1971/03/2371 -174
City Hall, Anaheim, California COUNCIL MINUTES March 23, 1971, 1:30 p.m.
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCILMEN: Roth, Thom and Pebley
ABSENT: COUNCILMEN: Stephenson, button
PRESENT: CITY MANAGER: Keith A. Murdoch
ASSISTANT CITY MANAGER: Robert M. Davis
CITY ATTORNEY: Joseph B. Geisler
CITY CLERK: Dene M. Daou$t
CITY ENGINEER: James P. Maddox
ZONING SUPERVISOR: Charles Roberts
Mayor Pro Tem Pebley called the meeting to order.
INVOCATION: Reverend Harry A. McPheeters of the United Methodist Church
gave the Invocation.
FLAG SALUTE: Councilman Roth led the Assembly in the Pledge of Allegiance
to the Flag.
RESOLUTION OF SUPPORT: Councilman Thom offered a proposed Resolution of support
and endorsement for Operation Alert, sponsored by Operation Alert of
Southern California in cooperation with the Institute for American Strategy
and the American Security Council, to be held May 24 through May 27, 1971,
at the Convention Center, as recommended by Mayor Dutton, subject to
approval of Councilman Stephenson.
MINUTES: Minutes of the Anaheim City Council regular meeting held February 23,
1971, were approved on motion by Councilman Thom, seconded by Councilman
Roth. MOTION CARRIED.
WAIVER OF READING ORDINANCES AND RESOLpTIONS: Councilman Thom 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
reading of the title, specific request is made by a Councilman for the
reading of such ordinance or resolution. Councilman Roth seconded the
motion. MOTION UNANIMOUSLY CARRIED.
REPORT FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the
amount of $224,844.56, in accordance with the 1970 -71 Budget, were approved.
PUBLIC DANCE PERMIT: Application filed by Mrs. Isabel A. Lopez on behalf of
Sociedad Progresista Mexicana Logia No. 24 for permit to conduct public
dance April 11, 1971, from 4:00 p.m. to 8:00 p.m. at Carpenters' Hall, 608
West Vermont 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 Thom, seconded by Councilman Roth. MOTION
CARRIED.
PUBLIC DANCE PERMIT: Application filed by Mrs. Isabel A. Lopez on behalf of
Sociedad Progresista Mexicana Logia No. 24 for permit to conduct public
dance May 9, 1971, from 4:00 p.m. to 8:00 p.m. at Carpenters' Hall, 608
West Vermont 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 Thom, seconded by Councilman Roth. MOTION
CARRIED.
PUBLIC DANCE PERMIT: Request of Mrs. Chloe Karr, on behalf of the National Cystic
Fibrosis Research Foundation, Orange County Chapter, for permit to conduct a
public dance March 28, 1971, from 7:00 p.m. to 10 :00 p.m. at Loara High School,
1765 Cerritos Avenue, was submitted and granted, subject to provisions of
Chapter 4.16 of the Anaheim Municipal Code and requirements of the Chief of
Police as provided in Chapter 4.16.080 relative to the number of officers
necessary to police the dance, on motion by Councilman Roth, seconded by
Councilman Thom. MOTION CARRIED.
City Hall, Anaheim, California COUNCIL MINUTES March 23, 1971, 1:30 p.m.
Council discussion followed.
Zoning Supervisor Charles Roberts advised that instructions
have been issued in the Development Services Department that in the
future when such a building permit is applied for, a statement is to be
written on the permit that said permit is only for produce grown on the
premises.
Refer to Resolution Book.
71 -175
DINNER DANCING PLACE PERMIT: Application filed by Al Allen on behalf of Flag's
Restaurant, Inc., for dinner dancing place permit to allow dancing nightly
from 9:00 p.m. to 2 :00 a.m. at Mr. Stox Restaurant, 1105 East Katella 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 Thom, seconded by Councilman Roth. MOTION CARRIED.
PRODUCE STAND WAGNER AVENUE AND STATE COLLEGE BOULEVARD: Request of attorney
Warren L. Schutz was submitted that the temporary berry stand owned by Bart
Diamatteo and located on church property on the southeast corner of Wagner
Avenue and State College Boulevard be permitted to remain in operation for
three months in order to recoup the money spent erecting this stand, even
though this stand has been declared illegal by the City of Anaheim in that
the produce sold in that stand is not grown on the property on which it is
erected. His letter also stated that, subsequent to Mr. Diamatteo being
informed he could not sell anything in the stand that had not been grown on
the property, he had discontinued this practice and now was selling only
strawberries grown on the property across State College Boulevard (former
Wagner property leased out by the City of Anaheim for growing strawberries).
Also submitted was report of the Development Services Department
that Mr. Diamatteo was informed of the regulations governing erection of a
temporary produce stand at the time his permit was issued, and that the
alleged illegal use of this stand was brought to their attention by a person
who was required to cease operation of a similar stand.
The City Attorney advised that inspection of the stand in question
on March 22 showed it to be completely portable, and thus there would be no
problem in moving it to another location; also, the produce sold at the
stand was general produce, and even the strawberries being sold indicated
they came from several of Mr. Diamatteo's locations other than the property
across State College Boulevard. He added that thus far the sale of straw-
berries from land leased from the City never has been permitted; also, the
City property across State College Boulevard where strawberries are grown is
fenced and there are no parking facilities available.
Councilman Roth suggested that at the time a permit is issued to
erect a temporary produce stand, the applicant be required to sign a state-
ment that he understands the ordinance governing such operation.
On motion by Councilman Thom, seconded by Councilman Roth, Mr. Dia-
matteo was granted 15 days in which to cease and desist operation of the
produce stand at this location, and to remove the stand and clear the property.
MOTION CARRIED.
The City Manager was instructed to investigate the possibility of
renegotiating the lease on the Wagner property across the street on State
College Boulevard to allow a produce stand for the sale of strawberries grown
on that land.
RESOLUTION NO. 71R -109 AWARD OF WORK ORDER NO. 4927: In accordance with recom-
mendations of the City Engineer, Councilman Thom offered Resolution No. 71R-
109 for adoption.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED
PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE
FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL
UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING
ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT:
71 -176
City Hall, Anaheim, California COUNCIL MINUTES March 23, 1971, 1:30 p.m.
INSTALLATION OF STREET LIGHTING IN TRACT NO. 1948 IN THE CITY OF ANAHEIM,
WORK ORDER NO. 4927 (E. D. Johnson Company, $10,749.00)
adopted.
adopted.
Roll Call Vote:
AYES: COUNCILMEN: Roth, Thom and Pebley
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Stephenson, DuLton
The Mayor Pro Tem declared Resolution No. 71R -109 duly passed and
RESOLUTION NO. 71R-110 STREET LIGHTING ASSESSMENT DISTRICT 1970-1: Councilman
Pebley offered Resolution No. 71R -110 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT
ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING ASSESSMENT DISTRICT
1970 -1 FOR THE FIRST CONTRACT YEAR, FOR THE AMOUNT ESTIMATED TO BE NECESSARY
TO IMPROVE THE STREET LIGHTING SYSTEM FOR THE ENSUING CONTRACT YEAR ($9.61 per lot)
Roll Call Vote:
AYES: COUNCILMEN: Roth, Thom and Pebley
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Stephenson, Dutton
The Mayor Pro Tem declared Resolution No. 71R -110 duly passed and
RESOLUTION NO. 71R -111 STREET LIGHTING MAINTENANCE DISTRICT 1970 -1: Councilman
Pebley offered Resolution No. 71R-111 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DIRECTING THE SUPERIN-
TENDENT OF STREETS TO ISSUE AN INTERDEPARTMENTAL PURCHASE ORDER FOR THE IN-
PROVEMENT OF THE STREET LIGHTING SYSTEM OF STREET LIGHTING MAINTENANCE DISTRICT
1970 -1
adopted.
RESOLUTION NO. 71R -112 WORK ORDER NO. 609 -B: Upon receipt of certification from
the Director of Public Works, Councilman Roth offered Resolution No. 71R -112
for adoption.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE
COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND
EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND
WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE
THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE CERRITOS AVENUE STREET IMPROVE-
MENT, FROM APPROXIMATELY 1400 FEET EAST OF TO 150 FEET EAST OF EUCLID STREET,
IN THE CITY OF ANAHEIM, WORK ORDER NO. 609-B (John Ewles)
adopted.
Roll Call Vote:
AYES: COUNCILMEN: Roth, Thom and Pebley
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Stephenson, Dutton
The Mayor Pro Tem declared Resolution No. 71R -111 duly passed and
Refer to Resolution Book.
Roll Call Vote:
AYES: COUNCILMEN: Roth, Thom and Pebley
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Stephenson, Dutton
The Mayor Pro Tem declared Resolution No. 71R-112 duly passed and
71 -177
City Hall, Anaheim, California COUNCIL MINUTES March 23, 1971, 1:30 p.m.
RESOLUTION NO. 71R -113 WORK ORDER NO. 605 -B: Councilman Pebley offered Resolu-
tion No. 71R -113 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION
NO. 71R -102 BY CHANGING THE DATE FOR THE OPENING OF SEALED PROPOSALS (BROOK
HURST IMPROVEMENT, W.O. NO. 605 -B) (Bids to be opened April 22, 1971, 2 :00 p.m.)
adopted.
adopted.
Roll Call Vote:
AYES: COUNCILMEN: Roth, Thom and Pebley
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Stephenson, Dutton
The Mayor Pro Tem declared Resolution No. 71R -113 duly passed and
RESOLUTION NO. 71R-114 DEEDS OF EASEMENT: Councilman Roth offered Resolution
No. 71R -114 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN
DEEDS AND ORDERING THEIR RECORDATION (The State of California; Dale E. Fowler
and Sarah Ann Fowler; Victor Peltzer and Irma Peltzer; Geary -Dunn Development
Corporation)
Roll Call Vote:
AYES: COUNCILMEN: Roth, Thom and Pebley
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Stephenson, Dutton
The Mayor Pro Tem declared Resolution No. 71R -114 duly passed and
RESOLUTION NO. 71R-115 SETTLEME,NT OF EMINENT DOMAIN: On recommendation of the
City Attorney, Councilman Roth offered Resolution No. 71R -115 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM COMPROMISING CERTAIN
EMINENT DOMAIN LITIGATION, ACCEPTING A CERTAIN EASEMENT DEED, AND AUTHORIZING
AND DIRECTING PAYMENT THEREFOR (Lincoln /Brookhurst Paul Ruth Knaak $51,000)
Roll Call Vote:
AYES: COUNCILMEN: Roth, Thom and Pebley
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Stephenson, Dutton
The Mayor Pro Tem declared Resolution No. 71R -115 duly passed and
adopted.
PURCHASE OF EQUIPMENT ROLLER WITH TRAILER: Mr. Murdoch reported on informal
bids received for the purchase of one 2-3 ton roller with trailer as follows,
and recommended acceptance of the low bid:
VENDOR TOTAL AMOUNT, INCLUDING TAX
Blystone Equipment Co., Santa Ana
Essick Machinery Co., Santa Ana
$6,077.40
6,130.95
On motion by Councilman Pebley, seconded by Councilman Thom, the
low bid of Blystone Equipment Company was accepted and purchase authorized in
the amount of $6,077.40, including tax. MOTION CARRIED.
71- 178
City Hall, Anaheim, California COUNCIL MINUTES March 23, 1971, 1:30 p.m.
CLAIMS AGAINST THE CITY: The following claims against the City were denied, as
recommended by the City Attorney, and ordered referred to the insurance car-
rier, on motion by Councilman Pebley, seconded by Councilman Thom:
a. Claim submitted by Thomas M. Whaling, Attorney, on behalf of
Sharon L. Givans, for purported personal injuries sustained on or about
November 16, 1970.
b. Claim submitted by Overholt Overholt, on behalf of Jerome
Wolfenstein, for purported personal injuries sustained on or about December 8,
1970.
c. Claim submitted by The Stuyvesant Insurance Group for reimburse-
ment of a loss in paying a claim (Re: Scott Finley Van Vactor) for purported
personal property damages sustained on or about November 20, 1970.
adopted.
MOTION CARRIED.
APPLICATION TO FILE LATE CLAIM: It was moved by Councilman Roth, seconded by
Councilman Thom, that permission to present late claim submitted by Richard
Bryson, Attorney, on behalf of Ray W. Grimm, Jr., for purported personal in-
juries sustained on or about October 2, 1970, be denied, as recommended by
the City Attorney's office. MOTION CARRIED.
RESOLUTION NO. 71R -116 ANIMAL CONTROL: Councilman Pebley offered Resolution No.
71R -116 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM EXTENDING THE AGREE-
MENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF ANAHEIM RELATING TO ANIMAL
CONTROL
Roll Call Vote:
AYES: COUNCILMEN: Roth, Thom and Pebley
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Stephenson, Dutton
The Mayor Pro Tem declared Resolution No. 71R -116 duly passed and
CORRESPONDENCE: The following correspondence was ordered received and filed on
motion by Councilman Thom, seconded by Councilman Roth:
a. Orange County Mosquito Abatement District Minutes Febru-
ary 18, 1971.
b. Parks and Recreation Commission Minutes February 18, 1971.
MOTION CARRIED.
ORDINANCE NO. 2917: Councilman Pebley offered Ordinance No. 2917 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICI-
PAL CODE RELATING TO ZONING (69 -70 -50 R -3)
adopted.
Roll Call Vote:
AYES: COUNCILMEN: Roth, Thom and Pebley
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Stephenson, Dutton
The Mayor Pro Tem declared Ordinance No. 2917 duly passed and
City Hall, Anaheim, California COUNCIL MINUTES March 23, 1971, 1:30 p.m.
ORDINANCE NO. 2918: Councilman Thom offered Ordinance No. 2918 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 (No parking
portions of Santa Ana Street and Katella Avenue)
ORDINANCE NO. 2919: Councilman Pebley offered Ordinance No. 2919 for first reading.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.20, SECTION
14.20.070(a) OF THE ANAHEIM MUNICIPAL CODE, RELATING TO TRAFFIC (Through
Highways)
LEAGUE OF CALIFORNIA CITIES LEGISLATIVE INSTITUTE: Mr. Murdoch called attention
to the upcoming Mayors' and Councilmen's Legislative Institute, sponsored by
the League of California Cities, to be held May 10 -12, 1971, in Sacramento.
adopted.
Councilman Thom indicated he would attend.
SECURITY GUARD PRELIMINARY MISS ANAHEIM PAGEANT: Mr. Murdoch submitted request
of the Women's Division of the Anaheim Chamber of Commerce that the City of
Anaheim, as co- sponsor of the Miss Anaheim Pageant, provide a security guard
for the preliminary Pageant to be held from 6 :00 p.m. to 11:00 p.m., March 30,
1971, at Fremont Junior High School, 608 West Lincoln Avenue.
On motion by Councilman Thom, seconded by Councilman Roth, provision
of a security guard was authorized as requested. MOTION CARRIED.
RESOLUTION NO. 71R-117 Councilman Roth offered Resolution No. 71R -117 for
adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AND DIR-
ECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE COUNTY OF
ORANGE RELATING TO THE IMPROVEMENT OF BALL ROAD AND GILBERT STREET (Orange
County Agreement No. 271 -413)
Roll Call Vote:
AYES: COUNCILMEN: Roth, Thom and Pebley
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Stephenson, Dutton
71-179
The Mayor Pro Tem declared Resolution No. 71R -117 duly passed and
STADIUM PAYROLL ACCOUNT: Mr. Murdoch submitted a proposed Resolution authorizing
entering into an agreement creating a Stadium Payroll Account with the
Santa Ana office of the Bank of California, designating the Mayor and Finance
Director of the City of Anaheim to sign all warrants, drafts and checks to be
drawn against this account, to be used for handling the part -time payroll
for Stadium events where the California Angels are the tenant.
Mr. Murdoch reported that last year Pierose Maintenance Corporation
had contracted with the City of Anaheim to handle this payroll; however,
they had indicated a desire to increase their charge for this service this
year. The cost of this service must be reimbursed to the City by the
California Angels; therefore, the Angels have requested that the City handle
this account through their regular bank, Bank of California in Santa Ana,
which bank has agreed to do this service for the California Angels at either
no extra charge or a very nominal charge.
Mr. Murdoch further advised that, under the terms of the contract
with the California Angels, they must reimburse the City for services such
as this; however, they do not have to accept the contractor proposed by the
City if they have a satisfactory reason.
71 -180
City Hall, Anaheim, California COUNCII MINUTES March 23, 1971, 1:30 p.m.
Signed
Councilmen Thom and Pebley stated they would prefer this account
be placed with an Anaheim bank.
The City Council requested the City Manager to discuss with the
California Angels the possibility of placing this account with an Anaheim
bank, and also contact local banks to determine what arrangements could be
possible for such a service, and bring the item back to the Council on
March 30, 1971.
CATV: Assistant City Manager Robert Davis reported that some cities (Fresno,
California, for example) have included in their ordinance for a Cable
Antenna Television system franchise the provision that a one -time fee of
up to $50,000 be paid to the city on granting of an exclusive franchise.
The City Council instructed the City Manager's office to revise
the proposed ordinance and specifications to include a provision for a
one -time fee to be paid to the City of Anaheim, and also change the franchise
designation from "non- exclusive" to "exclusive," for full Council considera-
tion March 30, 1971.
ADJOURNMENT: Councilman Thom moved to adjourn; Councilman Roth seconded the
motion. MOTION CARRIED.
ADJOURNED: 2 :40 p.m.
City Clerk
City Hall, Anaheim, California COUNCIL MINUTES March 30, 1971, 1:30 p.m.
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton
ABSENT: COUNCILMEN: None
PRESENT: CITY MANAGER: Keith A. Murdoch
ASSISTANT CITY MANAGER: Robert M. Davis
CITY ATTORNEY: Joseph B. Geisler
CITY CLERK: Dene M. Daoust
CITY ENGINEER: James P. Maddox
ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson
ZONING SUPERVISOR: Charles Roberts
ASSOCIATE PLANNER: Don McDaniel
Mayor Dutton called the meeting to order.
INVOCATION: Reverend Wesley Sundin of the Salvation Army gave the
Invocation.
FLAG SALUTE: Councilman Stephenson led the assembly in the Pledge of
Allegiance to the Flag.
RESOLUTION MINNIE ROJAS: A Resolution extending best wishes for a rapid re-
covery and sincere hope for good fortune in the years to come to Minnie Rojas
and his family was unanimously adopted by the City Council.
RESOLUTION OF COMMENDATION: A Resolution commending the Orange County Council of
Y.M.C.A. for their Annual Good Friday Breakfast, to be held April 9, 1971,
was issued by Mayor Dutton and unanimously approved by the City Council.
MINUTES: Minutes of the Anaheim City Council regular meetings held March 2, 9, 16
and 23, 1971, were approved on motion by Councilman Pebley, seconded by
Councilman Thom. Councilmen Stephenson and Dutton abstained/on the March 23,
1971, minutes. MOTION CARRIED. from voting
MI N.UTTES: Minutes of the Anaheim City Council regular meetings held_
16 roved on motion_ ky_CouneitmariPabley, seconded by
Councilman Thom. Coun •4 •stained from voting on
th .Marek- 1, minutes. MOTION CARRIED.
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