1970/11/1770-627
City Hall, Anaheim, California - COUNCIL MINUTES - November 17, 1970, 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCILMEN: Clark, Stephenson, Thom and Pebley
COUNCILMEN: Dutton
CITY MANAGER: Keith A. Murdoch
CITY ATTORNEY: Joseph B. Ceisler
CITY CLERK: Dene' M. Williams
CITY ENGINEER: James P. Naddox
ASSISTANT DIRECTOR OF DEVBLOPMENT SERVICES: Ronald Thompson
ZONING SUPERVISOR: Charles Roberts
ASSOCIATE PLANNER: I)onMcDaniel
Mayor Pro Tem Pebley called the meeting to order.
INVOCATION: Reverend John D. Robinson, of the East Anaheim Methodist Church,
gave the Invocation.
FLAG SALUTE: Councilman Mark A. Stephenson led the Assembly in the Pledge
of Allegiance to the Flag.
PROCLAMATION: The following Proclamation was issued by Mayor Dutton and
unanimously approved by the City Council:
"Bible Week" - November 22 through November 29, 1970.
WAIVER OF RF~ING - ORDINANCES ~ RESOLUTIONS: Councilman Stephenson 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 Councilmen, unless after read-
ing of the title, specific request is made by a Councilmen for the reading of
such ordinance or resolution. Councilman Clark seconded the motion. MOTION
UNANIMOUSLY CARRIED.
REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the
amount of $411,494.58, in accordance with the 1970-71 Budget, were approved.
ADULT-ONLY ENTERPRISES: Mayor Pro Tem Pebley expressed admiration for the efforts
of some Anaheim youths in attempting to effect the discontinuance of an adult-
only book store, presently located on Lincoln Avenue in downtown Anaheim, and
requested the City Attorney to'clarify the legal position of the book store.
Councilman Stephenson stated that, in his former capacity as Police
Chief, several efforts had been'made to outlaw the book store in question and
other such enterprises, but in each instance rulings by the United States
Supreme Court had to be upheld by the California Courts, and their efforts
were unsuccessful. He assured the audience that if it had been legally pos-
sible for the City Council to outlaw such activities it would have been done
long ago.
City Attorney Joseph B. Geisler advised that there have been no
adult-only book stores in the. City of Anaheim since the Council passed an
ordinance requiring a conditional use permit for any adult-only type acti-
vity; however, prior to adoption of that ordinance two such book stores had
started operating under the uses permitted by zoning, and because of the
United States Supreme Court rulings pertaining to censorship of the freedom
of the press and freedom of speech, it was impossible to put them out of
business. He advised it was possible that the efforts of the young people
in carrying on a picket line could accomplish what the City Council cannot -
put the book store out of business - since if nobody bought the books it
would become economically infeasible to continue to operate the store, and
adults might be reluctant to patronize the store while young people were
picketing.
In answer to Councilman Clark; the City Attorney advised that as
long as the store remained in existence in the same location the City could
not stop a subsequent purchaser of the property from carrying on the same
type of activity, since zoning rights run with the Sand.
70-628
gall.' ~j_aheSm. CalifornSa- CQut~CIL MI~IYI~S- Novenber 17, 1970, 1:30 P.M,
Councilamn Pebley suggested that, since the Council was power-
less in this situation, it would be more effective if organizations and
individual citizens contacted State Legislators, rather than the Coun-
cil, in their efforts to discontinue the sale of what they considered
obscene or pornographic material.
Mr. GeiSler advised that, although Couv~ilman Pebley's sug-
gestion was a proper one, the re$ional ruling had been a Constitutional
interpretation by the United States Supreme Court;~and also that the
State of California Supreme Court, as he recalled, had unanimously de-
clared nudity, no matter how displayed, could not be termed pornographic,
and thus circulation of such photographs could not be restricted.
He sUggested, that, since the California Supreme Court had ba-
sically stricken down the Constitutional provisionwhich would have given
cities of California home rule, it would be helpful if citizens urged
their Legislators to reestablish home ruleo It would also be helpful
if the feelings of the people came to the attention of the jurists, as
it might influence some. of their decisions.
Councilman Clark suggested that, since the proprietor of the
book store now bein$ picketed could not legally move his operation to
another location, public-spirited people might desire to pool resources
to purchase the establishment.
Councilman Stephenson stated .that, at the urging of the Cali-
fornia State Peace Officers Association, he had taken copies of what he
deemed obscene materials sold at these establishments to the Legislature
two years ago, in an effort to get passage of an Anti-Obscenity Bill;
however, the Legislators failed to pass the bill. He also urged citizens
to send their letters and petitions to the Legislators, urging action on
their part to get rid of these adult-only establislUnents.
Mayor Pro Tam Pebley asked if anyone wished to address the
Council.
Wesley A. Smart, 1124 Locust Street, father of Tim Smart, in-
stigator of the adult book store picketing, asked if it would be possible
for the City Council to get the recently-elected Legislators to attend
a Council meeting where the citizens could express their desires to them.
Councilman Stephenson replied that it would be virtually im-
possible; that the only thins of that order that could be done. would be
for the citizens to go to the Legislature, in a body, to be heard.
In answer to Mr. Smart, Councilman Clark reiterated that the
present adult-only establishments had come into being as regular book
stores, or were permitted under zoning ordinances, and since there was
no. law against the sale of so-called pornographic material, there was no
way to prohibit these establishments from selling this material; however,
since the adoption of the ordinance requiring a conditional use permit
for all adult-only entertainment, or establishments, no additional such
stores had come into being, and the Council did not intend to allow any.
Mr. Smart advised that his son had walked into the book store
now being picketed, and all the material he considered obscene was on
display for anyone to see; that a clerk had offered to help him until
his son told him he was there to object to the activities and was only
15 years old, whereupon he was asked to leave the store..
On motion by Councilman Clark, seconded by Councilman Stephen-
son, preparation of a ResOlution was authorized, to be si~ned by all mem-
bers of the Council, and sent to the Governor, all State Legislators,
California RepresentativeS, United States Supreme Court Justices, and all
70-629
City ~11, Av~_h~im, California- COU~CIL Ml~S- November 17, 1970, !;30 p.M.
Orange County cities, unequivocally stating the position of the City Council
and seeking support .in legislative areas on action against the sale of por-
nographic materials. MOTION CARRIED.
At the suggestion of Mr. Murdoch and Councilman Pebley, Mr. Smart
was advised that petitions and any additional letters they could instigate
should be sent to the Governor. Further, the City Clerk was directed to
forward complaints received by the City to the Governor with the authorized
Resolution.
PUBbIC:HF2~ING'- W'gED ABA~gl~Iff.: Public hearing was held to receive any objec-
tions to the proposed removal of weeds, pursuant to Resolution No. 70R-508,
duly published in the Anaheim Bulletin and notices thereof posted in accord-
ance with law.
Mayor Pro Tem Pebley asked if anyone wished to address the City
Council; there being no response, declared the hearing closed.
RESOLUTION NO. 70R-552: Councilman Thom offered Resolution No. 70R-552 for
adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF TH~ CITY OF ANAHEIM FINDING ~ DETER-
MINING THAT NO OBJECTIONS WERE MADE TO THE PROPOSED CUTTING AND RE~0VAL OF
RANK GROWTH AND WEEDS AND REb~VAL OF RUBBISH, REFUSE AND DIRT UPON ANY PAR-
CEL OR PARCELS OF REAL PROPERTY OR ANY PUBLIC STREET IN THE CITY OF ANAHEIM;
AND ORDERING THE FIRE CHIEF TO CUT AND REMOVE SAID RUBBISH, REFUSE AND DIRT,
AND CHARGE THE COST OF SUCH CUTTING AND REMOVAL TO THE LOTS, PARCELS OR
STREETS CLEAHED.
Roll Call Vote:
AYES: COUNCILMEN:
NOES: C OUNC I LMEN:
ABSENT: COUNCILMEN:
Clark, Stephenson, Thom and Pebley
None
Dutton
The Mayor Pro Tem declared Resolution No. 70R-552 duly passed
and adopted.
PUBLIC MF~RING,- GENERAL PLAN AM~NDMENT NO, 122: Proposing increases tn the
residential densities in an area bounded on the west by Imperial Highway,
on the north by Esperanza Road, on the east by Eucalyptus Drive, and on
the south by Santa Ana Canyon Road.
The City Planning Co~nission, pursuant to Resolution No. PC70-185,
reaffirmed its position that the Santa Aha Canyon area should develop as a
low-density, residential commmity, and reco.w, ended Exhibit "C' of General
Plan Amendment No. 122 be approved as amended.
The City Clerk submitted correspondence from Howard L. Budlong,
requesting the area between Santa Aha Canyon Road and the new Riverside Free-
way be zoned R-2-5,000.
Associate Planner Don McDaniel, noted that the subject General
Plan Amendment had been prepared at the request of the City Council because
of recent pressures for increased densities in the Santa Aha Canyon.
With the aid of area maps, Hr. HcDaniel outlined the following
four alternative considerations the City Planning Commission had given the
area:
Exhibit "~' - Designating the entire study area low-density
residential.
Exhibit "B"- Designating the entire study area low-medium-density
residential.
70-630 . ,~
City Rail, .Angel_m, Galliots..ia - CO~CIL M!lql~l~$ - ..Nov~er 17,. 1970, 1:30,
Exhibit "C" - ~signating the area south of the Riverside Free-
way low-density and the area north of the Free-
way low-medium density.
Exhibit "D" - D~picted the flood plain area as delineated by
the Army Corps of Engineers in their letter as
the area subject.to flood hazard in a flood.
(300-year flood),
Mr. HcDaniel advised the City Planning Co~mission's recon~nen-
dation was that the entire area remain low-density.
In answer to Councilman Stephenson, Mr. MCDaniel stated that
the Corps of Engineers recon~ended no housing in virtually the entire
Santa Ann Canyon area.
In answer to Councilman Stephenson, the City Manager advised
that prior to the Corps of Engineers restudy, the Orange County Flood
Control District issued letters stating it was safe to build houses in
the Canyon; however, there would not be another flood hazard letter from
them until the Corps of Engineers reevaluates and completes its study,
which was estimated to be January or February of 1971.
Councilman Stephenson stated he would be in favor of deferring
discussion and action on the subject until another letter as to safety
of the area is received.
Assistant Director of Development Services, Mr. Ronald Thomp-
son, reported that both the Army Corps of Engineers and the Orange County
Flood Control District were of the opinion that the existing channels
would be capable of handling a lO0-year flood. One of the reasons for
the proposed general plan amendment was to apprise the property'owners,
citizens in the area and developers of the City's thinking in terms of
land use so that their properties can be either sold or developed.
Mr. Murdoch reminded the Council their previous decision,
at the time the Army Corps of Engineers made their presentation ,was to
allow those who already had approval of zoning to continue construction,
and, although there was nothing urgent to require a decision at this
time, several developments are about ready to file again for a decision,
specifically that area between the Santa Ana River and Esperanza Road,
and north of the Santa Ana River where the City Council had recommended
to the Orange County Planning Commission that, in the event the area was
not used for park purposes, it would be suitable for R-2-5,000 zoning.
Mr. Ronald Thompson advised the Orange County Planning Commis-
sion was desirous of knowing what the City Council's policy and density
will be, since there also are several applications pending before that
Commission for the south side of the River. One application is for R-S-
4,000, and the petitioners indicated they would build mobile home parks
on the property if they could obtain a conditional use permit.
In answer to Mr. t~rdoch, Mr. McDaniel advised that the green
areas shown on Exhibits "C" and "~' indicated a regional park concept
that the County was considering and has since abandoned due to lack of
funds; however, it was his understanding the Yorba Regional Park is still
designated on the County's Master Plan.
Mayor Pro Tem Pebley asked if anyone wished to address the
Council.
Hrs. Ree Burnap, First Vice-President of the League of Women
Voters of Anaheim-Garden Grove, stated their organization supported pre-
servation of open space under a County Planning Stud7 which included the
Santa Aaa River, and therefore requested the item under consideration,
and the following Agenda item, (Reclassification No. 70-71-13 and Con-
ditional Use Permit No. 1202), be deferred until such time as the re-
ports of the Corps of Engineers and the Santa Ana River Study Committee
are received.
70-631
City }{all, ..A~ahe~m, California- COUNCIL MINUTES - November 1,7, 1970,~ 1;30 P.M.
Phil JouJon-Roche, 21527 Hohler Place, representing the Santa Ana
Canyon Property Owners Association, Santa Asa Canyon Improvement Association,
Nohl Ranch Ho~ovners Association, and Peralta Homeo~mers AssociatiOn, advised
these organizations are in complete agreement ~rith the City Planning Con~nis-
sion reeo=mendation of low-density for the Canyon area, and requested the
General Plan low-density designations of R-l, (7,200-square foot lots), up to
R-E, (1-acre lots), be maintained as the only zoning allowed.
Nr. JouJon-Roche recited several paragraphs of Resolution ~o. 70R-
283, declaring ~he intent to maintainlo~densities in the Santa Asa Canyon
and Peralta Hills areas, and stated that that resolution also represented the
position of the organizations he vas representing.
Councilman Stephenson moved to continue the Public Hearing on Gen-
eral Plan Amendment No. 122 until such time as the report is received from
the Army Corps of Engineers on their reevaluation of the situation. Council-
man Clark seconded the motion.
Hayor Pro Tem Pebley asked if anyone wished to address the Council
in opposition to continuing the public hearing.
Frank Hinissale, 20932 Santa Asa Canyon Road, speaking for himself
and ~ir. Danker, property w, mers in the Canyon, stated that since Hr. Danker
iS not ayoung-.man~postponing decisions on the Canyon area could only jeopardize
his position, and thus he r~quested that action be taken at this time. He
presented a petition, circulated by Hr. Danker, supposedly signed by 53 Santa
Ann Canyon area property owners, urging application for high-density zoning
(ZC70-2) be granted.
Hr. Hinissale stated he b~lieved apartments should be permitted in
part of the Canyon since homes in the Walnut Canyon Estates development evi-
dently are not selling due to the fact that people do not want a home next to
the Freeway.
At the suggestion of the City Hanager, the petition presented by
Hinissale concerning ZC70-2 was copied andthe original returned to }ir. Danker
for presentation to the Orange County Board of Supervisors.
Councilman Stephenson amended his motion to continue subject hearing
to February 16, 1971, 1:30 P.H. Councilman clark seconded the motion.
J~aes Liberio, 628 ~orth Citron Street, real estate broker, repre-
senting owners of 240 acres of property above the Channel, statedthey have
b~n trying to get a decision on the area for two years, and they did not feel
the Corps of Engineers report was going to be that important to a final deci-
sion that the h~aring should be delayed for its receipt. He added that the
o~ners Can do nothing but continue to pay high taxes on their property since
it cannot be sold or developed until the final decision is made on densities.
He contended that landowners were more or less assured development
would be per~tted when the area becsme annexed to Anaheim; however, conver-
sely, they seem to be having more problems. He added that they are scheduled
to appear before the Orange County Board of Supervisors on November 2t, 1970,
which body has indicated they ~ould ~pprove their zoning application, subject
to impr°Ve~ent of La Palms, and approval from the Orange County Flood Control
District.
Councilman Pebley asked the City ~anager for his opinion on ~hether
anythin~ould be gained by delaying the hearing.
Hr. ~rdoch advise/ he perso~11y did not feel as dependent on ~e
~ Co~s si l~ineers r~ort as s~ to be indicated by the ~uncil. He
t~ ~e County Flo~ c~trol ~tneers had been us~ for disi~ and var-
i~s letters of ~pr~al for d~vel~nt of property ~ ~e County, par-
ti~arll it ~nd b~d the ~th of the S~ta ~a Ca,on. He further sta~ed
that if the ~ Co~s of l~ineers ~kes the statist that the design cri-
teria should be for ~ less frequent flood ~h~ ~he currently accepted 100-year
frequency fl~ that the ~nse C~nty Flo~ Control Engineers will pay attention
70-632
(~11:¥ .~all. ~_a~__~h___~!m. Callfor~Ll, a - COUNCIL MINUTBS - November 17, 1970, 1: 30 P,M.,.
to the extent that they viii issue a flood control letter ~d~tch will
call attention to the Army Corps of En$tneers~ letter. It would then
be up to the State Real Estate Co~nissioner to either issue an approval
for sale or not. Very likely the financing institution will make a de-
cision as to whether to take the risk or not. He advised that no one is
in a position to say that the Canyon area cannot at some time flood, it
is always a possibility; the decision must be made on the probability
and the amount of' risk willing to be taken.
He stated the sa~est course would be to declare the area a
flood plain, and thus there would be no further construction; however,
such a procedure probably would carry a requirement for some sovernmen-
tal obligation to acquire the properties or provide smae use, such as
agricultural.
Hany of the property owners have purchased their properties
with a reasonable expectation that they can develop the land in some
manner. There have been indications by the City Council, the County,
as well as the City Plannin~ Coum~ssion as to ~hat those densities misht
be. There now have been indications by the City Planning Commission, af-
firmed by the City Council, that those densities previously indicated may
be no longer appropriate.
The two questions before the Council are ~ether to alloy any
kind of buildin$ of a residential character in the Canyon, and ~here
within the Canyon and secondly, if there is to be residential develop-
ment, what shall be the density in the various areas.
Hr. Yeirdoch stated he did not anticipate the Army Corps of En-
gineers' report would be particularly helpful to the Council in makinE
these determinations.
Councilman Thom stated he too, felt'it was-nOt necessary to de-
lay the decision for the Corps of Engineers report.
Councilman Stephenson restated his motion to continue the Pub-
Hearing on ~eneral Plan Amendment No. 122 to February 16, 1971, 1:30
P.M., to allow for receipt of the A~-~y Corps of Engineers report. Coun-
ctlnmn Clark seconded the motion. To this motion, Councilman Thom voted
'NO." MOTION CARRI]~D.
PUBLIC ~, ~__!_.~_ - UCL~s$IFICA__TIO~ NO, .70-71-13 A~D C0~DITIO~,L USE PERHIT ~0.
1202: Submitted by Bernardo M. Yorba, et al, requestin~ a change of zone from
R-A to I~2 on Portion A, and From R-A Co R-1 on Portion B, to establish
a planned residential develolment on Portions A and B, located southsees-
terly of the intersection of Santa Aha Canyon Road and Imperial Hishway,
extending in an east-vest direction from the future ali~nment of Imperial
Highway toR~yalOak Road, and in a north-south direction from Santa Ana
Canyon Road, north of the future aliEnment of Nohl Ranch Road, urlth wai-
ver of:
a. Haxtmum building height within 150 feet of R-AZone
on Portion A only.
The City Plannin$ Comission, pursuant~to Resolution No. PC70-
186, recon~ended said reclassification be denied, and pursuant to Resolu-
tion No. PC70-187, denied said conditional use permit.
The City Clerk submitted correspondence from}larry Knisely,
A~ent, dated November 16, 1970, requesting subject public hearing be con-
tinned to Dec_~h_er 1, 1970, and correspondence dated November 16, 1970,
f~mnvarious Canyon area homeowners associations, requesting an evening
meeting if subJec~ hearin$ is continued.
On motion by Council~an Clark, seconded by Council~an Thom,
PdblicRearing on Reclassification No. 70-71-13 and Conditional Use Per-
No. 1202 vas continued to December 1, 1970, 7:30 P.M. I40TIONCARR'IED.
70-633
City Hal.l, A~ahelJe, California - ~OU~CIL ~IlfOliS - November 17, 1970, 1:90 P.M.
~E~T.A~ ~ - TRACT 1~0. 7288: Developer - Calprop Corporation, located on the
vest side of Imperial. Highway (proposed), south of Santa A~a Canyon Road,
and contains 103 proposed R'2 lots. (70-71-13 and Conditional use permit
Ho. 1202).
The City Plarmin$ Co~nission, by ~otion, at their meetin~ held Oc-
tober 19, 1970, denied Tentative Nap of Tract No. 7288.
On motion by Councilman Clark, seconded by Councilman Thom, Tenta-
tive Nap of Tract No. 7288 vas continued to December 1, 1970, 7:30
I~:)TIOH CARRIED.
eKCTJ~_qSXFICATION NO. 68-69-32 J~D ~ItTATIVE HAP OF ~ ~O. 4!93. ~!ON NO. 1 -
~S~ ~FmmT~: Re. est of ~k ~eissler, Frn-hr ~vel~nt ~~, dated
October 25, 1970, vas su~tted for a one-year ~tens~on o~ t~ to, Tentative
Tract ~. ~93, Revision No. 1, ~ogeCher ~i~h reports of the City Engineer
and ~lo~n2 Semites ~p~C~nc, rec~ing a one-year ex~ension of
~ be gran~ co Reclassification No. 68-69-32 and Tentative ~p o[ Tract
No. ~693, Revision No. 1, to e~tre ~c~ber 3, 1971.
On motion by Councilman Thom, seconded by Councilman Clark, a one-
year extension of time for Reclassification No. 68-69-32 and Tentative Nap of
Tract Ho. ~693, Revtmion No. 1 vas grated, to expire Deceuber 3, 1971, as
reeeumauded', ~0TIOH CARRIED.
COKDIT~ I~E PEff~XXT NO. 1111 - FuXT~NSION OF TIHE: Request of Hart~nn Corpora-
tt~, dat~ October 16, 1970, vas su~itted for one-year extension of ti~ to
C~ditional Use Petit Ho. 1111, together ~Ch report o[ the ~velo~ent Ser-
vices ~artment reco~nding a on, year extension o~ t~e be granted, to e~
pire N~er 20, 1971.
On motion by Councilman Clark, seconded by. Cou~c.i)~. ~Stephenson,
one-year extension of time to Conditional Use Permit No. 1111 vas granted,
to expire November 20, 1971, as recomMnded. F/0TIOH CARRIED.
~SOI~TI0]~O. ?OR'~3 - k~ItORDERN0, 2026: Upon receipt of certification from
the Director of Public ~orks, Councilman Stephenson offered Resolution No.
70R-553 for adoption.
Refer to Resolution Book.
t RESOII~IO[ OF THE CITY COUIiCIL OF THE CITY OF AHAHEII! FINALLY ACCEPTING
THE COJF, ITION AND THE FURNISItlNG OF ALL PLAHT, LABOR, SERVICES, NATERIALS
AlJD EQUIP~HT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POI~ER, FUEL
ABD ~ATER, AHD THE PERLE OF ALL I~ORK HECESSARY TO CONSTRUCT AND
PLETE THE leO~NG PUBLIC IMPROVEI~NT, TO WIT: THE INSTALLATION OF A 21"
STEEL kI~TE~ PIPE IN TI~ INFERIAL HI,ii/AY BRIIKIE AT THE SANTA ANA RIVER, IN
THE CITY OF ANAHEXH, I/ORK ORDER HO. 2026. (Jenkin Construction Company)
Roll Call Vote:
AYES: Councilman:
HOES: COUHCII24EH:
ABSENT: COUNCIl:
Clark, Steph~son, Thom and Pebley
l~ne
Dut2on
The Nayor Pro Tom declared Resolution Ho. 70R-553 duly passed and
adopted.
- ~ O~DER. NO. 604-B: Councilman Thom offered Resolu-
for adoption,
Refer to Resolutton Book.
A., zou rTaa C TY COUNCIL OF THE CITY OF AHAHEm FINDING
THAT P BL C eEczssrry REQUIRE CONSm CT ON AHD CON LE-
TIll OF i FUJI,lC IHFR~, TO b-IT: THE LA PAIIqA AVEHUE STREET II~PROVEHEBT,
AFFi[(IIMATKLY &?0 FEET EAST OF TO APPROXIHATKLY 662 FEET ~EST 'OF ACACIA STREET,
THE CITY OF AIIAHEIH, b~RK OtlF. R HO. 604-B. APPROVING THE DESIGNS, PLAHS,
70- 634
City Ball- ~h.~, California- .COU~IL ~ - Novmber 17. 1970. 1:30 P.N,
mO~Z~S, ~aA~rn~s iao S~C~ZCiTIO~S FOe ~S~ COSS~UC~;O~ ~a~a~.op; AU-
cLERK TO PUBLISH A NOTICE II~VITING SEA?JF~D PROPOSALS FOR THE CONSTRUCTION
THEREOF. (Bids to be Opted, December 10, 1970, 2:00 P.H.).
Roll Call Vote:
Clark, Stephenson, Thmn and Pebley
None
The ~aTor Fro Tea declared Resolution No. 70R-55~ duly passed
p~SOLUTI~ N0~ 70R-555 - D~n$ .OF EASENENT: Council~mn Clark offered ResolU-
tion No. 70R-555 for adoption.
Refer to Resolution Book.
A R~SOIAITIONOP THE C1T/COUbEIL OF T~ ClTYOFANAHEIMACCEPTING CERTAIN
~ D~D8 AND ORD~I~THEIRRECORDATION. (Herman and Virginia A.
Ctlley, Nelvin D. and Ai~ Ruth Hilsenfeld, Francis and Catherine Howard,
D.H. Over~yer Co., Inc., Charles A. and Irene S. Rock~ell, Raymond G.
and Estella K. Spehar and Marcia Arm Hallisan.)
Roll Call Vote:
AYES:
NOES:
ABS~T:
COU~II2~N: Clark, Stephenson, Thom and Pebley
COU~II2~N: None
COURC~: Dutton
The Nayor Fro Te~declaredResoi~tte~-~~'~'~'Pas~
and adopted.
PROFOSED ~ - RESOLIITION NO. 70R-556: Council~an Clark offered Reso-
lution No. 70R-556 for adoption.
Refer to Resolution Book,
A EBSOIIIIION OF THE CITf COUNCIL OF TiE CITY OF AIi~__R_II/ 01CIA~INC ITS
~I~ ~ V~ ~ ~ ~RT~N ~ ~0~ ~ F~ A DA~
F~ ~~ ~~. (7~6A- ~blic ~ari~- ~C~er 15, 1970, 1:30
P.H. ~bltc Utilt~ Bas--t, south of ~th Street, vest oi Su~tst
St~t, ~act ~. 68~, ~t ~)
Roll Call Vote:
Clark, SCaphenaon, Th~ md Pebley
~one
l)utton
The Nayor Fro Tea declared Resolutton No. 70R-5§6 duly passed
and adopted.
.~__fm~__~n '~~- n=~.L!_rTI01~NO. 70R-557: Councilman Clark offered Reso-
lution Bo. 70~-557 for adoption.
Refer to Resolution Book.
l llSOIlIII0110[ T// O1TY IlL OF ~ CITY O~ ~OlaiR~ ITS
~I~TOVACATEA~D~CERTAINRFAL FROP~TYANDFIXI~G A DATE
R~AI~BgTI~F~I~. (~0-$A - Public Hearin~ - Deceeber 1§, 1970, 1:30
1h~lic UtllityEase~n~, s~th of South Street, ~m~t of Sunkimt
Tract Ns. 6809, Lot 119).
Roll Call Vote:
70- 63.5
COUnCIl: Clerk, Stephenson, Thou and Pebley
COU~~: lbUe
COUHCI~: Dutton
The Hayer Pro Tm.declared Resolution Ho. 70R-557 duly passed and
adopted.
FU~ q~ ~ - B~E AHD'.~I~: The City Hanager reported on iuformal
bids received for Bore end Casing for Jefferson Street, as follows:
Pioneer Jacking Company, Santa Fe Springs ..... $4,027.00
Bart Pipeline, Znc., Anaheim 4,370.50
On recounendation of the City ~nager, Councilman Stephenson moved
that the bid of Pioneer Jacking Company be accepted and authorized in the
mnount of $4,027.00, plus tax. Councilman Thom seconded the motion. ~gFTION
CARRIED.
FUR~ .~F .]~3/~f~T - COHVENTZON CEHTER GLASS: On recommendation si the City
Msnager, Counctlm~n Clark moved the purchase of glass from Center Class Com-
pany, for repairs at the Convention Center, be authorized in the amount of
$2,693.3~, lnclud-i~ tax. Councilmen Stepbenson seconded the motion.
CARRY.
FUa~_~eg_. ~ EOUI/~uT - ~_u,ELZTE S_?mU~T LIGHT POLES: The City ~anager reported
on informal bids received for the purchase of 20 Harbelite Street Light Poles,
as follo~s:
VEHDOR
General Electric Supply Company, Anaheim $5,436.90
Electric Supplies D~st., Santa Ana ......... 5,412.75
Consolidated Electric, Anaheim 5,439.00
Westinghouse Electric Supply, Anaheim ....... 5,488.88
Graybar Electric, Anaheim - 5,769.75
On recmmmndation of the Cl~y ~dnager, Councilman Clark moved that
the bid of General 'Electric Supply Company, in the amount of $5,436.90, in=
cludin~ tax, be accepted and purchase authorized as the lowest bid, after
taken8 the local sales tax preferential into consideration. Councilman Thom
seconded the motion. MOTiOHCARR~ED.
CIA~.~,~TItSTTHKClTY: The follo~Lng claims were denied, as recommended by the
C~y A~Corney, and ordered referred to the insurance carrier, on motion by
Councilmm~ Stephenson, seconded by Councilman Clark:
a. Claim filed by'Mrs. Violet M. Carltn, on behalf of her son,
for puFpo~ed personal inJur~ damages, occurrtn~ on or about October 24,
1970.
b. Claim filed by ~.L,_..B~.~ss, on behal£ of Francis L. LaTra[lle,
for purported per~onal pro~r~'~m~"~oncurring on or about September 15,
1970.
Councilman Clark of£ered Resolution Ho. 70R-558 for adop-
lefer to Resolution Book.
Roll Call Vote:
70-636
Citw llsll, Inah, e~i~._ Cali~ - ,COURCIL ~m_~l~S - Nov~er, 17, .!970, 1:30
AYg$:
AB~T:
C~: Clark, Stephenson, Thom and Pebley
CO~i~: lions
C~BCI~: Dut ton
The Mayor Pro T~m declared Resolution No. 70R=558 duly passed
and adopted.
R~SOLDTZ0~ NO. 70~-5§9: Cotmcilman Clark offered Resolution No. 70R-$59 for
adoption.
~£ar to ResolUtion ~ook.
& P, gSOLUTION OF ~lg CIT~ COIJIlCIL OF TH~ CITY OF ANAI~IM AN~NDINC R~SOLU-
TIO~ NO. 70~-82. ~'~ ~ RATES RULES ABD ~GULATtOB8 (IF TH~
CTTY OF ANAHEI~ l~l]~l]~ TO'6-INCH, 8-INCH AND 10-INCH ~ BY ADD-
lNG TO TH~ WAT~ ~ ~ ~ PECULATIONS PECULATION N0. 7.
Roll Call Vote:
AYES:
NOES: C~:
ABS~qT: COUIIClLI~N:
Clark, Stephenson, Thom and Pebley
None
Dutton
The Mayor Pro. Tem declared Resolution No. 70R=559 duly passed
and adopted.
CORRF. S~E: The .fOllowin~ correspondence vas ordered received and filed,
on motion by Counctl~ Thom, seconded by Counciimml Stephenson:
a. Ninutes = Cultural Arts Co~nission = October 8, 1970.
b. Mtnuteu - Pwrks and Recreation Commission - October 15,1970.
c. Financial and. Operating Reports for the month of October,
1970.
Report, 1969-1970.
0~D~ ~ 2871~ Counci~--~ P~bley offered Ordinance No. 2871 for adop-
Refer Co Ordtn~ca Book.
AN CRD~ OF T~ CITY OF ~IM AI~~ TITLE 18 OF T~ ANAHEIN
NII~IC~ COD~ e3ZATI~ TO ~trl'l~. (69-70-61 = a-3)
Roll Call
AYES: COq~~: Clark, Stephenson, Thom and Pebley
R0~: CO[M~LI~I: lions
A~ggBT: C~MCi'~Di: Dutton
~e ~ ~o T~ d~l~ed ~di~nce No. 2871 duly passed
~t~.
~~ ~, ~72: . ~i~ Cl~k offered ~din~ce ~. 2872 ~or ad~ti~.
~f~ to ~~ ~ok.
NlYBICIP&L CORE ~ TO Z011'DIG. (63-6/.I,-62(7) and (10) - R-3)
Roll Call
AYe: .CO0~~: Clark, Stephenson, Thom and i~bley
~: COO~E~-)~: llone
IlliCIT: (~ll~[: Button
The Nfrpor Pro ~ma d~Clared Ordinance No. 2872 duly passed and
adopted.
70- 637
City Hall. A~ah_ ~$a, California - COII~CIL Nllltri~S- November 17, 1970, 1:30 P,M,
0RDINAI~E NO, 2873: Councilean Thoe offered Ordinance No. 2873 for first reading.
AN ORDIItANCE OF THE CITY OF ARAI~ ANEHDII~ TITLE 18 OF THE ANAtfl~IM MUNICIPAL
CODE RELATlllC TO ZONII~. (70-71-14 - R-A - Orangethorpe La Palms Annexation)
0RDINAI~E ~10. 2~22: Council~an Stephenson reintroduced Ordinance No. 2622 for
first reading.
AN ORDINANC~ OF THE CITY OF ANAt~IN AI~BNDINC TITLE 18 OF THE ANAI~IH MUNICIPAL
CODE RELATING TO ZONING. (63-64=62(6) - R-3)
CULTURAL AR~ .C~I~IlSSION .APPOIh~N[~f: On motion by Councilman Clark, seconded by
Councit~aa Tho~, Earl E. Dahl was appointed to the Cultural Arts Commission
as the Library Board of Trustees Represen~ative, to fill the vacancy created
by the resi~nation from the Cultural Arts Consnission of C.B. Hiller. HOTION
CARRIED.
REqU. EST- D01~STICATED OCELOT: Request vas submitted by James S. Okazaki, on be-
half of Hr. and Hrs. Hiroshi Inoue, for permission to keep a domesticated
ocelot at the lnoue residence, 2922 Creenhedge, together ur~th report of the
Zoning Enforcement Officer.
Said request ~as deferred from the meeting of November 10, 1970,
to allo~ for the presence of the Petitioners.
The City Clerk submitted correspondence, dated November 13, 1970,
from Mr. Okazaki, forwarding 5 petitions supposedly containing 73 si~natures
of friends and neighbors of the Inoues who are in favor of granting subject
request, and a statement by the Inoues regarding their affection for their
pet ocelot.
Nayor Pro Tern Pebiey' '~d~ ~"~h'e' A~i'[~"~0~"h{~ ~'~e'~t '~as 'pres-
ent and ~ished to address the Council.
James $. Okazaki, of the law firm of ~elputt and Okazaki, presented
additional signatures to the petitions previously forwarded which, he contended,
~ould bring the total sipatures in favor of the request to 124.
In answer to Councilman Stephenson, Hr. Okazaki advised that the
ocelot in question has had its canine teeth and claws removed.
He referred to the book, "Especially Ocelots," that states such.
animals are not unusual pets, and advised that the book states that ocelots
become hostile ~hen removed from the protective environment of their masters,
Just as the subject ocelot had becmoe hostile on bein~ cased.
Hr. Okazakt presented, for Council review, photographs of the oce-
lot pleytn~ and stated the incident requiring the pet to be quarantined vas
the first tt~e the pet had gotten loose. He requested the Council waive the
provision of the pertinent ordinance prohibiting the keeping of ocelots, or
determine the particular ocelot owned by the lnoues does not fall. into the
'~eild animal" category. He added he was certain the lnoues ~o~ald agree to
any conditions the Council may set down to allow the~ to keep their pet at
their residence.
In ans~eer to Councilman Pebley, the City Attorney advised one pos-
sibility for ~rantin~ the request ~ould be to allow all cant~e animals to be
maintained as pets, ~htch category ~uld include lions, ocelots, and other
animals, ~here fengs (canine teeth),and clays have been removed. He added
that, however, the ordinance prohibiting the keeping of such animals was
directed at those ~hich are wild in nature and even though such animals are
deranged ~ declleeed they could frighten peoRle $;f. theY.
Hayor Pro Tern Pebley asked if anyone wished to address the Coun-
cil in opposition.
638
City MI1. ~nahei_~, _~'_l_lf~z~nta- COLitis-~J~$- ~ov~h,~er 17, 1970. 1:30
~rs. Theresa F~ndrew, 2923 Robbins Court, the person bitten by
the ocelot in qUeSttou, which incident resulted in the pet being quaran-
tined, presented a petition supposedly signed by 121 persons, most of
them neighbors-of the Inoues, opposing any waiver that would return the
ocelot to its owners.
Hrs. Kendrev related the incidents ieading to her being bitten
by the animal, ~bich left three puncture marks .on her arm, when she at-
tempted to push it .b~c~ l~to its o~n yard next to hers, a feat accmap-
lished with the aid of a neighbor boy. She stated she was very frightened
and the 13-year old daughter of a neighbor claimed the ocelot in question
had also previously
Councilman Pebley recalled a situationwhere a pet snake had
gotten loose, which incident led to the passing of the ordinance in ques-
tion, and advised that owners of that pet had moved to an area where such
animals are allowed, and suggested this procedure as a possibility for
the Inoues.
Frank Raczek, 5917 Hadrians Crescent, expressed the view that
since peddlers of s~ut evidently have a constitutional right to do so,
persons wanting to keep a pet ocelot should have the same rights.
In answer to Councilman Clark, Nr. Raczek advised he probably
would object to a neighbor keeping a w-lid anhaal for a pet.
Hasako Oucero advised she owned a Doberman Pinscher dog that
has bitten a neighbor, and because she has a license and pays the doctor
bills she does not have to get rid of it. She stated she did not believe
it was fair that the ocelot, because it has no license, cannot be kept
under the same conditions.
Counctlmaa'~ephenson and the City A~oriit~y'advlsed'l~ss Oucero
that if her dog had bitten someone and is considered vicious, it must be
disposed of.
Hlroshi Inoue, owner of the ocelot, claimed his pet is not a
large cat and promised it would not get loose again. He advised the
ocelot was a Christmas sift. from his closest friend and he could not get
rid of it.
Hr. Ino~e'asked that the pet be released W him since it would
not be able to survive if kept apart from its master a few more weeks.
He added that he would be willing to build a block wall and a large ease
for the pet, if allowed to keep it.
Hrs. ~oelke, ~other of the 13-year old girl allegedly previously
bitten by the ocelot, ~tof the boy who assisted in getting the pet back
in its o~n yard on she day it was loose, stated her daughter was not bit-
ten by the ocelot; that ~hile playing with the pet one day, the ocelot
had accidentally caught her and tore her slacks. She stated neither she,
nor any member of her f~ily,vas afraid of the ocelot.
J~mes Kendre~, 2923 Robbins Court, advised that Up to the' time
his wife vas bitten'they had no objection to the ocelot; however, he
feared a recurrence one day vhere the animal may bite one of his or other
s~all children in the neighborhood.
Councilman Stephenson expressed the opinion he believed the
Council had no choice but to uphold the law.
70-639
City Hall. Anaheim. California - COUNCIL HINUTES - November 17, 197.0, 1;30 p.M,
June Sakayeda, sister of Hrs. Inoue, stated the Inoue's ocelot was
as harmless as any domesticated cat or dog, and requested an exception to
the ordinance be made in this case.
Hr. Okazaki stated that the denotation in the ordinance of "Animal,
wild in nature," could apply to any animal, since even cats and dogs, at one
time, were ~rlld.
In answer to Coumctla~n Stephenson's query as to whether he, as a
Juror, could allow the pet to stay at its residence when it is feared by a
r~ighbor, Mr. Okazaki argued that he did not feel that was a fair comparison,
since the Inoues were going to do anything required to assure there was not
a recurrence, and thereupon asked that the Inoues be given one more chance to
prove the animal will not harm anyone.
Mr. Kendrew objected to being a test case, and the possibility of
a child being injured.
Councilman Pebley explained the questioning of Councilmen Stephen-
son and Clark was an effort to determine how Hr. Okazaki would feel if he
ware the one to grant an exception in this case, and eventually the ocelot
got loose again and bit a child.
Hr. Okazaki answered that, in that case, he would have to accept
the blame if and when it happened; however, he asked how many chances a dog
got if it bit someone.
Hr. Geisler advised any dog is termed "vicious" if it bites some-
one, and must be kept entirely penned from then on; if it bites a second time,
it must be destroyed.
Mr. Okazaki thereupon asserted the Inoue's were willing to accept
the same .regulations for their ocelot as for a dog.
Hr. Geisler stated that, by law, an ocelot is not permitted within
the confines of the City of Anaheim. He added that the Inoue's probably
also are in violation of zoning ordinances, since pens are not permitted
vithin 40 feet of any house.
In reply to a statement from the audience that both Hr. and Hrs.
Inoue have operatin~ businesses in Anaheimand should not be lost to the City,
Councilman Stephenson advised that the Council would regret the loss of the
Inoues as Anaheim citizens, however, the fact that they have businesses in
this City has no bearing on whether they should be allowed to keep their oce-
lot.
On raotion by Councilman Clark, seconded by Councilman Stephenson,
the request to allow the ocelot to be kept within the confines of the City
was denied. 140TIONCARR~.
COI~I~ITy. ~.L~0~S REFRF~TI~: Cit~y Nanager Keith ~rdoch ad~sed that a
~eti~ ~th a ~r~ of ~ican-~ican citizens a year ago at the Presby-
terian ~ur~ ~d hel~ focus attention on so~ of the proble~ peculiar
to ~e ~lled b~rios ~th~ the City Li~ts; th~ discussi~ had po~ted
up ~at the l~e b~rier creat~ a very . definite c~nication ~ap be-
rgen the people ~thin barrio c~nities and City sover~ntal ~d semite
org~iza~i~s, since m~y of those people spoke only Spanish. He added that
~ere also are other c~ntttes tn the City ~ere rather substantial cul-
tural barriers exist.
Hr. Nurdoch recoa~euded the establishment of a pOsition in the City
government where the responsibiliU for com~nity liason is centered in one
person, such person to'be a full time,.salaried employee, assigned to the
City Nanaser's office, to insure direct cou~nication. He recited the spe-
cifications deemed appropriate for such a position.
Hr. 14urdoch added that many of the problem areas involve County
departments or other governmental and private agencies, and a Com~nity
70-6~.0
City Hall, Anaheim, California- COUNCIL HINUTES- Novenber 17m 1970, 1:30 P.H.
Relations Representative could direct these to the proper source. Ex-
amples cited were health problems, ~/~ere the County has assistance avail-
able that people living in barrios seldom know about and where aid is
available if they know how to seek it.
In answer to Councilman Stephenson, ~tr. ~rdoch stated that
County organizations handle specific problems if they are aware of them;
however, there is no person responsible for co~nicating this informa-
tion to them. He added that the ~naheim Parks and Recreation Depart-
ment provides some assistance through their activities, but he believed
it ~uld be beneficial if there could be additional discussions between
the Police and the various communities.
Further, in reply to Councilman Stephenson, Hr. Hurdoch ad-
vised it was believed one person could handle the entire operation, at
least in the beginning.
Councilman Stephenson stated he believed the Police Department
presently has Spanish-speakins personnel working on these problems and
also full-time ~orkers talking to the youth in the schools. Hr. ~hrdoch
aKreed that some Police personnel do spend a portion of their time visit-
ing schools, but that it takes considerable time to get around to
classes.
In reply to Councilman Stephenson, Hr. ~hrdoch proposed the
suggested position be classed the same as a Division or Administrative
Aide, with a salary range of $660.00 to $801.00 per month.
Hr. ~rdoch advised that a year ago it was considered suffi-
cleat to hold frequent .meetings ~th various City Department Heads, in
an attempt to resolve problems that came to their ~tt~n~ion; however,
] ..... ' added that, alth~ tn his opinion, barrios presen~ the 8reatest prob-
~ 1~, stay revealed that ~eliare cases involvinS the a~ed, totally dis-
abled, dependent children, etc., occur repeatedly in the
ho~s.
In answer to Councilman Pebley, Hr. Hurd0ch advised that plans
were to hire a person of Hexican-American background for such a position,
because it vas felt the greatest barrier that exists is of a cultural
background.
Councilman Clark moved the position of Com~nity Relations
Representative be established and a person hired for the position under
the Job specifications and Administrative Aide salary schedule, as recom-
mended by the City Hana~ar. Councilman Thom seconded the motion.
in reply to Councilman Pebley, Hr. Hurdoch assured the Council
that Hayor Dutton concurred ~rith the reconsuendattons presented. HOTION
CARRIED.
Hayor Pro Tem Pebley asked if anyone vrished to address~the
Council.
Hrs, CloriaLopez thanked the Council for the action taken and
expressed the opinion relationships built from establishing this position
~ould definitely add to the pride of Anaheim.
Hanuel Hendez requested his people be advised of ~ho the City
intends to hire for the nev position, prior to actual employment.
Hr. Hurdoch answered that the Administration probably would
need help in choosin& the proper person.
Celia Salas stated she would be happy to serve in the position.
Richard FAreles listed the most pressing barrio problems as
70- 641
City Hall, A~e!m, California - COUNCIg.MINI~fES - November 17, 1970, 1:30 P.M.
dope, bigotry in the pqblic schools, Police harrassment, and racist groups,
and reco~ended the proposed Co,=~ntty Relations Representative be in a posi-
tion where he could openly criticize the schools and other organizations.
Mr. Murdoch answered that, as a member of his Staff, the Community
Relations Representative would not be free to publicly criticize but would
work with various agencies in' an attempt to remedy situations.
A1Perazza, a public schools employee, offered to assist in selecting
a person to fill the position.
Councilman Clark asked if it was deemed absolutely necessary that
the proposed Co-....~nity Relations Representative be a Mexican-American, citing
the d~dicated efforts of Larry Wright,of the First Presbyterian Church, as an
example of a person not a Mexican-American who would be qualified to handle
the job.
Mr. Perazza stated he did not believe a Mexican-American was neces-
sary, as long as the interest of the person hired was in the people, and that
he could co~mmntcate and be aware and sensitive to the needs of the Mexican-
American co~nities. He commended Mr. Wright for the work he had done with
the people in the barrios.
Mrs. Montoya stated she lived in a barrio and did not feel it neces-
sary that the Co--..~nity Relations Representative be a Mexican-American, as long
as the people knew he cared for them, which attribute she felt Larry Wright
possessed.
Mrs. Montoya advised that she works as a teacher's aide in the schools
and cited one family with 10 children who took another family of 8 children into
their home, as an example where a Community Relations Representative could help.
The children have no food for lunch at school because the father's salary of
$76.00 per week does not meet this need and precludes his receiving welfare as-
sistance; also, the mother and some of the children need medical assistance and
did not know that the services of the Orange County Medical Center were available.
Mr. Mendez reiterated his belief that the Cou~nity'Relations Repre-
sentative should be a Mexican-American, since, at this time Mexican-Americans
do not actually participate within the framework of the structure of the City.
ADJOU~: Councilman Thom moved to adjourn to Tuesday, November 24, 1970, at
9:0~ A.M~, amd also moved waiver of further notice of said Adjournment. Coun-
cilman Pebley seconded the motion. MOTION CARRIED.
ADJOURNED: 4:40 P.M.
Signed
City Clerk