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1969/11/0469-660 City Hall~ .Anaheim, California - COUNCIL MINUTES - October 28, 1969~ 1:30 P~M. "ADULT" BOOK STORES: The City Attorney was requested to investigate any and all legal means of prohibiting "Adult" Book Stores presently operating and unwelcome in this City. ADJOURNMENT' Councilman Pebley moved to adjourn. Councilman Schutte seconded the motion~ MOTION CARRIED. ADJOURNED: 2:30 P.M. SIGNED City Clerk City Hall, Anaheim~ California - COUNCIL MINUTES - November 4~ 1969, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark ABSENT: COUNCILMEN: None PRESENT: CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Joseph B. Geisler ASSISTANT CITY ATTORNEY: Alan R. Watts CITY CLERK: Dene M. Williams CITY ENGINEER: James P. Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts PUBLIC UTILITIES DIRECTOR: Gordon Hoyt Mayor Clark called the meeting to order. INVOCATION: Reverend Dean Painter, of Knott Avenue Baptist Church, gave the Invocation. FLAG SALUTE' Councilman 'Krein led the Assembly in the Pledge of Alle- giance to the Flag. PROCLAMATIONS: The following Proclamations were issued by Mayor Clark and unanimously approved 'by the City Council' ~'VETERANS WEEK" - November 9 - 15, 1969 "LEUKEMIA SOCIETY WEEK" - November 8 - 15, 1969 "WEEK OF NATIONAL UNITY" - Nove,~mber 9 - 16, 1969 INTRODUCTION OF NEW EMPLOYEES: Lee Sales, of the City Personnel Depart- ment~ introduced the new employees attending the Council meet- ing as part of the City's Orientation Program. Mayor Clark welcomed the new e~.~loyee, s to t"he City Family. MINUTES: Minutes of the Anaheim City Council reg~lar meeting of October 21, 1969, and adjourned regular meeting of Oc. tober 23, 1969, were approved on motion by Councilman Du~[on, seconded by Councilman Pebley. MOTION CARRIED. 69-661 City Hall, Anaheim, California - COUNCIL MINUTES - November 4, 1969..~ 1'30 P.M. WAIVER OF READING - ORDINANCES AND RESOLUTIONS' Cooncilm.an Schutte moved to waive the reading in full of all ordinances and resolution, sT and that con- sent to the waiver of reading is hereby gl. yen 'by all Councilmen, unless after reading of the titles specific request is .made by a Counc;ilman for the reading of such ordinance orresolution. Councilman Dutton seconded t'he motion. MOTION UNANIMOUSLY CARRIED, REPORT - FINANCIAL DEMANDS AGAINST THE CITY~ Demands against the City, in the amount of $727,651~12, in accordance w~th the 1969-70 Budget, were approved. PUBLIC HEARING - RECLASSIFICATION NOw 69-70-13 AND VARIANCE NO. 2125: Submitted by Austin B. Fordyce and David C. Toms, requesting change o£ zone from R-A to R-3, with waivers of (1) maximum building height, (2) maximum building height within 150 feet of a single-family zone, (3) minimum distance between buildings, and (4) minimum width of pedestrian walkways to establish a 48- unit, three-story apartment complex; R-A zoned property, located on the north side of Orangewood Avenue, eas~ of Mountain View Avenue. The City Planning Commission, pursuant to Resolution No. PC69-205, recommended approval of said reclassi~£catlon, subject to the £ollowin$ con- ditions' 1. That trash storage areas shall be provided in accordance with approved plans on file with the o{fice of the Director of Public Works. 2. That fire hydrants shall be installed as required and deter- mined to be necessary by the Chief of the Fire Department. 3. That subject property shall be served by underground utilities. 4. That any air~conditioning facilities shall be properly shielded from view, and the sound shall be buffered from adjacent residential homes. 5. That Condition Nos~ 1, 2, 3, and 4, above mentioned, shall be complied with prior to final building and zoning inspections. 6. That the owners of subject property shall pay to the City of Anaheim. the sum of $75.00 per multiple-family unit, to be used for park and recreation purposes, said amount to be paid at the time the building permit is issued~ Pursuant to Resolution No~ PC69-206, the City Planning Commission granted Variance No. 2125 in part, subject to the following conditions: 1~ That this variance is granted subject to the completion of Re- classification No~ 69-70-13. 2. That subject property shall be developed substantially in ac- cordance with plans and specifications on file witb the City of Anaheim, marked Exhibit Nos~ 1 and 2; provided, however, that any windows proposed in the in- terior corridors, where plans indicate windows opposite each other, shall be deleted and blank walls provided; and further provided, that pedestrian access- ways between carports and living units shall meet Code 'requirements, as stipu- lated to by the petitioner. Zoning Supervisor Charles Roberts noted the location of subject prop- erty, the existing uses and zoning in the immediate area, and briefed the evidence submitted to and considered by the City Planning Commission. He re- ported that Waiver No. 4 'was withdrawn by the Petitioner, and Waiver No. 3 was granted in part, in that the 36-foot required distance between parallel facing walls of the westernmost portion of the building was allowed to be re- duced to a minimum of 20 feet. In response to Councilman Pebley's question, Mr. Roberts stated that the owner of the only R-1 zoned property located within 150 feet of sub- ject property had addressed a letter to the Planning Commission, expressing no objections to the proposed three-story development~ Mayor Clark asked if tbe Petitioner was present and was agreeable to the Planning Commission's conditions of approval. The reply was affirma- tive. 69-662 City ~Hall~ Anaheim~ California - COUNCIL MINUTES- November 4, 1969, 1'30 P.M. The Mayor asked if anyone had opposition to 'present, there being no response, declared the hearing closed. RESOLUTION NO. 69R-619: Councilman Pebley offered Resolution No. 69R-619 for adoption~ authorizing preparation of necessary ordinance changing the zone as requested, subject to the recommendations of the City Planning Commission. Refer to Resolution Book. A RESOLUTION O~~ TIlE CITY COUNCIL OF TIlE CITY OF ANAHEIM FINDING AND DETERMINING Tt~AT TITLE 18 OF Tt~E ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND T~tAT TIlE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (69-70-13 - R-3) Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT~ COUNCILMEN: None The Mayor declared Resolution No. 69R-619 duly passed and adopted~ RESOLUTION NO. 69R-620: Councilman Pebley offered Resolution No. 69R-620 for adoption, granting Variance No. 2125 in part, subject to the recom- mendations of the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2125, IN PART. Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None AB SENT: COUNCILMEN: None The Mayor declared Resolution No. 69R-620 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO. 69-70-18 AND CONDITIONAL USE PERMIT NO. 1138: Submitted by Raymond Spehar, requesting a change in zone from County A-1 to R-3 on Parcel 1; from County A-1 to C-1 on Parcel '2;-and from County A-1 to R-A on Parcel 3, to establish a 347-space mobile home park on par- cel three only; County A-l-zoned property is generally located at the south- east corner of Imperial Highway and Esperanza Road~, (Imperial-Esperanza Annexation). The City Planning Commission, pursuant to Resolution No. PC69- 207, recommended approval of said reclassification, subject to the fol- lowing conditions: 1~ That the owner of subject property shall deed to the City of Anaheim a strip of land 90 feet in width for the easterly extension of La ~alma Avenue, including 25-foot radius property line returns at the Imperial Highway intersection, for street construction on an, alignment to be established by the City' of Anaheim. 2. That all engineering requirements of the City of Anaheim along La Palma Avenue and Imperial Highway, including preparation of improvement plans and installation of all improvements, such as curbs and gutters, side- walks, street grading and paving, drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accord- ance with standard plans and specifications on file in the office of the City Engineer; that street lighting facilities along La Palma Avenue and Imperial Highway shall be installed as required by the Director of Public Utilities, and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above mentioned requirements. 69-663 City Hall, Anaheim.., California - COUN'CIL MINUTES - November 4,.. 19.69~ 1:.30 P.M. 3. That the owner of subject property shall pay to the City of Ana- heim the sum of 15¢ per front foot along La Palma Avenue and Imperial Highway for tree planting purposes. 4. That a parcel map to record the approved division of subject property be submitted to and approved by the City of Anaheim and then be re- corded in the office of the Orange County Recorder. 5. That the alignment of the west property line, adjacent to Imper- ial Highway, shall be approved by the California Division of Highways~ 6~ That trash, storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 7. That fire hydrants shall be installed as required and determined to be necessary by the Chief of the Fire Departments 8~ That a 6-foot masonry wall shall be constructed along the west, north, and east property lines of Parcel 1; and along the west, north and east property lines of Parcel 2~ 9~ That a 6~foot masonry wail or chainlink fence be constructed along the south property line of Parcels 2 and 3, in accordance with Orange County Flood Control District requirements. 10t That subject property shall be served by underground utilities. lin That drainage of subject property shall be disposed of in a man- ner that is satisfactory with the City Engineer and the Orange County Flood Control District~ 12~ That all air-conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent residential homes~ 13. That any parking area lighting proposed shall be down-lighting a maximum height of 6-feet, which lighting shall be directed away from the property lines to protect the residential integrity of the area, on Parcel 2. 14. Prior to the introduction of an ordinance rezoning subject prop- erty, Condition Nos. 1, 2, 3, 4, and 5, above mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within 180 days frown the date hereof or such further time as the City Council may grant. 15~ That Condition Nos. 6, 7, 8, 9, 10, 11, 12, and 13, above men- tioned, shall be complied with prior to final building and zoning inspections. 16. That the owner of subject property shall pay to the City of Ana- heim the sum of $75~00 per multiple-family unit~ to be used for park and rec- reation purposes, said amount to be paid at the time the building permit is issued~ 17~ That ordinances reclassifying the property shall be adopted as each parcel is ready to comply with conditions pertaining to such parcel, pro- vided, however, that the word :~parcel" shall mean presently existing parcels of record and any parcel or parcels approved by the City Council for a lot split. 18. This reclassification action is subject to annexation of subject property to the City of Anaheim. Pursuant to Resolution No. PC69-208, the City Planning Commission granted said Conditional Use Permit, subject to the following conditions: 1. That this conditional use permit is granted subject to the com-- pletion of Reclassification No. 69-70-18~ 2. That the proposed development shall be in accordance with the requirements of the State Trailer Act, and that plumbing shall be provided in order that the mobile home park will accommodate all trailers and not be restricted to "California approved trailers" only~ 3~ That a 6-foot masonry wall shall be constructed along the north and east property lines, and to the rear of the 20-foot wide, required front landscaped area fronting on La Palma Avenue~ 4.~ That Condition Nos. 2 and 3, above mentioned, shall be complied with prior to final building and zoning inspections. 5. That the owner of subject property shall pay to the City of Ana- heim the sum of $50.00 per mobile home space, to 'be used for park and recrea- tion purposes, said amount to be paid at the time the building permit is issued. 6~ That subject property shall be developed substantially in ac- cordance with plans and specifications on file with the City of Anaheim, marked Exhibit Nos.l, 2, and 3. 69-66~ City ~all~ Anaheim, California - COUNCIL MINUTES - ~pyembeK. 4, !~.6~, I:~0. P..M. Zoning SuperVisor Charles Roberts noted 'the location of the sub- ject property, the 'existing uses and zoning in the immediate area,'and briefed the evidence submitted to and considered by the City Planning Com- mission. He advised that the plans submitted would divide the prOperty into three separate parcels, the western 12-acre portion being designated as a commercial shopping center; to the north, a 16-acre portion proposed for development as a multiple-family residential ¢omplex~ with the eastern 48 acres proposed for a mobile home parko Mr. Roberts further reported that the Orang~ County Planning Com- mi.ssion had been considering plans for a regional park to extend eastward from subject property. The Mayor asked~ i£ the Applicant Or his representative wished to address the City~Council!i.~i/ Mr. Michael T~ Collins, of Kindel and Anderson, 1020 North Broad- way, Santa Ama., representin8 the ~etitioner, advised that the County Plan- ning Commission had, on October 29, 1969, approved the addition to the County Plan of Regional Parks of that park plan which would extend a regional park east from subject property~ that the County~ Stall'had indicated that the acquisition of property for the park would commence no earlier than 1971. In response to question of the Council as to whether the Peti- tioner was satisfied with the recommendations of the City Planning Commis- sion in approving subject applications, Mr~ Collins gave an affirmative reply. Mayor Clark asked if anyone wished to speak in opposition. Mr~ Gordon Cutler, Industrial Representative, Santa Fe Railroad, noted previous objections to other proposals for development of subject property, advising their opposition to subject petition was based on two factors: (1) In the near future the railroad contemplated double-tracking its main line through Santa Ana Canyon, double-tracking already being in- stalled to one-half mile west of Imperial Highway; that to accommodate future growth and to integrate the double track into that existing through the City of Corona additional right-of-way in the Canyon would have to be acquired by the Railroad; that they felt neither the Regional Park nor the development proposed by subject petitions would be proper planning nor ap- propriate adjacent to a mainline railroad~ (2) In the east portion of the City land available for serving industries is fast diminishing,.and in his opinion, property between the Imperial Highway and the CountY line to the east was ideally suited for such development, since it would be between the Santa Ana River or the Riverside Freeway and the railroad' tracks, and the land should be held for industrial developmant~ In response to Councilman Pebley's question, Mr0 Cutler advised that the Santa Fe Railroad had purchased 120 acres adjacent ~o Warner-Lam- bert Pharmaceutical Company, however, the proposed acquisition of another 300 acres had not materialized~ that the railroad had a vested interest in the area~ At the conclusion of the discussion t'he Mayor asked if anyone else had evidence to present° Mr. Collins, in rebuttal, stated that the Developer~appreciated the Santa Fe Railroad's interest in protecting a potentially industrial property, however, pointed out that subject property was under annexation proceedings to the City of Anaheim, and land owners in the Canyon had been and were making the effort to effect annexation to Anaheim, largely because of the City's willingness to provide services to the area. He further noted that the Orange County Planning Commission and the City Planning Commission had made extensive studies of the properties in this area and requested that the petitions be granted as recommended by the City Plan- ning Commission~ 69-665 City Hall~ Anaheim, California - COUNCIL MINUTES - November 4, 1969, 1:30 P.M. The Mayor asked if anyone else wished to address the City Council~ there being no response~ declared the hearing closed. RESOLUTION NO. 69R-621: Councilman Pebley offered Resolution No. 69R-621 for adoption, authorizing preparation of necessary ordinance chansin8 the zone a~ requested~ subject to the recommendations of the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (69-70- 18 - R-A, R-3~ and C-l) Roll Call Vote: AYES: COUN*CILMEN- Dutton, Krein, Schutte, Pebley and Clark NOES. COUNCILMEN: None ABSENT: COUNCILMEN- None The Mayor declared Resolution No. 69R-621 duly passed and adopted. RESOLUTION NO. 69R-622' Councilman Pebley offered ResolutiOn No. 69R-622 for adoption, granting Conditional Use Permit No. 1138, subject to the recommenda- tions of the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1138. Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark HOE S' COUNCILMEN, None ABSENT: COUNCILMEN: None The: Mayor declared Resolution No. 69R-622 duly passed and adopted. DINNER DANCING PLACE PERMIT: Application filed by Frank Sandoval, for dinner danc- ing place permit to allow dancing from 7:00 P.M. to 2:00 A.M. at Mama Chepas Restaurant, 226 North Manchester Avenue, was submitted and granted, subject to provisions of Chapter 4 16 of the Anaheim Municipal Code, as recommended by the Chief of Police, on motion by Councilman Dutton, seconded by Council- man Krein. MOTION CARRIED. REQUEST - CROSSING GUARD PROTECTION: Communication dated October 2, 1969, from Dallis Lauderdale, Principal at Centralia School, was submitted in support of petitions and letters from a citizens group requesting crossing protection for students crossing Western Avenue to attend the School, it being noted that the City of Buena Park provides a crossing guard at Western Avenue and Jackson Way. Also submitted and reviewed was report from the City Engineer, dated Octobe~ 27, 1969, recommending the following. 1. Temporary A.C. walkway be installed on the east side of Western Avenue from Lincoln Avenue northerly to join existing sidewalk southerly of Jackson Avenue. 2. In cooperation and agreement with the City of Buena Park, the crossing guard be relocated from Jackson Avenue to Monroe Avenue. 3. The existing crosswalk at Polk Avenue be removed. The Mayor asked ~whether Mr~ Lauderdale was present and had reviewed the recommendations. 69-666 City Hall~ Anaheim~ California - COUNCIL MINUTES ~ November 4, 1969, 1:30 P.M~ Mr~ Lauderdale stated he approved of the recommendations and ex- pressed appreciation to the City and Staff for their consideration~ RESOLUTION NO. 69R-62~: On report and recommendations of the City Manager and the City Engineer, Councilman Dutton offered Resolution No~ 69R-623 for adoption~ Refer to Resolution Book~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE CITY OF BUENA PARK PERTAINING TO THE LOCATION AND SHARING EX- PENSES OF CROSSING GUARD AT THE INTERSECTION OF WESTERN AVENUE AND MONROE, IN THE CITY OF ANAHEIM~ Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 69R-623 duly passed and adopted. Mrs. Thomas Fortin, 3139 West Monroe Avenue, requested permission to address the Council and inquired as to the possibility of installing a ~'No Right Turn" sign at Western Avenue, for westbound traffic on Lincoln Avenue, in order to protect children attempting to cross Western Avenue. It was pointed out that this proposal would not be feasible as it would inconvenience residents of the homes to the north. Mrs. Fortin was given a copy of the City Engineer's recommendations. In answer to Councilman Dutton's question, City Engineer James P. Maddox advised he would report further at the next meeting on details pertaining to the proposed entrance to Centralia School at the south end of Garfield Circle~ REQUEST - WAIVER OF CODE REQUIREMENTS; Communication dated October 10, 1969, from Thomas Burke was submitted, requesting waiver of the Anaheim Municipal Code, Section 15.50.10, Sub-section 512 (Requirement that air- conditioning equipment be screened from public view; such screening to conform to the architecture of the building) for second-story addition to office building located at 2550 East Miraloma Avenue. Also submitted and reviewed was report from the Building Division, recommending said request be denied~, On the recommendations of the Chief Building Inspector Council- man Pebley moved that requested waiver of Section 15o50.10, Subsection 512 of the Anaheim Municipal Code be denied. Councilman Dutton seconded the motion~ MOTION CARRIED, RECLASSIFICATION NOo 62~63-39 (Conditional Use Permit No~ 931): Communication dated October 8~ 1969~ was submitted from Nicholas P. Barletta, requesting termination of Reclassification No. 62-63-39, inasmuch as a rest home had. been approved for the property under Conditional Use Permit Noo 931. RESOLUTION NO. 69R-624:'. Pursuant to recommendations of the Zoning Division, Councilman Dutton offered Resolution No. 69R-624 for adoption, terminating Reclassification No.. 62-63-39 as requested° Refer to Resolution Book~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH RECLASSIFICATION NOo 62-63-39. (C-l) Roll Call Vote: 69-667 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 4~ 1969~ 1-30 P.M. AYES' COUNCILMEN: Dutton, Krein, Schutte~ Pebley and Clark NOES: COUNCILMEN: None ABSENT' COUNCILMEN: None The Mayor declared Resolution No. 69R-624 duly passed and adopted. RECLASSIFICATION ~NO. 62=63-51 = TERMINAT,ION (RECLASSIFICATION~iNO. 65~66-59(!): Request dated October 14, 1969, was submitted from. William C. O~Rielly, D.D.S., for reactivation action on Reclassification. No. 62-63-51 (R-3 to C-l) approved on property located at the southwest corner of Harbor Boulevard and Santa Ana Street. The Applicant also requested deletions and amendmends to certain con- ditions of said reclassification, and postponement of the second 'reading of Ordinance No~ 2731, rezoning subject property to C-O under Reclassification No. 65-66-59(1). Mr. ROberts briefed the Zoning Division Report dated November 4, 1969. Also submitted and reviewed by the City Council 'was report of the City Engineer, dated October 29, 1969. The City Attorney pointed out that the time limit on conditions of the C-1 zoning under Reclassification No. 62-63-51 had expired in 1963; that in the interim period, in 1966 C-O zoning was approved for frontages on both sides of Harbor Boulevard, under Reclassification No. 65-66~59, and first reading of the ordinance zoning subject parcels C-O had been held October 28, 1969. He further noted that the Petitioner proposed to construct an en- closed restaurant on. the premises and C-O zoning would not permit a restaur- ant without a separate conditional use permit action. Discussion was held by the City Council and the City Attorney and recent events in the area noted, such as the street-widening project for south Harbor Boulevard.. The Mayor asked, if the Applicant or his representative wished to ad- dress the City Council. There was no response. On motion by Councilman Dutton, seconded by Councilman Pebley, re- quest to postpone second reading of Ordinance No. 2731, Reclassification No. 65-66-59(1) and to reactivate Reclassification No. 62-63-51, with amendments, was denied. MOTION CARRIED. RESOLUTION NO. 69R-625: Councilman Dutton offered Resolution No. 69R-625 for adoption, repealing Resolution No. 63R-166 and terminating Reclassffica- tion No. 62-63-51. Refer to Resolution Book.. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH RECLASSIFICATION NO. 62-63-51. Roll Call Vote' AYES: COUNCI'LMEN' Dut. ton, Krein, Schutte, Pebley and Clark NOES: COUlqC ILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 69R-62~ duly passed and adopted~ ORDINANCE NO~ 2731: Councilman Pebley offered Ordinance No. 2731 for adoption. Refer to Ordinance Book'. AN ORDINANCE OF THE CITY' OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING~ (65-66-.59(1) - C=O)~ Roll Call Vote' AYES' COUNCI. LMEN' Dutton, Kr. ein, Schutte~ Febley and Clark NOES. COUN( ILMEN: None ABSENT-~ COUNC ILMEiN: None 69-668 City Hall, Anaheim~ California - COUNCIL MINUTES - November 4, 1969 1:30 P.M. The Mayor declared Ordinance No. 2731 duly passed and adopted. REQUEST - REMOVAL OF PARKING RESTRICTION: Communication dated October 22, 1969, was submitted 'from J.F'~ M{ll=r, ~f-~he Antlers Hotel, requesting removal of "No Parking" restriction between 3:00 A.M. and 6:00 A.M~ on Anaheim Boulevard, to provide over-night, on-street parking for hotel guests. Report of the City Engineer, dated October 27, 1969 was submit- ted~ recommending that the parking restriction remain in effect° City Manager Keith Murdoch, reported that the parking restriction was effected to allow street-sweeping activities in the downtown area, and the practice had been not to enforce the two-hour parking restriction at night on City-owned parking lo'ts in the vicinity° Mr~ Miller, owner of the Antlers Hotel, was present and agreed that the lifting of the "No ParRing" restriction on City-owned lots during the late evening hours would alleviate his tenants' parking problems. At the conclusion of brief discussion between the City Attorney and the City Council it was determined that the request to remove 3:00 A~M. to 6:00 AoMo parking restrictions on Anaheim Boulevard be denied, and the City Attorney was instructed to prepare necessary ordinance for Council consideration imposing two-hour parking limit between the hours of 8:00 A.M~ and 9'00 P~Mo only, for all City parking lotso RECLASSIFICATION NO. 68-69-9g - EXTENSION OF TIME' Request of Mrs~ Venie B. Kne~.p, dated October 9, 1969, was submitted for extension of time to Re- classification No. 68-69-93 for compliance with certain conditions pursuant to Resolution No. 69R-279. Also submitted was report from the Zoning'Divi- sion, recommending six-month extension of time be granted to expire May 20~ 1970. On motion by Councilman Dutton, seconded by Councilman Schutte, six-month extension of time was granted, as recommended~ MOTION CARRIED. PROPOSED AMENDMENT TO TITLE 16 - FIRE ZONES: Development Services Department recommendations relative to updating the City Fire Zones was submitted at the meeting of October 28, 1969, and deferred to this date for further study. Assistant Development Services Director Ronald Thompson called attention to a map posted on the east wall of the Council Chamber, illus- trating the proposed Amendments (copies contained in the Study previously presented to each Councilman.) ORDINANCE NO. 2746. Councilman Dutton offered Ordinance No. 2746 for first reading, amending the Fire Zones as recommended by the Development Services Department. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 16, CHAPTER 16.16 OF THE ANAHEIM MUNICIPAL CODE BY AMENDING SECTIONS 16 16 030 16 16 040 AND 16~16~050 THEREOF~ ' ' ' ' ~ROPOSED AMENDMENT TO TITLE 18' On motion by Councilman Schutte, seconded by Councilman Krein, Public Hearing was scheduled November 18, 1969, at 1:30 P~M~, to consider Amend~ent to Title 18 of the Anaheim Municipal Code, p~rsuant to City Planning Commission Resolution No. PC69-214, deleting ~E×}~bit~on Haiti1," "Theatre and Auditorium,, from C~I and C-2 zones as a permitt~ed use and establishing these activities ~nder Conditional Use Fer~ ~i~ ~equ~rements~ MOTION CARRIED~ 69-669 City Hallz Anaheim~ California - COUNCIL MINUTES - November 4~ ~96_~9 1'30 PoM. RESOLUTION NO. 69R-626 - AWARD OF WORK ~RDE~....NO~ 419: In accordance with recom- mendations of the Cindy Engineer, Councilman Dut~on offered Resolution No. 69R-626 for adoption~ Refer to Resolution Book° 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 TRANSPORTAYION, INCLUDING POWER, FUEL AND WATER, AND PERFORM- ING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IM- PROVEMENT: THE IMPROV'EMENT OF VERMONT AVENUE, FROM APPROXIMATELY 960 FEET EAST OF DAKOTA STREET TO APPROXIMATELY 278 FEET EAST THEREOF, IN THE CITY OF ANAHEIM, WORK ORDER NO. 419. (R.Jo Noble Company - $11,190~15) Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES' COUNCILMEN'. None ABSENT~ COUNCILMEN: None The Mayor declared Resolution No. 69R-626 duly passed and adopted. PUBLIC IMPROVEMENT PROJECTS: Councilman Krein offered Resolution Nos. 69R-627 and 69R-628 for adoption Refer to Resolution Book. RESOLUTION NO 69R-627: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY RE- QUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: STORAGE FACILITY ADDITIONS FOR THE ANAHEIM CONVENTION CENTER, IN THE CITY OF ANAHEIM, WORK ORDER NO. 346. 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 ~ December 11, 1969, 2:00 P.M.) RESOLUTION ~'O~ 69R.-628: 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: OFFICE ADDITIONS FOR IHE ANAHEIM CONVENTION CENTER, IN THE CITY OF ANAHEIM, WORK ORDER NO. 346-1. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUC- TION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICA- TIONS, ETC.; AND AUTHOr!ZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be Opened - December 11~ 1969, 2:00 P.M.) Roil Coil Vote' AYES~ COUNCILMEN. Dutton, Kretn, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABS~ST COUNCILMEN: None The Mayor d~.clared Resolution Nos. 69R-627 and 69R-628, duly passed and adopt ed DEEDS OF EASEMENT Councilman Schut~e offered Resolution Nos. 69R-629 to 69R-633, both inclusive, for adoption. Refer Uo Resolution Book. RESOLUTION NO. 69R-629- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN' EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (American Can Company) 69-670 ~~ Anah¢i~ California - COUNCIL MINUTES .... November 4,_196.__~_1:30 P~M. RESOLUTION NO~ 69R-630- A RESOLU~rION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR WATER METER, WATER VAULT AND WATER LINE P'URPOSES~ (Eunice Williams) RESOLUTION NO. 69R-631: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN' REAL PROPERTY FOR AN EASEMENT FOR SEWER LINE AND TEMPORARY CON- STRUCTION PURPOSES, (Louis A. and Frances Cannon) RESOLUTION NO. 69R~632: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Placentia Unified School District of Orange County) RESOLUTION NO~ 69R-633' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN' REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC 'UTILITY PURPOSES (Werner A~ and Jean Oo Franz) ' Roll Call Vote- AYES; COUNCILMEN- Dutton, Krein, Schutte, Pebley and Clark NOES~ COUNCILMEN: None ABSENT: COUiNCILMEN: None The Mayor declared Resolution Nos. 69R-629 to 69R-633, both in- clusive, duly passed and adopted. PROPOSED ABANDONMENTS: Councilman Pebley offered Resolution Nos. 69R-634 and 69R~635 for adoption. Refer to Resolution Book. RESOLUTION NO~ 69R.-634: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON AN EASEMENT FOR PUBLIC UTILITY PURPOSES OVER, UNDER AND ACROSS THE HEREINAFTER DESCRIBED REAL PROPERTY; FIXING A TIME AND PLACE FOR A PUBLIC HEARING THEREON; DI- RECTING THE POSTING OF NOTICES THEREOF AND THE PUBLICATION OF THIS RESO- LUTION~ (69-17A - Public Hearing, November 25, 1969, 1:30 P~M. North of Cerritos Avenue, west of Lewis Street.) RESOLUTION NO~ 69R-635: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON THAT PORTION OF AN EXISTING ROADWAY AND EASEMENT FOR ROADWAY PURPOSES UPON, OVER, ACROSS AND ALONG THE HEREINAFTER DESCRIBED REAL PROPERTY; RESERVING AN EASEMENT FOR PUBLIC UTIL%TY PURPOSES OVER, UNDER AND ACROSS A PORTION OF SAID PROPERTY; FIXING A TIME ~ND PLACE FOR A HEARING THEREON; AND DIRECTING THE POSTING OF NOTICES THEREOF AND THE PUBLICATION' OF THIS RESOLUTION. (69-15A - Pub- lic Hearing, November 25, 1969, 1'30 P~M~ North of Lincoln Avenue, east and west of Barbara Way~ adjacent to Tract No. 6820°) Roll Call Vote: AYES° COUNCILMEN,, Dutton, Krein, Sch'utte, Pebley and Clark N'OES' COUNCILMEN. None ABSENT; COUNCILMEN. None The Mayor dec]ar'ed Resolution Nos.. 69R-634 and 69R-635 duly pas~ed and adopted. A__~QUISITiON OF SOUTHERN CALI. FORNIA EDISO~ COMPAN'Y FACILITIES. M'ro Murdoch re- [orted on proposed acquisition of Sour'bern Ca, li. fornia Edison Company facili- t [es under Co nd emn ~ t, ion No 5~ d ~ a-v~s~.ng that. the cost of the initial i.n- ventor:y of the fa.c~l~tl~s and detailed valua, t~ion was to 'be shared equally by t'~ City of Anaheim ~5,~d the Southern California Edi. son Company, and he recommended that of t.'he City's ghar:e ir~ the amount of S6 500 O0 69-671 City Hall, Anaheim, California - COUNCIL MINUTES - Novembey 4~ 1969~ 1:.30 P.M. On motion by Councilman Dutton, seconded by Councilman Krein, pay- ment of $6,500.00, one-half the cost of the inventory of Edison Company fa- cilities was authorized, as recommended by the City Manager. MOTION CARRIED. PURCHASE OF EQUIPMENT: The City Manager reported on the recommended purchase of one 32-foot Aerial Device and Service Truck Body for the Electrical Division, and advised that the only bid received was that of Pitman Manufacturing Com- pany, of City of Industry, California, in the amount of $12,128.55, including tax. He thereupon recommended the purchase be authorized. On motion by Councilman Pebley, seconded by Councilman Schutte, pur- chase of said equipment was authorized from Pitman Manufacturing Company, in the amount of $12,128.55, including tax~ MOTION CARRIED. PURCHASE OF EQUIPMENT: Mr. Murdoch reported on the purchase of 10 Motorcycles for the Police Department, and recommended the bid of Harley-Davidson Motors~ Santa Ana, in the amount of $22,218.37, including tax, be authorized. On motion by Councilman Dutton, seconded by Councilman Krein, pur- chase of said equipment from Harley-Davidson Motors was authorized in the amount of $22,218.37, including tax. MOTION CARRIED. EQUIPMENT RENTAL. On report and recommendation of the City Manager, Councilman Krein moved that payment to Harris Conveyor and Rentals, in the amount of $3,156.50 be authorized for rental of conveyor used at Walnut Canyon Reser- voir. Councilman Dutton seconded the motion. MOTION CARRIED. CLAIMS AGAINST THE CITY' The following claims were denied, as recommended by the City Attorney, and ordered referred to the insurance agent on motion by Cour~- cilman Dutton, seconded by Councilman Krein. a. Claim submitted by A1Giloff, for personal property damages pur- portedly sustained due to condition of a public roadway on or about October 2, 1969. b. Claim submitted by Jesse E. Boyd, for personal injury damages purportedly occurring on City property on or about October 3, 1969. MOTION CARRIED. RESOLUTION NO. 69R-636: Councilman Clark offered Resolution No. 69R-636 for adop- tion, Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE SUB- MISSION OF A REQUEST TO THE PUBLIC UTILITIES COMMISSION FOR FUNDS FROM THE CROSSING PROTECTION FUND FOR PROTECTION OF CROSSING NO. BAA-509.0 AT THE INTERSECTION OF SOUTHERN PACIFIC RAILROAD AND BROADWAY. Roll Call Vote- AYES- COUNCILMEN- Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILbiEN: None ABSENT' COUNCILMEN' None The Mayor declared Resolution No. 69R-636 duly passed and adopted. RESOLUTION NO~ 69R-637- Councilman Pebley offered Resolution No. 69R-637 for adoption~ Refer to Resolution Book. 69-672 ~ity Hall~ Anaheim,. California - COUNCIL MINUTES - ~ovember 4~, 1969, 1o30 PoM~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE BETWEEN' THE CITY OF ANAHEIM AND THE SOUTHERN PACIFIC COMPANY AND A MUTUAL TERMINATION THEREOF. (Parking of City-Owned Vehicles, Ellsworth Avenue.) Roll Call Vote. AYES. COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN- None ABSENT. COUNCILMEN: None The Mayor declared Resolution No. 69R-657 duly passed and adopted. CORRESPONDENCE. The following correspondence was ordered received and filed on motion by Councilman Dutton, seconded by Councilman Krein: a, County Clerk of the Board of Supervisors of Orange County - Notice of Hearing on Retention or Dissolution of Orange County Harbor Dis- trict o b. County Clerk of the Board of Supervisors of Orange County - Resolution No. 69-1088 ~ Supporting the request of the City of Anaheim in the desire for Route 91 to be designated as a Scenic Highway for the por- tion in the unincorporated area of Orange County~ c. City of Stanton - Resolution No. 866 - Relating to the Orange County Master Plan of Regional Parks. Financial and Operating Reports for the Month of September 1969~ , e~ Minutes - Anaheim Public Library Board - September 15, 1969~ MOTION CARRIED. ORDINANCE NO. 2745- Councilman Schutte offered Ordinance No. 2745 for adoption. Refer to Ordinance Book~ AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING~ (68-69-37(6) - M-l) Roll Call Vote. AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN. None The Mayor declared Ordinance No. 2745 duly passed and adopted. ORDINANCE NO. 2747- Councilman Krein offered Ordinance No. 2747 for first read- ing~ AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, SECTION 14.32.190 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PARKING. (Harbor Blvd., on tb.e east side of Katella Avenue to 650 feet south of Katella Avenue.) ORDINANCE NO. 2748: Councilman Krein offered Ordinance No. 2748 for first read- ing. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-1 - R-2-, 5,000 - Tract No. 4241) ORDINANCE NO. 2749. Councilman Dutton offered Ordinance No. 2749 for first read- ing. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-46 ~ R-2-5,000 - Tract No. 4241[) 69-673 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 4~ 1969, 1:30 P.M. ORDINANCE NOo 2750: Councilman Clark offered Ordinance No. 2750 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (61~62-69(35) - M-l) PROPOSED AMENDMENT TO ANAHEIM MUNICIPAL,CODE - SECTION lc05o070: The City Manager reported on proposed amendment to Section 1.05o070 of the Anaheim Municipal Code relating to political activities of employees of the City of Anaheim, advising that review of said Code Section had been requested by the Inter- national Brotherhood of Electrical Workers (IBEW), to insure conformance with State law~ Discussion 'was held pertaining to Section 2-E of the proposed dinance, and Mr~ Murdoch was of the opinion the wording was too broad, that the intent was that employees should not publ. icly campaign for Council can- didates in municipal elections, however election issues, s~ch as Charter amendments, bond issues, etco, would be permissible° The Mayor asked if any representative of the City employees organ£- zations wished to address the City Council~ Mr. John Sawyer, Attorney and General Manager of the Orange County Employees Association, appearing on behalf of the Anaheim Municipal Employees Association, (AMEA) briefed his comments printed on the proposed ordinance dated November 4, 1969, (~opies furnished each Councilman.) He advised that they had no objection to Section 1-A through D; however, Subsection E, as written, 'was unduly broad, and he noted that a similar provision of the California State Code~ Section 3205, had been declared unconstitutional by the State Court. Mr~ Sawyer further advised that the AMEA felt Sections 2-A and 2-E were also unduly restrictive on the rights of City employees° Further, that Subsection 2-F (5) was too narrowly drawn, and in essence would prevent a City' employee from soliciting or receiving political contributions for the purposes outlined in this Subsection, whereas the California Code Section 3206 specifically permits solicitation or receiving of political contribu- tions for this purpose; that Subsection 2-F (6) refers back to Section 2-E, and therefore also becomes unduly broad and restrictive. In conclusion, it was the AMEA recommendation that the aforementioned sections be reviewed, and that. Sections l-E, 2-A and 2-E be deleted, and 2-F (5) and (6) be amended as recommended in their comments~ Mrs, Dallas Lore, Business Representative, IBEW Local No. 47, ad- dressed the City Council advising they agree with the objections voiced by Mr. Sa~5, er, and in their opinion, an employee, on his own time, should have the right to participate in campaigns, as provided under the Constitution of the State of California~ Mr. James A. Bush, President of the Anaheim Police Association, ad- vised that the Association concurred with the recommendations and comments of the AMEA. Mr. Boyd Eo Van Wyckhouse, of the Firemen's Protective League, stated that their Association also concurred with the comments of the AMEA. With reference to the legal points presented by Mr~ Sawyer, the City Attorney stated that his office did not agree. That the proposed ordinance attempts to eliminate politics in the selection of City employees through, the City Manager-City Council form of government, so that the Councilmen have no authority, as politicians, to interfere with the selection and dismissal of employees. Political pressure would be exerted on the Council members if an employee campaigned for or against a candidate for Council, who, in turn, selects and appoints the City Manager~ 69-674 City Hall, Anaheim, California - COUNCIL MINUTES - November 4, 1969, 1:30 P.M. Assistant C~ty Attorney Alan Watts reported that for the most part, the wording incorporated in the proposed ordinance was taken di- rectly from the State Government Code~ that the difference in Section 1-£ as compared to State Code Section 3205 was the up-dating of this section to clarify the types of election campaigns in which City employees and the City Council would be involved~ In his opinion, the proposed ordinance, as written would be ruled constitutional, and has been narrowed down from the broader existing ordinance~ Mr. A1 Coughlin, representing IBEW, addressed the Council advis- ing that their attorney was of the opinion that the proposed ordinance as written was not constitutional° He urged that attorneys and representatives of the various employee organizations discuss the issue with the City Attor- ney prior to Council action~ It was determined by the City Council that no action be taken at this time, pending further discussions between employee organization repre- sentatives and the City Attorney's offices ALCOHOLIC BEVERAGE LICENSE APPLICATION: Application submitted by EUgene O. Gates, for New' On-Sale Beer License, at the Cozy Corner, 300 East Lincoln Avenue, was presented by the City Manager to the City Council for their in- formation~ On motion by Councilman Pebley, seconded by Councilman Schutte, the City Attorney was authorized to file conditional protest with the Alco- holic Beverage Control Board against said application, if it was found that the premises were located within 600 feet of either of the two churches in the immediate vicinity° MOTION CARRIED° RECESS' Councilman Krein moved for a 15-minute Recess~ Councilman Dutton second- ed the motion. MOTION CARRIED~ (3'30 P~M.) AFTER RECESS~ Mayor Clark called the meeting to order~ all members of the City Council being presents SALARY PROPOSAL - IBEW: Pursuant to request of the IBEW, Local Union Noo 47, dated October 28, 1969, Mr~ A~J. Coughlin, Business Manager of Local Union No. 47, addressed the Council introducing their Negotiating Committee, and advising that there were items remaining under dispute with regard to sal- ary negotiations: Inasmuch as the Union membership had not ratified the City's proposal, for wage and salary increases on October 23, 1969, the em- ployees had lost the pay increase that was effective as of October 10; fur- ther, the corm~ittee had not reached an agreement with the City relative to the proposed new classification of Troubleman. Additional points noted were that the comittee felt both the proposed 7-1/2% increase, and the doubletime provisions were inadequate~ Regarding the proposed one-man ~Troubleman" classification, Mr. Coughlin noted that Anaheim has always had a two-man trouble service crew operation~ that the linemen felt there should be two men present when work- ing around primar~ and secondary lines or when climbing poles, and that this time honored safety practice should be adhered to~ That although the City had surveyed the industry, finding many companies with the one-man trouble shooter, the Union membership felt there should be a second man present when anyone climbs a poleo That they further felt they should be entitled to at least the minimum wage increase granted other employees for the interim period between October 10 and the time the salary proposal is accepted by their membership~ In response to Councilman Dutton's question concerning the Trouble- man calling for assistance if he feels the situation warrants it, Mr. Cough- lin noted the difficulties in calling and waiting for a second man when the Troubleman is out in the field faced with a concerned customer and a service problem° He called attention to the hazards of working on the electrical lines, and felt the pressure of the situation would force the Troubleman to violate safety rules and thereupon requested that there be a man on standby to help the Troubleman~ 69-67.5 Ci___ty llall~ Anaheimm Califor.nia - COU'NCI_____L MINUTES - November 4, 1969 1~30 P.Mo Director of Public Utilities Gordon Hoyt stated that one man climb- lng a pole was not necessarily' considered an extraordinarily hazardous duty per se, and safety was kept foremost on the job, which includes an annual physical examination for employees. He briefly described the procedure for two men working with high voltage wires~ Mr. Hoyt reported on the log of one month's trouble calls advising that of the 80 calls, 42 could have been handled by one Troubleman, 31 could have been handled by anyone, and only 7 required additional assistance. It was his opinion that the proposed Troubleman opera- tion should be initiated and tried for at least one year~ In answer to Coumc. il questioning, Mr. Hoyt further advised that out of 80 "trouble' calls received during a typical month., less than one-half in- volved climbing a pole; that the proposed system o£ handling trouble calls would result in a savings of approximately $20~000.00 to $30,000.00 to the City in a year's time. Further, the method of handling "trouble" calls, as proposed by the City, would provide calling out an off-duty lineman for assist- ance, where a second man was needed. That out of the 30 utilities surveyed, 24 have the one-man Troubleman and felt it did not constitute a hazardous job. City' Manager Keith Murdoch briefed meetings held with the IBEW gotiating Committee, and noted tlhat standby pay would be eliminated under the Troubleman operation, which was the type of operation successfully used in a very large segment of the industry It would mean. less take-home pay for a few~ Mr. Murdoch advised that he did not know why this issue was a part of the negotiations as this was a responsibility of management and the legis- lative body. It is an assignment of duties that. can be accomplished with reasonable safety and will result in a substantial saving to the City. Mr. Coughlin advised that they had no quarrel with the loss of stand- by pay, but did not wish to see historical safety practices discarded. Councilman Dutton noted that as proposed, the Troubleman could call for help where needed, and he felt this was a matter falling within the realm of management; that the one-man operation should be given a trial~ EXECUTIVE SESSION: Councilman Dutton moved to recess to Executive Session. Coun- cilman Krein seconded the motion. MOTION CARRIED. (4'50 P.M.). AFTER RECESS: Mayor Clark called the meeting to order all members of the City Council being present. ' Mr Murdoch reported that if it would settle ~e impasse, the City would be wil{ing to carry one lineman on standby in the evening hours so that he could be called out to assist the Troubleman if the Troubleman felt that he needed help; if he feels he needs help in climbing a pole the second man is then available. ' , He further recommended that a formula be established whereby there would be 8n increase in pay for a period of approximately 7 weeks to recover the amount: of money lost from the effective date of the salary increase; the pay then to be reduced back to the 7-1/2% as originally recommended. Mr. Coughlin and the negotiating committee retired from the Council Chambers to consider the offer made. On thei. r r0turn, Mr. A.J. Coughlin addressed the City Council rela- tive to the offer made, and stated that they would recommend to their IBEW members that the City's proposal be accepted, providing for one man on stand- by during the evening hours to assist the Troubleman, and providing for a formula whereby the salaries lost since October 10, 1969, could be recovered over a period of several weeks. He thereupon thanked the City Council and the Staff for their consideration. 69-676 City Hall, Anaheim~ California- COUNCIL MINUTES - November 47 19697 1'50 P,M. O~ motion by Councilman Krein~ seconded by Councilman Pebley, the City Manager's plan as presented was adopted, to wit: That the City cart? one lineman on standby in the evening hours available to be called to assist the Troubleman; and that recovery of the pay increase lost during the two weeks while further negotiations were conducted be paid by means of an ad= ditional pay increase for whatever period necessary, then reduction back to 7-1/2%. MOTION CARRIED~ RESOLUTION NO~ 69R-638~ On the recommendations of the City Manager, Councilma~ Krein offered Resolution No~ 69R-638 for adoption~ Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM WITHDRAWING TENTA- TIVE CONSENT AND EXPRESSING OBJECTION TO PLACENTIA~S ANNEXA%ION NO 69~2. Roll Call Vote. AYES' COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN' None ABSENT: COUNCILMEN: None The Mayor declared Resolution No~ 69R-638 duly passed and adopted. ORANGE COUNTY FLOOD CONTROL PERMIT: On report and recommendations of the City Attorney, Councilman Dutton moved that the Director of Public Works be au- thorized to sign on behalf of the City, Orange County Flood Control Permit to allow the City to install and maintain high voltage public utility line across Flood Control District property in the vicinity of the Riverside Freeway and the Santa Ana River, at the extension of Kinney Drive. Coun- cilman Krein seconded the motion~ MOTION CARRIED. DOWNTOWN MERCHANTS ASSOCIATION - PETITION- The City Clerk read petition file~ this date, signed by members of the Downtown Merchants Association, ex- pressing strong opposition to the merchandise offered for sale by so-called ~Adult" book stores. Councilman Schutte moved that said petition be referred to the City Attorney for appropriate action. Councilman Krein seconded the motion. MOTION CARRIED. PROPOSED ORDINANCE - '~ADULT" BOOK STORES: The City Attorney was requested to investigate proposed regulations for licensing of "Adult'~ business opera- tions~ together with ordinance recently passed by the City of Buena Park regulating book stores~ RESOLUTION NOo 69R-639' Councilman Pebley offered Resolution No~ 69R-639 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN FIVE (5) YEARS OLD~ (Police Department Records.) Roll Call Vote~ AYES' COUNCILMEN' Dutton, Krein, Scbutte, Pebley and Clark NO~S. COUNCILMEN: None ABSENT' COUNCILMEN: None The Mayor declared Resolution No. 69R-639 duly passed and adopted. RESOLUTION NO~ 69R-6h0' Councilman ~tt. on of:-~ered Resolution No. 69R-640 for adoption. Refer t.o Resolution Book. 69-677 City Hall~ An.~heim, California - COUNCIL MINUTES - November 4, 1969,..1'30 P.M. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AND APPROVING THE EXECUTION OF A JOINT USE AGREEMENT FOR THE RELOCATION OF EDISON COMPANY FACILITIES IN CONNECTION WITH THE IMPROVEMENT OF TUSTIN AVENUE FROM MIRALOMA AVENUE TO LA PALMA AVENUE. Roll Call Vote' AYES' COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN' None ABSENT' COUNCILMEN' None The Mayor declared Resolution Noo 69R-640 duly passed and adopted° RESOLUTION NO. 69R-641' Councilman Krein offered Resolution No~ 69R-641 for adop- tion. Refer to Resolution Book° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AND APPROVING THE EXECUTION OF A JOINT USE AGREEMENT FOR THE RELOCATION OF EDISON COMPANY FACILITIES IN CONNECTION WITH THE IMPROVEMENT OF NOHL RANCH ROAD, FROM SANTA ANA CANYON TO LA PAZ STREET. Roll Call Vote: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES' COUNCILMEN: None AB SENT: COUNCILMEN: None The Mayor declared Resolution No~ 69R-641 duly passed and adopted. PUBLIC DANCE PERMIT: Application filed by Lewis R. Olivos, Jr., for permit to con- duct public dance November 9, 1969, at Carpenters' Hall, 608 West Vermont Ave- nue, was submitted and granted subject to provisions of Chapter 4.16 of the Anaheim Municipal Code, as recommended by the Chief of Police, provided that there be 4 Anaheim Police Officers and 1 Matron hired to police said dance, on motion, by Councilman Dutton, seconded by Councilman Schutte. MOTION CARRIED. RESIGNATION o CULTURAL ARTS COMMISSION: On motion by Councilman Dutton, seconded by Councilman Pebley, resignation of Dan Rowland from the Cultural Arts Com- mission was accepted with regrets. MOTION CARRIED. ADJOURNMENT' Councilman Pebley moved to adjourn to November 5, 1969, 11:00 A~M., and also moved waiver of further notice of said adjournment. Councilman Schutte seconded the motion~ MOTION CARRIED° ADJOURNED: 5:40 P.M~ City Clerk City Hall~ Anaheim, California - COUNCIL MINUTES - November 5~ 1969~ 11'00 A.M. The City Council of the City of Anaheim met in Adjourned Regular Session. PRESENT~ COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark ABSENT~ COUNCILMEN: None PRESENT: CITY MA~AGER~ Keith A. Murdoch CITY ATTORNEY: Joseph B~ Geisler CITY CL~RK: Dene M. Williams DIRECTOr. OF PUBLIC UTILITIES: Gordon Hoyt P£RSON~EL DIRECTOR: Roy Heissner