1951/08/21
175
City Hall, Anaheim, California, Au~st 28, 1951 - 8:00 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCILMEN: Pearson, Wisser, Reiling and Van Wagoner.
ABSENT: COUNCIil-LAN: Boney.
CITY ATTORNEY TURNER: Absent.
CITY AD~1INISTRATIVE OFFICER:
ATTORNEY CLAL~E OWENS, present, Acting Oity Attorney.
Keith Murdoch, present.
INlJTES: The Minutes of the regular meeting held August 14, 1951 and andjourned
regular meeting held August 21, 1951 were approved as mailed on motion by Councilman
Heying, seconded by Councilman Van Wagoner. MOTION CARRIED.
JE1'~IIDS: Councilman Van Wagoner reported demands against the city amounting to
$73,467.08. Counci.lman Heying moved that report of Finance Oommittee be accepted
and that warrants be drawn upon the Treasurer to pay said demands in accordance with
report. Councilman Wisser seconced the motion. MOTION CARRIED.
AJD}<SSS THE COjNCIIJ: Jess M(~daris: Jess Medaris addressed the Council in regards
to the Dog and Cat Hospital in a C-2 Zone as requested by Dr. Dean. Maypr Pearson
stated that the City Council did not wish to discuss the matter until such time as
it was again presented to the City Planning Commission, who previously advised that
it would be taken up at their next regular meeting which is September 4th.
~~IEF 0F FCLICZ: Mark A. Stephenson, Chief of Police was granted permission to
attend the Police Officers' Convention, September 6, 7 and 8, 1951 at Yosemite
on motion bJ~ Councilman Van Wagoner, seconded by Councilman Heying. MOTION CARRIED.
f:EOFOSED STOP SIGN: Acting upon the recommendations of Howard Louden. to place a
Stop Sign on West Street at the corner of North and West Street. this matter was
referred to the Police OQmmittee with power to act on motion by Councilman Heying,
seconded bjr Councilman Van Wagoner. MOTION CARRIED.
STREE'I' SIGNS: As to Street Signs for intersections on Palm, Los Angeles and Oenter
Streets; it was thought advisable that we ack for bids both for the baked enamel and
porcelain finishes. Call for these bids were authorized at the meeting of the City
Council held August 14, 1951.
.SRLISSICl\ TO LEAVE THE 5TAT:~: Councilman O. W. Heying was granted permission to
leave the State on motion by Councilman Van Wagoner, seconded by Councilman Wisser.
MOTION CARRIF~.
JiG~:lLIA TEUIJ"K SEw'EB; Famularo-McElvany communication dated August 27, 1951 in
which they request an additional sixty days, to November 1, 1951: This matter
was referred to the Joint Outfall Sewer Executive Committee on motion by Councilman
Heying, seconded by Coun~ilman Van Wagoner. MOTION CARRIED.
4~Xl ~A:D RATES: Rates charged by taxicabs in the Ci ty of Anaheim were ordered
received and filed on motion by Councilman Van Wagoner, seconded by Councilman
Wisser. MOTION CARRIED.
.,AGl'~L1IA '}]\' illK SE'/;];F ~ENG 11'!EEEING COl.n.u 1J1rF~E REP()1;T: Report of the Engineering
Committee and recommendations of the Administrative Officer: The City Councilt on
motion b~y- Councilman Van Wagon.er t seconded by COUllcilman Wisser, moved that the
report be referred to the several cities and sanitary districts for confirmation
and ratification, and that action be taken as recommended by the Engineering Committee
to become effective upon ratification by the Joint Outfall Sewer group, and that
the City Attorney be instructed to prepare agreements in accordance with recommendat-
ions of the Engineering Oommittee. MOTION CARRIED.
~~G~ LL LA TE1)1~K SEV\'EE: ~NG rl;E~'t1.;B I NG COM1"I TTEE HEF OPT: Councilman Van Wagoner moved
thAt the City of AnAheim approve the r~commenaations of the Engineering Oommittee
as to repairs to the Magnolia Trunk Sewer, and that Resolution be prepared accord-
ingly. Councilman Wisser seconded the motion. MOTION CARRIED.
:::PvE: V:E/rEFJiNS I EL.U~; Il~G: Report for month of July, 1951, amount collected,
$lt)63.01. Said report was ordered received and filed on motion by Councilman
Heying, seconded by Councilman Van Wagoner. MOTION CARRIED.
CATIONS: from Mr. Sympson was received and ordered filed.
~CfvlLU:NICA~.' UN: from Harold W. Kennedy, County Counsel for Los Angeles County was
submitted and read.
~.~?:;AV'E-OF-A::;SENCE: Ed. Mene was granted a leave of absence of 90 days from
August 28, 1951, without pay, on motion by Councilman Van Wagoner. seconded by
Councilman Wisser. MOTION CARRIED.
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City Hall, Anaheim, California. Au~st 28, 1951, 8:00 P.M.
:~E,,, }EST' ".,.t ORANGE TO AMI'wfEND ZOl~ING O.RDINANCE: The Ci ty Clerk 'Was instructed to
req11est the Board of Supervisors, Orange County, to ammend their Ordinance No. 562 by
eliminate the 200 feet set-back for dwellings as parmi toted in sub-paragraphtlbl'of
Section 2, of said Ordinance, and to send copies of our previous correspondence.
REIREHENT; The Clerk and Administrative Officer were instructed to take up the
matter of Retirement costs, as pertaining to Joint Outfall Sewer employees; to affect
an early settlement of this controversy as to the payment by the cities of their
proportionate share of retirement costs.
SAFETY MEAS:.;I<~S: STHE}~T ANTI SA}::I1P, IelJ DE?A..BTI-'LENTS: Safety measures to prevent the
injury of employees in the sanitation department was discussed.
A:FTOINTI~1ENT: DEFUTY CITY PATH0L!\iAN: Clarence A. Johnson was appointed by the Chief
of Police as Deputy City Patrolman, serving without pay with the Police Reserves.
Said appointment was ratified on motion by Councilman Van Wagoner, seconded by Council-
man Wisser. MOTION CARRIED.
EE2:GLVT ION ~JC.
passage and adoption.
Councilman Heying offered Resolution No. 1869 and moved for its
Councilman Van Wagoner seconded the motion. MOTION CARRIED.
A P~SOLUTION OF T~~ CITY C0U11CIL OF Th~ CITY OF ANAHEIM APPROVING THE JOINT COMMUNITY
RECREATION PROGP~ OF THE CITY OF ANAHEIM, THE ANAHEIM UNION HIGH SCHOOL DISTRICT
AND THE ANAh~IM ELEMENTARY SCHOOL DISTRICT AND AUTHORIZING THE MAYOR AND THE CITY
CLERK OF THE CITY OF ANAHEIM TO ENTER INTO AND EXECUTE AN AGREEl<1ENT FOR SUCH JOINT
COMMUNITY RECREATION PROGRAM.
WHEREAS, the City of Ana.r~eim ,theAnaheim Union High School and the Anaheim
Elementary School District desire to promote and preserve the health and general
welfare of the people of the City of Anaheim, the Anaheim Union High School District
and the Anaheim Elementary School District and to cultivate and develo~ good citizen-
ship by providing for an adequate program of community recreation and to conduct
such a program of corr~unity recreation as will contribute to the attainment of general
educational and recreational objectives for the children and adults of said Oity and
said School Districts, and
WHEREAS, the City of Anaheim, the Anaheim Union High School and the Anaheim
Elementary School District desire to co-operate with each other to carry out the
provisions of Chapter 4, Division 12 of the Education Oode of the State of Oalifornia,
anQ to that end to enter into an agreement with each other to organize, promote and
conduct a joint program of community recreation to promote and ~reserve the health
and general welfare of the children and people of said City and said School Districts.
NOW, THEREFORE, BE IT RESOLvlID by the City Council of the City of Anaheim,
that the City of Anaheim enter into an agreement with the Anaheim Union High School
District and the Anaheim Elementary School District for the following purposes:
1. To jointly organize, promote and conduct a program of community re-
creation during the fiscal year 1951-1952, for the general educational and recreat-
ional objectives for the children and adults of said City and said School Districts
to promote and preserve the health and general welfare of the people of said City and
said School Districts.
2. To jointly use all public parks and recreation facilities, excepting
the municipal plunge, of the respective parties for the purpose of carrying out and
conducting such joint community recreation program for the fiscal year 1951-1952,
ana to provide for the maintenance by the respective parties of their recreation
facilities, and
BE IT FURTHER BESOL VED tha t the Ci ty of Anaheim shall ~ay Fourteen Thousand,
Si.x Hundred ($14,600.00) Dollars and the Anaheim Union High School District,Four
Thousand Four Hundred and Eighty Two ($4,482.02) Dollars and Two Cents, and the
Anaheim Elementary School District Three Thousand ($3,000.00) Dollars of the general
expenses of salaries for supervisors, instructors, attendants, employees, supplies
and general maintenance expenses of said community recreational program, and
BE IT FURTHER RESOLVED that the Mayor and the City Clerk of the City of
Anaheim bet and they are hereby authorized and directed to execute an agreement for
and on behalf of the City of Anaheim for the purpose of entering into, carrying on
and conducting a joint recreation progranl with the Anaheim Union High School District
and the Anaheim Elementary School District under the provision of Chapter 4, Division
12 of the Education Code and for the purpose of carrying out the provisions of this
Resolution.
On roll call the foregoing Resolution was passed and adopted by the
following vote:
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177
,City Hall, Anaheim, California, Au~st 28, 1951 - 8:00 P.M.
AYES:
NOES:
ABSENT:
COtTNCIL1vlEN:
COUNCILMEN:
COUNCII,MAN:
Pearson, Wisser, Heying, and Van Wagoner.
None.
Boney.
The Mayor declared the foregoing Resolution duly passed and adopted.
,ESOIt.TICN NC. Councilman Heying offered Resolution No. 1870 and moved for
its passage and adoption. Councilman Wisser seconded the motion. MOTION CARRIED.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, RATIFYING AN
AGREEMENT EXECUTED ON BEHALF OF THE CITY OF ANAHEIM :BY THE MAYOR AND THE CITY CLERK
WITH PAUL R. ROBERTS AND BETTY ROBERTS FOP. THE INSTALLATION OF A WATER MAIN.
WHF~EAS, Paul R. Roberts and Betty Roberts are the owners of all that
propertJr situated in the County of Orange, State of California, and more particularly
described as follows, to wit:
The easterly 528.81 feet of the east one-half of the north one-half of the north
one-b~lf of the northwest one-quarter of the northwest one-quarter of Section 12,
Township 4 South, Range 10 West, S. B. B. & M.t Orange County, California:
and
WHEREAS. Parrl R. Roberts and Betty" Roberts have requested that the City
of Anaheim extend its water main upon and along La Palma Avenue to their property
located at 2300 East La Palma Avenue; and
WHEREAS, Paul R. Roberts and Betty Roberts are willing to pay the expense
incurred by the City of Anahein in the installation of said water main from the
nearest point where connection can be made with the City's water distribution system
at 2200 East La Palma Avenue to the property to Paul R. Roberts and Betty Roberts
hereinabove described, the estimated cost of which is #380.00; and
WHEREAS, on April 25, 1951, the City of Anaheim by Charles A. Pearson.
Mayor. and Charles E. Griffith, City Clerk, executed an agreement with Paul R. Roberts
and Betty Roberts bJ7 the terms of which the Ci ty of AD.Ii;heim agreed to lay, install
and extend a water main 2 (two) inches in diameter from the nearest point of con-
nection with the city's water distribution system at 2200 East La Palma Avenue to
the propert:l of Paul R. Roberts and :Bett~,. Roberts located at 2300 East La Palma
Avenue. a:n.d further Paul R. Roberts and :Betty Roberts agree to pay the Ci ty of
Anaheim the:' act!lal cost, incl.uding labor anc. mat8rial, of extending, laying and
installing said water main and further agree to deposit with the City Water Depart-
ment of the City of Anaheim the sum of $380.00 in advance, being the estimated
cost of the installation a:1Q extension or said water main; that upon the completion
()f the extens i on and installation 0: said water main, said Ci ty of Anaheim will
render to Faul R. Roberts and Bett:I Roberts a statement showing the actual cost of
sllch installation ani if the actual cost exceeds the estimated cost hereinabove set
forth, Paul R. Roberts and Betty Roberts agree to pa~l such excess. If the actual
cost is less than the estimat€d. cost, Paul R. Roberts and Betty Roberts shall be
siven credit for such difference. and further it oeing agreed that said water main
,::lnd line shall be and remain the sole and exclu~ive propert~{ of the City of Anaheim,
and flJrther it being ai-:~reed that in the event that the number of users upon and
along said water main hereinabove described increase in number so that it is necess-
are to install a larger water main, that P~ll R. Roberts and Betty Roberts will pay
one-half of the front foot cost of such larger water main, and further it being
agreed that this Agreement shall be a covenant running with the land and shall be
binding upon the executors, administrators, heirs and assigns of Paul R. Roberts and
Betty Roberts; wld
WHEREAS. a resolution was not adopt9d Quthori~ing the ~x~ention of saia
Agreement on behalf of tIn) City of Anaheim; and
WHEREAS, it appears to be for the best interest of the City of Anaheim
that sai.d Ci ty be bound b~T said Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Cit~r Council of the City of Anaheim
that the execution by Charles A. Pearson, Mayor, and Charles E. Griffith, City Clerk
of the City of Anaheim, of that certain Agreement dated April 25, 1951, by and be-
tween the City of Anaheim, a municipal coryoration, and Paul R. Roberts and Betty
Roberts for the installat'on of a water main as hereinabove set forth and said
Agreement itself be and it is hereby ratified.
On roll Call the foregoing Resolution was duly passed and adopted by the
following vote:
AYES:
NOES:
ABSENT:
COUNCILMEN:
COUNCILMEN:
COUNCILMAN:
Pearson, Wisser, Heying and Van Wagoner.
None.
:Boney
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City Hall, Anaheim, Califor~ia, Au~st 28, 1951 - 8:00 P.M.
The Mayor declared Resolution No. 1870 duly passed and adopted.
'~DI >';A:; . 784: Councilman He:ving offered Ordinance No. 784 and moved for its
passage and adoption. Councilman Wisser seconded the motion. MOTION CARRIED.
AN ORDINANCE OF TJ~ CITY OF AJJAHEIM AME}IDING SECTION 16 OF ORDINANCE NO. 674
ENTITLED. uAN ORDINANCE REGULATING AIm L1 CENSING THE BUSINESS OF CARRYING PASSENGERS
FOR HIRE II .
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS:
SECTION 1: That Section 16 of Ordinance No. 674 of the City of Anaheim
entitled, "AN ORDINANCE REGULATING AND LICENSING THE BUSINESS OF CARRYING PASSENGERS
FOR HIRE" be amended to read as follows:
SECTION 16: It shall be unlawful for any owner or driver of a taxicab to
drive or operate a taxicab within the City of Anaheim, and no permit for the operation
thereof shall be granted, unless there is on file with the City Clerk of Anaheim and
in full force and effect at all times while such taxicab is being operated, either:
(a) A bond of the owner of such taxicab, approved by the City Council,
with a solvent and responsible surety Company authorized to do business in the State
of California as surety in the sum of Twenty Thousand Dollars ($20.000.00), conditioned
that said owner will pay all loss or damage that may result to persons (including
passengers in said taxicab) or property from the negligent operation or defective
construction of such taxicab, or from the violation of the provisions of this
Ordinance or of any other Ordinance of the City of Anaheim, or of any law of the
State of California. Recovery on said bond shall be limited to Ten Thousand Dollars
($10,000.00) for the injury or death of one person, and to Twenty Thousand Dollars
($20,000.00) for the injury or death of two or more persons in the same accident,
and to Five Thousand Dollars ($5,000.00) for injury or destruction of property.
Such bond shall run to the City of Anaheim, and shall inure by its terms to the bene-
fit of any and all persons suffering loss or damage covered thereby, and shall provide
~hat suit may be brought thereon in ~r court of competent jurisdiction by any such
person. Said bond shall provide that there shall be a continuing liability thereon,
notwithstanding any recovery thereon. If at any time in the judgment of the City
Council, said bond is not sufficient for any reason, the City Council may require
such owner to replace said bond with another bond or with a policy of insurance as
hereinafter provided, satisfactory to the City Council, and in default thereof, may
revoke such owner's permits and license; or
(b) A policy of insurance, approved by the City Council, in a solvent and
responsible company authorized to do business in the State of California, insuring
the owner of such taxicab against loss by reason of injury or damage that may result
to persons (including passengers in said taxicab) or property from the negligent
operation or defective construction of such taxicab, or from violation of this Ordi-
nance or any other ordinance of the City of Anaheim or of any law of the State of
California. Said policy may be limited to ~en Thousand Dollars ($lO,OOO~OO) for
the injury or death of one person, and Twenty Thousand Dollars ($20,000.00) for the
injury or death of two or more persons in the same accident, and to Five Thousand
Dollars ($5,000.00) for injury or destruction of property. Said policy of insurance
shall guarantee the payment to any and all such persons suffering injury or damage
to person or property, and to those entitled to recover for the death of any such
person, of any final judgment rendered against such owner, within the limits aboT9
mentioned, irrespective of the financial condition or any actions or omissions of
such owner, and shall inure to the benefit of such persons and those entitled to
recover for the death of any such person. If, at any time, such policy of insurance
shall be cancelled by the company issuing the same or the authority of such company
to do business in the State of California shall be revoked, or in the judgment of
the City Council said company 1s insolvent, the City Council shall require said owner
to replace such policy with another policy or bond as above provided, satisfactory
to the City Council, and in default thereof may revoke such owner's permit and
license.
SECTION 2: Any person, firm or corporation violating the provisions of
this Ordinance shall be subject to all of the ter~s, conditions and provisions of
Ordinance No. 674 and to the penalties as provided in Section 32 of said Ordinance
No. 674.
SECTION 3: The City Clerk shall certify to the passage of this Ordinance
and shall cause the same to be printed and published once within fifteen (15) days
after its adoption in the Anaheim Bulletin, a newspaper of general circulation
printed, Pl1blished and circulated in said City, and thirty (30) days from and
after its final passage, it shall t~~e effect and be in full force.
On roll call the foregoing Ordinance was duly passed and adopted by the
following
vote:
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179
___.__QitEliall! Anaheim, CalifQ.~nia, Au~st 28, 1951 - 8:00 P.M.
......................~
AYES:
NOES:
ABSENT:
COUNCILMEN:
COUNC I L~!EN :
COUNCILMAN:
Pearson~ Wisser, Heying and Van Wagoner.
None.
Boney.
The Mayor declared the foregoing Ordinance duly passed and adopted.
CRD:NA}'.J:~E NO. Councilman Van Wagoner offered Ordinance No. 785 and moved
for its passage and adoption. C01fficilman Wisser seconded the motion. MOTION CARRIED.
AN ORDINANCE OF THE CITY OF ANAHEIM A~~mING SECTION 29 OF ORDINANCE NO. 487
ENTITLED, uAN ORDINANCE OF THE CI'rY OF ANAHEIM, CALIFORNIA REGULATING THE TRAVEL
AND USE OF FUBLIC STREETS; ESTABLISHING A BUSINESS DISTRICT AND PROVIDING A PENALTY
FOR THE BREACH OF ANY OF THE RULES AND REGULATIONS OF THIS ORDINANCE", BY ADDING A
HEW SUB-SECTION TO BE NUM:BERED 29-a.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS:
SECTION I: That Section 29 of Ordinance No. 487 of the City of Anaheim
entitled, "AN ORDINANCE OF THE CITY OF ANAHEIM, CALIFORNIA REGULATING THE TRAVEL
AND USE OF PUBLIC STREETS; ESTABLISHING A BUSINESS DISTRICT AND PROVIDING A PENALTY
.E'OR THE BREACH OF ANY OF THE RULES AND REGULATIONS OF THIS ORDINANCE", adopted
April 8, 1926, be and the same is hereby amended by adding a new sub-section to be
numbered 29-a and to read as follows:
29-a: It shall be unlawful between the hours of 7:00 o'clock A.M. and
9:00 o'clock A.M. and between t~e hours of 4:00 o'clock P.M. and 6:00 o'clock P.M.
of an~. day to park or leave pa.rked any vehicle upon the North side of that portion
of East Sycamore Street between Olive Street and Orange Street.
SECTION 2: All Police Officers of the City of Anaheim shall be and they
are hereby authorized to give citations to any and all persons violating any of the
provisions of this Section to appear in the City Court of 'the City of Anaheim at a
time fixed in said citation, not less than five days from the date of the giving
()f said ci tation unless a shorter period of time is requested by the person to whom
such citation is give, and such citation shall be deemed to be a complaint charging
violations to this Ordinance.
SECTION): All Police Officers of the City of Anaheim shall be and they are
hereby authorized and empowered to remove all vehicles parked, caused to be parked,
or left parked upon any street or public parking lot or area contrary to the pro-
visions of this Ordinance, or illegally parked, and to store said vehicle, and the
owner or operator of said vehicle shall be liable for any reasonable towing and
storage charges.
SECTION 4: Any person violating any of the prOV1S1ons of this Section
shall be punished as provided in Section 33 of Ordinance No. 487.
SECTION 5: The City Clerk of the City of Anaheim shall certify to the
passage of this Ordinance and cause the same to be published once in the Anaheim
Bulletin, a newsyaper of general circulation, published and circulated in the City
of Anaheim, California, and it shall take effect thirty (30) days from and after
its final passage.
On roll call the foregoing Ordinance was duly passed and adopted by the
following vote:
AYES:
NOES:
ABSENT:
COUNCILr-IEN:
COUNCI LlvfEN:
COUNCILMAN:
Pearson, Wisser, Heying and Van Wagoner.
None.
Boney.
The Mayor declared the foregoing Ordinance duly passed and adopted.
The City Council adjourned to 8:00 o'clock P.M.. September 5, 1951 on
motion by C011ncilman Heying, seconded by Councilman Van Wagoner. MOTION CARRIED.
ADJOURNED.
SIGNED
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.t{.,<-L.........~ ~/t'
~ Ci ty Clerk
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