some overlap, and to insure that there is not, through an effective program which has some accountability for the clients who enter the program, the client intake can be controlled; the City is directly 75-321 City Hall~ Anaheim, California - COUNCIL MINUTES - April 8~ 1975~ 1:30 P.M. involved in the information referral process, a link to the agencies which must be referred to in order to prevent duplication. The facts that the Social Services and Manpower Services Centers are now physically in the same building offers an excellent opportunity for coordination of services. The Community Information Referral Service under the Orange County Mental Health Association provides information and referral, however, they have no follow-up, whereas our Social Services Center takes time to determine what the real problem is and follows through. Mayor Thom thanked Mr. Vind for his comprehensive report on the status of the Social Services ad hoc Committee. KINGSMEN DRUM AND BUGLE CORPS - PRESENTATION: Mr. Rocco Oliverio, Executive Director of the Southern California Kingsmen Drum and Bugle Corps, was recognized by the Mayor and advised that the group had participated in the National Orange Show at San Bernardino, and for the third straight year had won the trophy for the California Championship, which now becomes their permanent award. Mr. Oliverio announced that the group is about to embark on a $48,000 fund raising program to sponsor their planned summer tour of 27 states and appearances including National television, which should bring their coverage for Anaheim to approximately 200 million people. He noted their intention of adding 40 more young people to the organization as soon as they are assigned a permanent head- quarters. After an intensive practice schedule, they plan to stage a preview of their summer tour activity on July 5, 1975. It is hoped that emblems of the City can be displayed on their bass drum heads, and that a set of flags inscribed with the City Seal can be made up for use on National television. Mr. Oliverio advised that the group has won more than 40 seven-foot tro- phies, and he displayed one of the flags used in their current activities. He introduced one of his drum majors, Darrell Lynn, who presented the trophy to the City of Anaheim. Mayor Thom thanked Mr. Oliverio and accepted the trophy for display by the City. RESOLUTION NO. 75R-175: City Attorney Alan Watts reported that the Stadium- Convention Center Director has recommended several changes to an agreement form which has been in existence for some years, one change being the expansion thereof to include the Stadium as well as the Convention Center. Councilwoman Kaywood offered Resolution No. 75R-175 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A FORM OF AGREEMENT AND AUTHORIZING THE DIRECTOR OF ANAHEIM STADIUM AND CONVENTION CENTER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM. (Charges to tenants for use of utilities) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R-175 duly passed and adopted. RESOLUTION NO. 75R-176: The Personnel Director reported on recommended adjustments to personnel job classifications for the Stadium and Convention Center, advising that one of the recommendations would be a title change to recognize that foreman positions are interchangeable between the two facilities, and the other would upgrade the Convention Center Maintenance Superintendent's position to include the Stadium. Stadium-Convention Center Director Tom Liegler noted that the recommended changes would constitute a savings not only in salaries, but in equipment, materials, and supplies for both facilities. 75-322 City Hall, Anaheim, California - COUNCIL MINUTES - April 8~ 1975~ 1;30 P.M. Councilman Seymour offered Resolution No. 75R-176 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 74R-521 AND ESTABLISHING NEW JOB CLASSIFICATIONS AND RATES OF PAY. (Convention Center and Stadium Maintenance Superintendent and Foreman) Roll Call Vote' AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R-176 duly passed and adopted. RESOLUTION NO. 75R-177: On report and recommendation by the Personnel Director, Councilman Pebley offered Resolution No. 75R-177 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 75R-104 AND ESTABLISHING A NEW CLASSIFICATION. (Bus Driver - part tim~) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R-177 duly passed and adopted. AMENDMENT TO RETIRED EMPLOYEES' INSURANCE BENEFITS: Personnel Director Garry O. McRae reported that as directed during the Council meeting held April 1, 1975, he had discussed with employee organizations the proposed amendment to the retirement insurance benefits which would allow, on a voluntary basis, retired employees the option of continuing with group life insurance or group health insurance, at their own expense. On motion by Councilman Sneegas, seconded by Councilman Seymour, the Personnel Director was'instructed to implement the amendment as recommended. MOTION CARRIED. PROPOSED AMENDMENT TO CITY EMPLOYEES' RETIREMENT CONTRACT TO DE-POOL MISCELLANEOUS MEMBER PORTION: Further consideration of the proposed amendment to the City Employees' Retirement Contract to de-pool the Miscellaneous Member portion was continued from the meetings of March 18 and April 1, 1975, for comments from employee organizations. Mr. McRae reported that after three meetings held with representatives of the organizations, their position is that they would like action deferred until they have an opportunity to negotiate which of the benefits would be implemented. They have expressed the greatest interest in the final year compensation for retirement purposes, and they feel that the intent of de-pooling is to provide additional employee benefits, and that sick leave credit would be of no benefit to those who must retire for medical reasons. It is estimated that the cost savings in cash flow for de-pooling would amount to $250,400 per year; the costs of averaging the highest one-year income for final compensation is esti- mated to be $246,751 per year; and the sick leave benefit would be approximately $84,215 per year. Mayor Thom pointed out that the purpose of the proposal to de-pool as soon as possible was to realize savings, roughly estimated at $10,000 each payday, in exchange for giving an employee benefit with a cost figure attached. During the previous discussion, the City Council elected to give the sick leave benefit as the one which would have the least financial impact. Inasmuch as employees now feel they would prefer the highest year benefit, he suggested it might be beneficial to defer action until October negotiations with employee organiza- tions. However, he was of the opinion that the City Council should proceed with de-pooling and sick leave benefit, as previously intended. 7.5-323 City Hall.~ Anaheim, California - COUNCIL MINUTES - April 8~ 1975~ 1:30 P.M. Councilwoman Kaywood also felt the Council should proceed in order to realize the savings right away, and she noted she had felt the sick leave benefit to be the most economical and the fairest benefit for all employees. She asked whether the savings to the City would continue each year. Mr. McRae reported that the savings would commence at the time of de-pooling, and annual savings would continue; however, future quadrennial evaluation by the California Public Employees' Retirement System could off-set that savings. The magnitude of the City's reserves is a function of the benefits it offers; the size, age and length of service of our employee group. In response to question by Mayor Thom, the City Attorney counseled that the Personnel Director has consulted the employee organization representatives, and if the City Council determines to take action to de-pool, they would not be in violation of the Meyers-Milias-Brown Act. Councilman Seymour questioned Whether the proposal to de-pool was based on the fact that the employees to be served by the additional benefit are rated at a lesser rate than those in the State-wide pool, and that the savings would continue unless that factor changes. Mr. McRae replied in the negative, advising that Anaheim is a relatively young City which has not yet reached a normal retirement mode where the number of retiring employees balances that of new employees. When that status is reached in a minimum of ten years, it is possible that it will be advantageous for the City to be pooled. (As the employee age group increases, the yearly savings will gradually be lowered.) If the City determines to rejoin the pool, he was of the opinion that it would be necessary to pay back the contributions for the interim period. He pointed out that he had suggested waiting until October employee negotiations to de-pool because of the impact on benefits; however, he had noted the additional savings if it were accomplished earlier. Councilwoman Kaywood remarked that if in October the employee organizations choose the more expensive final year compensation benefit, which would cost nearly as much as the City would save, the Council might not want to de-pool. She recalled that previously Mr. McRae had reported that the military service credit benefit seemed to be preferred. Mr. McRae replied that a great many employees had contacted him on an individual basis expressing a preference for the military benefit; however, in subsequent meetings with organization representatives, it became apparent that this was a specialized benefit for a specific field. From a labor relations standpoint, it appeared to him that the employee organizations would be request- ing the final year compensation in October and would be willing to relinquish the sick leave benefit in return. Councilman Seymour pointed out that waiting until October would cost the City approximately $150,000. Councilman Sneegas felt that if the proposed benefit is offered as a condition of employment and at a later time the City rejoins the pool, it will be very difficult to withdraw the benefit. Apparently this is a matter of giving a benefit now, and additional benefits being requeSted each time negotia- tions take place. He further felt that the immediate savings were not as important as those over the next ten years and beyond. Mr. McRae reported that the potential savings for the six-month period wOuld amount to approximately $125,000, while the sick leave benefit would cost approximately $40,000 for the same period, balancing out to a total savings of $85,000. RESOLUTION NO. 75R-178: Councilman Thom offered Resolution No. 75R-17§ for adoption. Refer to Resolution Book. RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF ANAHEIM. (Declaring the intent to de-pool with provision of sick leave benefit) 75-324 City Hall, Anaheim, California - COUNCIL MINUTES - April 8~ .1975.~ 1:30 P.M. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour and Thom NOES: COUNCIL MEMBERS: Pebley and Sneegas ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R-178 duly passed and adopted. Councilwoman Kaywood requested that the Personnel Director investigate and report as to what would be required should the City decide to rejoin the pool at some future date. RESOLUTION NO. 75R-179: On the recommendations of the City Manager and the Director of Parks, Recreation and the Arts~ Councilman Seymour offered Resolu- tion No. 75R-179 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SUPPORTING ASSEMBLY BILL 997 "CALIFORNIA LOCAL GOVERNMENT RECREATION PROGRAM." (Off-Shore Revenues) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R-179 duly passed and adopted. TLC PROJECT - REQUEST: At their regular meeting held March 18, 1975, the City Council approved the concept of providing requested assistance to the TLC (Transportation, Lunches and Counseling) Program (Feedback Foundation, Inc.), and instructed the staff to develop the means of implementation. Community Relations Representative Joe Garza briefed his report submitted on April 1, 1975, providing some background information. He reported that research indicates the possibility that a City automobile may be assigned on a part-time basis as requested, and the possibility of CETA assistance to provide a staff person, leaving only the requested funds for utilities, janitorial services and the telephone bill, in the total amount of $87.50 a month. He noted that the requested funds for these items would be used to reimburse a church where the project is headquartered. Mr. Murdoch clarified that the vehicle which would be used five hours per day, five days a week, was one which was used by the Civil Defense Division and was not currently in use for that purpose. Councilman Seymour indicated that if other expenses of the same value could be found which might be paid out of federal funds to compensate for advancing the requested amount out of the general fund, he would support that concept. Councilman Seymour moved that the request for use of the City vehicle, a driver, and clerical assistance be approved as recommended by the Community Relations Representative. Councilman Thom seconded the motion. MOTION CARRIED. CONSUMER AFFAIRS REPRESENTATION - SOCIAL SERVICES CENTER: Memorandum from Brenda J. Easley, Social Services Coordinator, dated March 31, 1975 (copies furnished each Council Member), was submitted recommending the establishment of a Consumer Affairs Office one day each week in the Social Services Center to attend the needs of Anaheim residents. It was noted that necessary desk and chairs, plus access to a telephone, can be provided with existing facilities in the Center. Councilwoman Kaywood moved that the Orange County Board of Supervisors be forwarded a letter requesting the Orange County Office of Consumer Affairs to maintain a one day per week representation at the Anaheim Social Services Center. Councilman Thom seconded the motion. MOTION CARRIED. 75-325 City Hall~ Anaheim~ California - COUNCIL MINUTES - April. 8~ 1975~ 1:30 P.M. REPORT - PETITION OF GRIEVANCES~ PEOPI.E FOR COMMUNITY DEVELOPMENT: Mayor Thom reported on the outcome of meeting held Wednesday, April 2, 1975, between representatives of the People for Community Development, Councilman Seymour and himself, as result of petition filed with the City Council April 1, 1975, requesting an investigation into alleged problems with the Police Department. Said representatives declined to submit their purported documentation to the City Council, and in order to achieve such documentation of their allegations, it was agreed that at their convenience, they would meet with staff members, Community Relations Department, and tape record a verbal record of the incidents of concern in a format suggested by the City Attorney which would be transcribed in document form. POLICY OF THE CITY COUNCIL - }ffiRCHANDISE SALES IN PARKS AND RECREATION FACILITIES BY NON-PROFIT ORGANIZATIONS: The City Manager reported on proposed Council Policy recommended by the Parks, Recreation and the Arts Director and the City Attorney, which would allow administrative handling of applications by schools and local non-profit organizations to conduct sales in public parks, with provisions for appeal to the Council. On motion by Councilwoman Kaywood, seconded by Councilman Seymour, the following policy was adopted: "It is the policy of the City Council that requests of schools and local non-profit organizations for permission to sell or offer for sale any merchan- dise, articles or other things in City parks or recreational facilities are to be handled administratively by the Director of the Parks, Recreation and the Arts Department. "Local Organization" is defined to be any organization that has substantial membership in said organization residing within the City of Anaheim, or that benefits from the sales activities will accrue in substantial part to the citizens of Anaheim. Ail other requests, and/or appeals by persons denied permission by the Director, Parks, Recreation and the Arts Department shall be forwarded to the City Council for appropriate action." MOTION CARRIED. ASSEMBLY BILL NO. 745: On the recommendations of the City Attorney, Councilman Seymour moved that the City Attorney's Office be instructed to write a letter in support of AB 745, pertaining to the inclusion of City Attorneys in the list of agencies authorized to receive criminal history information. Councilman Thom seconded the motion. MOTION CARRIED. RESOLUTION NO. 75R-180: On the recommendations of the City Attorney, Councilman Seymour offered Resolution No. 75R-180 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF A LICENSE AGREEMENT WITH THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. (Pumping Station at Douglas Street Underpass) Roll Call Vote: AYES: COUNCIL bfEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R-180 duly passed and adopted. WORK ORDER NO. 830: Extension to Work Order No. 830, the Parkway Maintenance Office Building Addition, was continued from the meeting of April 1, 1975, to determine the amount of liquidated damages to be assessed against the prime contractor. 75-326 City Hall, Anaheim, California - COUNCIL MINUTES - April 8~ 1975~ 1:30 P.M. The City Attorney reported that it has since been learned that said con- tractor had made an unauthorized substitution of a sub-contractor. In response to question by Councilwoman Kaywood, the City Engineer reported that the work executed by the substitute sub-contractor apparently was done in a satisfactory manner. Councilman Seymour left the Council Chamber. (3:14 P.M.) Mr. Watts reported on penalties provided for in the Government Code. Councilman Seymour returned to the Council Chamber. (3:16 P.M.) Councilman Thom moved that the City Attorney be instructed to forward to Orange County Environmental Developers, Inc., the prime contractor on Work Order No. 830, a notice to appear on April 15, 1975 at 1:30 P.M. and show cause why a penalty should not be assessed for the unauthorized substitution of a subcontractor. Councilman Seymour seconded the motion. MOTION CARRIED. By general Council consent, the matter of liquidated damages was also continued to April 15, 1975. RESOLUTION NO. 75R-181: On the recommendation of the Utilities Director, Councilman Thom offered Resolution No. 75R-181 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH LA JOLLA AVENUE ASSOCIATES TO REIMBURSE SAID CORPORATION FOR INSTALLING 940 FEET OF WATER MAIN AS PART OF THE SECONDARY DISTRIBUTION SYSTEM IN THE AREA OF RED GUM STREET, NORTH OF LA JOLLA STREET, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R-181 duly passed and adopted. CONSENT CALENDAR ITEMS: On motion by Councilman Pebley, seconded by Councilman Sneegas, 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. CLAIMS AGAINST THE CITY: The following claims against the City were denied and referred to the City's insurance carrier: a. Claim submitted by Larry W. Moore for damages sustained to vehicle purportedly resulting from accident caused by obscured traffic signal, on or about December 31, 1974. b. Claim filed by Blanche J. Gottlieb on behalf of Donald B. James for personal injuries purportedly sustained as a result of condition of Anaheim Hills Golf Course, on or about January 12, 1975. c. Claim filed by Goedhart & Kane on behalf of Edward J. and Mary E. Langhans for Darrell E. Langhans, deceased, for wrongful death purportedly resulting from malfunction of traffic signals, on or about January 12, 1975. d. Claim filed by State Farm Mutual Auto Insurance on behalf of Frank Mastromatteo for damages to insured's vehicle purportedly resulting from collision with City vehicle, on or about February 1, 1975. e. Claim submitted by Jacob G. Yovanov for damages to water line purpor- tedly resulting from increase in pressure, on or about March 21, 1975. f. Claim filed by Bunn and Fuller, on behalf of Katherina Owens for injuries, general and punitive damages purportedly resulting from actions of Anaheim Police Officers, on or about March 20, 1975. g. Claim submgtted by Roquet Realty for loss purportedly resulting from erroneous electric turnoff, on or about April 1, 1975. 75-327 City Hall, Anaheim~ California - COUNCIL MINUTES - April 8~ 1975~ 1;30 P.M. 2. CORRESPONDENCE: The following correspondence was ordered received and filed. a. City of La Habra - Resolution No. 2424 - Opposing legislation which would create the Southern California Association of Governments by statute and mandate its membership. b. City of Rosemead - Resolution No. 75-20 - Opposing the passage of Senate Bill No. 275. c. City of Emeryville - Resolution No. 75-27 - Opposing the passage of Assembly Bill No. 625, establishing a Bay Area Planning Agency as introduced by Assemblyman Knox on January 30, 1975. d. City of Costa Mesa - Resolution No. 75-29 - Opposing transformation of the Southern California Association of Governments, SCAG, into a statutory agency and opposing the addition of any new powers. e. City of Costa Mesa - Resolution No. 75-30 - Requesting the earnings limitations under Social Security be repealed. f. City of Costa Mesa - Correspondence to Senator Carpenter - Going on record joining the City Council of Newport Beach in support of Senate Bill No. 368, which would transfer a portion of money received in settlement of the Santa Barbara oil spill litigation from the General Fund to the Fish and Game Department for Upper Newport Bay property acquisition. g. Community Redevelopment Commission - Minutes - March 5 and 12, 1975. h. Financial and Operating Reports for the month of February, 1975 for the Police Department and the Water Division. i. City of Los Angeles - Resolution - Requesting the federal General Services Administration, the Smithsonian Institute, Mr. Howard Hughes and Summa Corporation to take whatever actions are needed to delay the dismantling of the famous wooden amphibious airplane that is officially designated as the HK-1, for at least 90 days to permit the citizens who are trying to preserve this historic airplane sufficient time to arrange for its permanent display to the public, intact, here in Southern California where it was conceived and built. j. Notice of Application to the Public Utilities Commission - Application No. 55575 - To establish a tariff for the 80lA Dial PBX and to modify the rates currently charged to contract customers of the service. MOTION CARRIED. RESOLUTION NOS. 75R-182 AND 75R-183: Councilman Sneegas offered Resolution Nos. 75R-182 and 75R-183 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. RESOLUTION NO. 75R-182 - WORK ORDER NO. 730-A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE SANTA ANA STREET STREET IMPROVEMENT, EAST STREET TO STATE COLLEGE BOULEVARD, IN THE CITY OF ANAHEIM, WORK ORDER NO. 730-A. (Sully-Miller Contracting Company) RESOLUTION NO. 75R-183 - ABANDONMENT NO. 74-12A: A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN REAL PROPERTY AND FIXING A DATE FOR HEARING THEREON. (Public Hearing May 6 1975 2:30 P.M.) ' ' Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 75R-182 and 75R-183 duly passed and adopted. 75-328 City Hall~ Anaheim~ California - COUNGIL MINUTES -.April 8~ 1975; 1:30 P.M. CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission at their meeting held March 17, 1975, pertaining to the following applications were submitted for City Council information and consideration: On motion by Councilman Pebley, seconded by Councilman Sneegas, the City Council authorized the actions pertaining to environmental impact requirements as recommended by the City Planning Commission and sustained the actions taken by the City Planning Commission in connection with the following applications: (Item Nos. 1 through 9) 1. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTIONS: The City Council ratified the determination made by the Director of Development Services that the proposed activities in the following listed zoning applications fall within the definition of Section 3.01, Class 1 of the City of Anaheim Guidelines to the requirements for an environmental impact report and are, therefore, categorically exempt from the requirement to file said report: Variance No. 2681 Conditional Use Permit No. 1522 Conditional Use Permit No. 1521 2. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATIONS: The City Council found that the project in the following listed zoning application will have no significant effect on the environment and is, therefore, exempt from the requirement to prepare an environmental impact report: Conditional Use Permit No. 1524 3. VARIANCE NO. 2681: Submitted by Pete's Road Service to permit the outdoor storage of a boat in conjunction with a truck tire servicing facility on ML zoned property at the southwest corner of Coronado and Blue Gum Streets with Code waivers of: a. Permitted outdoor uses. b. Minimum number of parking spaces. c. Required enclosure of outdoor uses. (Withdrawn) The City Planning Commission, pursuant to Resolution No. PC75-59, granted said variance in part. 4. CONDITIONAL USE PERMIT NO. 1514: Submitted by R. Lawrence Gallegos to establish a massage parlor in a structure originally intended for residential purposes on CL zoned property located at the southwest corner of Ball Road and Empire Street. Excerpt from the Minutes of the City Planning Commission meeting held March 17, 1975, reflecting the withdrawal of subject conditional use permit and the termination thereof by the Planning Commission. 5. CONDITIONAL USE PERMIT NO. 1516: Submitted by Orange Unified School District to establish a private school on RS-HS-43,000 zoned property located between Santa Ana Canyon Road and Peralta Hills Drive. Excerpt from the Minutes of the City Planning Commission meeting held March 17, 1975, reflected the withdrawal of subject conditional use permit by the developer, and termination thereof by the Planning Commission. 6. CONDITIONAL USE PERMIT NO. 1521: Submitted by Koll Income Properties, Inc., to permit the retail sale of sandwiches in an existing industrial complex on ML zoned property located at the northeast corner of Cerritos Avenue and State College Boulevard. The City Planning Commission, pursuant to Resolution No. PC75-56, granted said conditional use permit. 7. CONDITIONAL USE PERMIT NO. 1522: Submitted by Rogers A. and Barbara A. Severson, to permit a restaurant in an existing industrial complex on ML zoned property located at the northeast corner of Whitestar Avenue and Blue Gum Street, with Code waiver of: a. Minimum kitchen area. 75-329 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 8; 1975; 1;30 F.M. The City Planning Commission, pursuant to Resolution No. pC75-57, granted said permit for the hours of 9:00 a.m. to 2:30 p.m. 8. CONDITIONAL USE PERMIT NO. 1524: Submitted by the Salvation Army to con- struct church facilities in the CG Zone; property located between Claudina and Emily Streets, on the north side of Cypress Street, with Code waivers of: a. Minimum number of parking spaces. b. Minimum front setback. (Not required) The City Planning Commission, pursuant to Resolution No. PC75-58, granted said permit in part. 9. ENVIRONMENTAL IMPACT REPORT NO. 146 - CERTIFICATION: Referring to the pro- posed Country Hill Road Sewer from Santa Aha Canyon Road to 4,100 feet south and east of Santa Aha Canyon Road, the City of Anaheim Public Works Department proposes to construct a sanitary sewer consisting of approximately 4,400 feet of eight- (8) inch clay pipe and pre-cast concrete manholes. Environmental Impact Report No. 146 having been reviewed by the City staff and recommended by the City Planning Commission to be in complaince 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 that Environmental Impact Report No. 146 is in compliance with the California Environmental Quality Act and City and State Guidelines. MOTION CARRIED. CITY PLANNING COMMISSION RECOMMENDATIONS: Recommendation by the City Planning Commission was submitted that a) staff be directed to study the property located at 2100 West Ball Road and the adjacent area for consideration for down zoning from CL to CO since that area does not seem appropriate for CL uses; b) that an amendment to the Anaheim Municipal Code be initiated to require all applications for massage and therapy parlors, modeling agencies, Photography studios and similar uses be processed through the conditional use permit procedure, rather than permitted as a matter of right in the CL Zone; and c) that an amendment to the Anaheim Municipal Code be initiated to amend the age provisions in said Code from 21 years of age to 18 years of age, to allow for control through the conditional use permit procedure of uses requiring that an age limit be affixed, 18 years of age being the legal adult age. At the suggestion of Councilwoman Kaywood, the term "CL" as contained in Section b) above, was changed to reflect that the requirement that all applica- tions for the above uses in all zones be processed through the conditional use permit procedure. No further action was taken by the City Council. TENTATIVE TRACT NO. 8082~ REVISION NO. 1 - EXTENSION OF TIME: Request of Jeffrey H. Millet, Millet-King & Associates, representing Pacesetter Homes, Inc., dated March 19, 1975, was submitted for a one-year extension of time to Tentative Map, Tract No. 8082, together with report from the Development Services Department and the City Engineer. Mr. Millet was recognized by the Mayor and addressed the Council advising that one reason for the requested extension was the finalization of the proposed Fairmont Boulevard alignment. He indicated his preference that the proposed boulevard not extend over the river. On motion by Councilman Pebley, seconded by Councilman Sneegas, a one-year extension of time was granted to Tentative Map, Tract No. 8082, Revision No. 1, to expire June 5, 1976, subject to the following conditions recommended by the City Engineer: 1. If permanent street name signs have not been installed, temporary street name signs shall be installed prior to any occupancy. 2. That appropriate drainage assessment fees as determined by the City Engineer shall be paid to the City of Anaheim prior to approval of the final tract map. To this motion, Councilwoman Kaywood voted "no". MOTION CARRIED. 75-330 City Hall, Anaheim~ California - COUNCIL MINUTES - Ap..ril 8~ 1975~ 1:30 P.M. TENTATIVE MAP~ TRACT NO. 8455, REVISION NO. 4 - APPROVAL OF FINAL PLANS: Request of Westfield Development Company for approval of final specific floor plans, elevations, and fence plans was submitted; tract located on the south side of Canyon Rim Road, east of Nohl Ranch Road and contains 37 RS-5000 lots. On the recommendations of Zoning Supervisor Charles Roberts, Councilman Pebley moved that approval of said plans be deferred one week (April 15, 1975). Councilman Thom seconded the motion. Councilman Seymour abstained from voting on said motion, advising that from time to time he does business with this developer. MOTION CARRIED. PUBLIC IMPROVEMENT PROJECTS - AWARD OF CONTRACTS: Councilman Pebley offered Resolution Nos. 75R-184 through 75R-186, both inclusive, for adoption. Refer to Resolution Book. RESOLUTION NO. 75R-184 - WORK ORDER NO. 729-B: 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: THE IMPROVEMENT OF SERRANO AVENUE, W/O HIDDEN CANYON ROAD TO CANYON RIM ROAD, IN THE CITY OF ANAHEIM, WORK ORDER NO. 729-B, A.H.F.P. NO. 735. (R. J. Noble Company, $108,703.45). RESOLUTION NO. 75R-185 - WORK ORDER NO. 745-B: 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: THE IMPROVEMENT OF TUSTIN AVENUE, S/O LA PALMA AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 745-B. (Sully-Miller Contracting Company, $13,644.10). RESOLUTION NO. 75R-186 - WORK ORDER NO. 9922 AND 742-A: 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: THE KATELLA AVENUE PUMPHOUSE MODIFICATION, KATELLA AVENUE AT THE A.T. & S.F. R.R., IN THE CITY OF ANAHEIM, WORK ORDER NOS. 9922 AND 742-A. (Ecco Contractors, Inc., $5,234.00) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, ?ebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 75R-184 through 75R-186, both inclusive, duly passed and adopted. PURCHASE OF SERVICES - SUMMER RECREATION BROCHURE PRINTING: The City Manager reported on the informal bids received for the printing and binding of 80,000 copies of the 32-page 1975 summer recreation brochure in black and white, and recommended acceptance of the low bid, that of Rotary OffSet Printers in the amount of $8,757. Mayor Thom suggested that the names of Council Members be listed on the front page of the summer recreation brochure. On the recommendations of the City Manager, Councilman Seymour moved that the low bid of Rotary OffSet Printers be accepted and purchase authorized in the amount of $8,757. Councilman Thom seconded the motion. MOTION CARRIED. PURCHASE OF EQUIPMENT - LEAR-SIEGLER BOOSTER PUMP: Mr. Murdoch reported on the recommended purchase of a Lear-Siegler Booster Pump unit for the Fire Department and advised that the one manufacturer, Lear-Siegler, lists the pump at $2,500 plus appropriate taxes. He thereupon recommended the purchase be authorized. On motion by Councilwoman Kaywood, seconded by Councilman Seymour, purchase was authorized in the amount of $2,500 plus tax (approximately $2,650). MOTION CARRIED. 75-331 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 8; 1975; 1;30 F.M. ORDINANCE NO. 3412: Councilwoman Kaywood offered Ordinance No. 3412 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18, CHAPTER 18.84 BY ADDING THERETO SECTION 18.84.036 RELATING TO ZONING. (Tree preservation in the Scenic Corridor Zone Overlay) AYES: COUNCIL MEMBERS: Kaywood, Seymour and Thom NOES: COUNCIL MEMBERS: Pebley and Sneegas ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 3412 duly passed and adopted. ORDINANCE NO. 3413 - INSPECTION FEES~ FARM LABOR CAMPS: In accordance with request by Councilman Sneegas at the time first reading was held on Ordinance No. 3413, City Attorney Alan Watts reported on the proposed amendment to Title 6 regarding permit fees for inspections at farm labor camps. He advised that the only operator at such a camp in Anaheim is Mr. Shigekawa, who is familiar with Health Department enforcement in this area. Regarding the question of the $6 fee for each employee, he advised that $6 is the uniform State charge per employee of farm labor camps set by the State of California, and the Orange County Health Department has requested the fee to be established in the same amount in order to keep all charges uniform throughout the State. Councilman Sneegas expressed appreciation for the report and was of the opinion that fees should be based on a cost situation rather than on a per capita basis. ORDINANCE NO. 3413: Councilman Thom offered Ordinance No. 3413 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 6 BY ADDING CHAPTER 6.95 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PUBLIC HEALTH AND SAFETY. (Permit fees for Farm Labor Camps) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley and Thom NOES: COUNCIL MEMBERS: Sneegas ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 3413 duly passed and adopted. ORDINANCE NO. 3414: Councilwoman Kaywood offered Ordinance No. 3414 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (65-66-24 (18) - ML) PARK AND RECREATION COMMISSION APPOINTMENT: On motion by Councilwoman Kaywood, seconded by Councilman Sneegas, Mr. Martin A. Sklar was appointed to the Park and Recreation Commission for the unexpired term of Mr. E. Llewellyn Overholt, Jr., ending June 30, 1975. MOTION UNANIMOUSLY CARRIED. SCAG EXECUTIVE COMMITTEE - ISSUES OF CONCERN: Councilwoman Kaywood, the City's SCAG representative, referred to a memorandum received by her from Henry W. Wedaa and Frances Wood~ Orange County Delegate and Alternate Delegate to the SCAG Executive Committee, requesting guidance from members on certain issues. By general consent, the Council indicated its position on the issues as follows: , 75-332 City Hall~ Anaheim~ ~alifornia - COUNCIL MINUTES - April ~ 1975~. 1:30 P.M. a. The City Council took no action on the issue of whether Orange County Cities wish to support the proposed policies of the Coastal Commission as recently published, having had no opportunity to review said policies. b. The City Council indicated their position of opposition to the issue . of a statutory SCAG requiring all cities to join (mandatory membership). c. The City Council indicated support of the position that the Orange County Health Planning Council be designated the comprehensive health planning agency for the Orange County area. RECESS - EXECUTIVE SESSION: At the request of the City Attorney, Councilman Sneegas moved to recess to Executive Session. Councilman Pebley seconded the motion. MOTION CARRIED. (3:40 P.M.) AFTER RECESS: Mayor Thom called the meeting to order, all Members of the City Council being present. (3:51 P.M.) LITIGATION - EMPLOYMENT OF COUNSEL: On report and recommendation of the City Attorney, Councilman Sneegas moved that Mr. John H. Dawson, formerly of the Anaheim City Attorney's Office, be employed in accordance with the terms con- tained in his letter dated April 3, 1975, to commence and complete litigation against the Metropolitan Water District to recover monies owed to the City of Anaheim in connection with the construction of the Lewis Street Underpass; said law suit concerns only a question of law which must be decided by the Courts. CouncilmanThom seconded the motion. MOTION CARRIED. ADJOURNMENT: Councilman Pebley moved to adjourn to Tuesday, April 15, 1975, 9:00 A.M. Councilman Thom seconded the motion. MOTION CARRIED. Adjourned: 3:55 P.M. City Clerk