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1961/08/08 5016 City Hall, Anaheim, California - COUNCIL MINUTES - August 8, 1961, 3:00 PoMo The City Council of the City of Anaheim met in regular sessiono PRESENT: ABSENT: PRESENT: COUNCILMEN: Chandler, Coons, Fry, Thompson and Schutteo COUNCILMEN: Noneo ASSISTANT CITY MANAGER: Robert Daviso ASSISTANT CITY ATTORNEY: John Dawsono CITY CLERK: Dene Mo Williamso PUBLIC WORKS DIRECTOR: Thornton Piersallo CITY PLANNING DIRECTOR: Richard Reeseo ACTING CITY ENGINEER: James Maddox~ Mayor Schutte called the meeting to ordero RESOLUTION NOG 7101~ Councilman Chandler offered Resolution Noo 7101 for passage and adoptiono Refer to Resolution Booko A RESOLUTION OF THE CITY COUNCIL OF THE CTTY OF ANAHEIM APPROVING AND DIRECTING THE PAYMENT OF DEMANDS AGAINST THE CITY AS OF AUGUST 8, 19610 (Warrants Nosu 13417 and 13419 to 13666, both inclusive, totaling $324,812048) On roll call the foregoing Resolution was duly passed and adopted by the following vote~ AYES: NOES~ ABSENT: COUNCILMEN~ COUNCTLMEN: COUNCILMEN: Chandler, Coons, Fry, Thompson and Schutteo Noneo Noneo The Mayor declared Resolution Noo 7101 duly passed and adopted SIDEWALK WAIVER ~, ~LAUDINA PLACE: On the recommendations of the Engineering Department, Councilman Thompson moved that the request of Co-ordinated Construction, Inco, Wallace Stevenson, for waiver of sidewalk requirements on Claudina Place, being an industrial area, be grantedo Councilman Fry seconded the motiorL MOTION CARRIED@ REQUEST - SIDEWALK WAIVER, 3021 Wo Lincoln Roadg On the recommendations of the Engineering Department, Councilman Coons moved that the request of MrJ Primo, Anaheim Putt Putt, for waiver of sidewalk requirements at 3021 West Lincoln Road, be deniedo Councilman Chandler seconded the motion. MOTION CARRIEDo REQUEST .- SIDEWALK WAIVER, 3380 Keys Lane8 Request of Mro Earl Ko Ehlers for waiver of sidewalk at 3380 Keys Lane and to allow a cactus bed in this area, was submitted 0 Mro Maddox, Acting City Engineer, reported that a low block wall is already installed, as well as the cactus gardeno Further, that this was the only portion of Keys Lane without sidewalks, however, installation of sidewalks were included in the bond posted for said Tract Noo 1646, and to waive the sidewal.k at this location without a warning device would create a hazardous conditiono Councilman Chandler moved that the request for sidewalk waiver be denied, and that the Applicant contact the City Engineer for the purpose of considering abandonment to the curb line of this right-of~way, and further, that the City Engineer be authorized to require the removal of the cactus planting from the easement in the event the abandonment is not approved 0 Councilman Coons seconded the motiono MOTION CARRIED. REFUND: Refund to Rv Jo Noble Company of inspection fees in the amount of $79016, representing CityVs proportionate cost of the joint participation for the cOllitruction of Cies Street, was authorized, on the recommendations of the Assistant City Manager and City Engineer, on motion by Councilman Thompson, seconded by Councilman Fryo MOTION CARRIED. "_-"'--'...uc~~''''''h'.;''_'~"'';;''''~''''''"'~~_''''''-.;'" ~ 'i:.-.~,;{,-.-~. . ~ 5017 City Hall, Anaheim, California - COUNCIL MINUTES - Auq~t 8, 1961, 3:00 PoMo REQUEST TO USE PARK FACILITIES - POP WARNER FOOTBALL ASSOCIATION: Request of Wo Co Nichols, President, Anaheim Pop Warner Football Association, for permission to use various city park and school ground facilities during their coming season, was submitted, together with the recommendations of the Park and Recreation Departmento On the recommendations of Mro Lloyd Jo Trapp, which include necessary charges, said request was granted, on motion by Councilman Chandler, seconded by Councilman Coonso MOTION CARRIED. REQUEST - INTERIM BUSINESS LICEN~E: Request of Ao Ao Kevorkian to conduct used car sales business at 801 North Los Angeles Street while processing Conditional Use Permit to permit the remodeling of an existing building into an office, was submittedQ Discussion was held by the Council, and at the conclusion thereof, Councilman Chandler moved that an interim permit be granted to expire October 15, 1961, on condition that he apply for and obtain a Conditional Use Permit through the City Planning Commissiono Councilman Fry seconded the motiono MOTION CARRIED. REQUEST - BUSINESS LICENSE AND MOVING PERMIT: Request of W. Welsh Morningstar on behalf of the owners, for temporary permission to move a non-conforming building to the used car sales lot located at 325 South Los Angeles Street, was submitted Councilman Coons moved that the applicant be granted an interim business license to expire October 15, 1961, on condition that he apply for and obtain a Conditional Use Permit; further, that permission be granted to move the building onto the lot, subject to required moving permito Councilman Thompson seconded the moti.ono MOTION CARRIED. RECLASSIFICATION NO. 60-61-99: Request of Leonard Smith, Agent for the Applicant, __ for waiver of $2000 per front foot for street lighting purposes on Lincoln Avenue and Vine Street, as this property is within the bounds of that portion of the City for which street lighting assessments have already been paid, was submittedo Memorandum from George Fo Oelkers, Utility Director, recommending the waiver of street lighting charge on Vine Street only, was submitted and reado RESOLUTION NO. 7102g Councilman Chandler offered Resolution No. 7102 for passage and adoption, amending Resolution Noo 7099 in Reclassification Noc 60-61-99, by deleting therefrom the requirement of street lighting payment on Vine Street, as recommended 0 Refer to Resolution Booko A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 7099 IN RECLASSIFICATION PROCEEDINGS NOD 60-61-990 On roll call the foregoing Resolution was duly passed and adopted by the following vote~ AYES: NOES: ABSENT: ABSTAINED FROM VOTING: COUNCILMEN: COUNCILMEN: COUNCILMEN: Chandler, Fry, Thompson and Schutte. Noneo None. COUNCILMEN: Coons. The Mayor declared Resolution Noo 7102 duly passed and adopted. Councilman Coons requested the record to show that he did not vote on the above mattero ~~T-;.'''.-'~ ~~";.,,,..C,;"~;';'J4'''''''''''' 5018 City Hall, Anaheim, California - COUNCIL MINUTES - Auq~t 8, 1961, 3:00 PoMo RECLASSIFICATION NaG 60-61-83: Revised plans pertaining to Reclassification Noo 60-61~83 were presented for Council considerationo Plans were compared with the original plans in the reclassification fileo After review of said plans, Councilman Chandler moved the revised plans be denied, and the Applicant' informed that he will be required to secure a Conditional Use Permit to affect this requested changeo Councilman Coons seconded the motiono MOTION CARRIED. RECLASSIFICATION NO. 6~~61-11: Request of Robert Clagett, Architect for Drc Ho Lestmann, new owner of subject property, for 90-day extension of time to complete conditions outlined in Resolution Noo 6241, was submitted, and granted, on motion by Councilman Fry, seconded by Councilman Thompsono MOTION CARRIED. RECLASSIFICATION NOD 69-61-66: Request of Chip Chasin for six months extension of time to Reclassification Noo 60-61-66, was submitted, and granted on motion by Councilman Coons, seconded by Councilman Fryo MOTION CARRIED. EXTENSION OF TIME ~ RE~LASSIFICATIONS: Councilman Chandler requested the City AttorneyVs office to investigate and report at the next meeting, the possibility of the Engineering and Planning Departments handling administratively requests for extension of time, inasmuch as the position could be taken that the conditions are placed in the Resolution of Intention for performance, and if the Council declares no default, the conditions are not necessarily in default by reason of the time limito REQUEST = BUILDING PERMIT: Mr. Cecil Wright, Attorney representing Mr. Gurney, Glen-Aire Manufacturing Company, 601 So East Street, addressed the Council, relating the history of the zoning in this area, and advised that a building permit for the extension of the existing building has been denied on the grounds that the access road across the front of the property has not been establishedo He felt, for other reasons, the conditions established by the zoning ordinance were invalid, and thereupon requested relief so that Mra Gurney can expand his buildingo Mrc Joe Giesler, Assistant City Attorney, was of the opinion the basic question was what area was originally M-l and what area was originally R-3o That 160 feet from the property line was the dimension used in the rezoning of this particular parcel of property~ that the building which is presently existing is 153 feet from the property line, or seven feet into the property rezoned by the action which Mro Wright feels was illegalo In any event, he felt the area would still be R-3 as the conditions of rezoning to M-,l, and the matter of the street, have not been met, and if the Ordinance was ruled illegal, he was of the opinion that the entire Ordinance would be set aside and the zone would revert back to R-3, which would prohibit the M~l useo Mro Giesler further advised that the R-3 portion of the property immediately north of subject property extended 130 feet with a 20 foot alley, so the maximum area that could be considered R-3 was 150 feeto He felt there was a question as to whether the R-3 distance was 150 feet or 160 feet, be- cause the only reference was a small map on which an attempt was made to determine the distanceo He stated that specific measurements were available of the R-3/M-l tract immediately to the north, inwhich the M-l portion goes to within 150 feet from East Streeto At the conclusion of the discussion, it was moved by Councilman Thompson, that under the confusion pertaining to the dimension of the R-3 zoning, it be the findings of the City Council that the original map and the original R-3 area is 150 feeto Councilman Fry seconded the motiono MOTION CARRIEDo RECLASSIFICATION NOo 59-60~60: The former request of Voorheis-Trindle and Nelson, Inco, was submitted, to amend Resolutions of Intention pertaining to Reclassification Applications Noso F-59-60-60, F-60-61-20, dnd a portion of F-60~6l~36, as these properties were purchased by Rinker Development Company and were being processed as Tract Noo 38860 """,,--,,,,~,~,,,;,''',:.C'':'''';'...j~~''.~'':;''~~...",,,"''''''IIII'''' ~. ~ 5019 City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 8, 1961, 3;00 PoMo Tract Map of the area was reviewed by the City Councilo RESOLUTION NO. 7103: Councilman Thompson offered Resolution NOe 7103 for passage and adoption, amending Resolution Noo 5734 in Reclassification No 0 F-59-60-60', to make the boundaries of the proposed R-3 property co- terminous with the Tract Mapo Refer to Resolution Booko A RESOLtITION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 5734 IN RECLASSIFICATION PROCEEDINGS NO. F~59-60-600 On roll call the foregoinQ Resolution was duly passed and adopted by the following vote~ AYES: NOES: ABSENT: COUNCIIlv1EN: COUNCILMEN: COUNCILMEN: Chandler, Coons, Fry, Thompson and Schutteo Noneo None 0 The Mayor declared Resolution Noo 7103 duly passed and adoptedo TENTATIVE MAP - TRACT NOQ 3886: Request from Rinker Development Corporation for permission to record Tract Noo 3886 with the one foot streets, as indicated on the map, so that they will be able to recoup the cost of improvements and land when the adjacent property developes, was submittedo Mro Ao Ro McDaniel, engineer representing A. Ho Stoval, owner of the property immediately adjacent to this tract to the east, advised that Mr. Stoval has authorized him to write a letter to the developer of the tract, offering to pay 50% of the cost of the alleY9 however, requested protection so that at ome future date the payment would not exceed the actual cost of 50% of the alley fronting his clientOs propertyo Mro Maddox explained how the fair cost of development is determined and further verified the statement that not all of the adjacent owners were prepared to contribute their proportionate share of improvements at this timeo Mro Giesler reported that this could be taken care of by a recorded irrevocable offer of dedication made by the subdivider to the City and automatically bec~ome~.; dedicated to the City when the subdivider has been paid the amount determined by the Engineering Department as their fair portion of the street costso Councilman Coons moved that such a one~foot strip be approved, on the terms and conditions as outlined by Mro Gieslero Councilman Chandler seconded the motiono MOTION CARRIED. FINAL MAP - TRACT NOo 4152; Subdivider - Buccola Investment Company 0 Tract located on the northeast COTner of North Street and West Street, containing 9, R-O lotso (Variance Noo 1363) On the recommendations of the City Engineer, final map, Tract No. 4152, was submitted, reviewed and approved by the City Council, on motion by Councilman Fry, seconded by Councilman Coonso Councilman Chandler voted "no"o MOTION CARRIED. BUILDING PLANS - TRACT NOo 4152: Building plans for Tract Noo 4152 were submitted by Ao Ro McDaniel, Engineer for said tracto Said plans were reviewed by the Council, and approved on motion by Councilman Coons, seconded by Councilman Fryo MOTION CARRIED. FINAL MAP - TRACT NO. 3635; Subdivider, Katella Mortgage and Loan Companyo Tract located at the southwest corner of Romneya Drive and West Street, containing 15 R-3 lotso (Reclassification Noo F-59-60-40) On the recommendations of the City Engineer, final map, Tract Noo 3635, was approved, on motion by Councilman Thompson, seconded by Councilman Fryo MOTION CARRIED. .~~iiJ:k~-",,,,,''-~~.'';. - 5020 City Hall, Anaheim, Ca~ifornia - COUNCIL M1NUTES - Auqust 8, 1961, 3:00 PaMe RECLASSIFICATION NOo 60-61-108; City Planning Commissionos notice of withdrawal by the Applicant of Reclassification Noo '60-61-108, was submitted for Council informationo CORRESPONDENCE~ Councilman Chandler moved that the following correspondence be received and filed, adequate study to be given the ones which require studyo Councilman Fry seconded the motiono MOTION CARRIED. 10 Correspondence from City Planning Commission: ao Suggested Landscaping Standardso bo Regarding Northeast Industrial Sectiono Co City Planning Commission meeting scheduleo do Memorandum regarding helicopters. 20 Correspondence received regarding helicopters: ao Samuel Ao Freedman - dated August 1, 19610 bo Samuel Ao Freedman - dated August 2, 19610 Co Helga Lo Rickero do Fo Wo Parsley and Jewel Fo Parsleyo eo Petition containing 10 signatureso CONDITIONAL USE PERMIT NO. 118: Submitted by Naomi and Oliver Vanosse - trailer park on north side of Anaheim Road, between Blue Gum Street and Riverside Freewayo Request of Mro William No Johnson to proceed with development of the trailer park was submitted to the City Council at its meeting held July 25, 1961, and action deferred to this dateo On the request and consent of Mro Johnson, Council action was further deferred to August 15, 19610 CLAIM AGAINST THE CITY: Claim filed by Milford Wo Dahl, Attorney, on behalf of his client, Robert Jo Marshall, for various items of property damage, arising from the improvement of a certain easement, was submittedo Councilman Coons moved said claim be denied and referred to the City AttorneyQs Office and the Insurance underwritero Councilman Chandler seconded the motiono MOTION CARRIED. DIVIDER OPENING - LINCOLN AVENUE: Mro Davis reported on the results of the contact made with property owners on the north side of Lincoln Avenue regarding participation in the cost for providing a divider opening in Lincoln Avenue, near Brookhurst; that the property owners did not wish to participate as it was their opinion that an opening would be of no benefit to them at this locationo That Linbrook Hardware, however, has agreed to the payment of $1700000 toward the total cost of an estimated $2600000 for installation of the divider opening and left hand turn pockets, actually paying for the left hand turn pocket on the west bound traffic lane plus the divider opening, the City paying for the left hand turn pocket on the east bound traffic lane, as recommended by the Traffic Engineero Councilman Chandler moved that the following be the finding of the City Council: 10 That an eminently dangerous traffic condition exists at this particular place between Brookhurst and Empire Streetso 20 That it~ for the public welfare for the City of Anaheim to remove the dangerous conditiono 30 That we accept the offer of the Linbrook Hardware to contribute to the correction of the dangerous condition on condition that this work not be started until said contribution has been made by Linbrook Hardware 0 Councilman Thompson seconded the motiono MOTION CARRIEDG RECESS: Councilman Coons moved to recess until 7:00 PoMo Councilman Chandler seconded the motiono MOTION CARRIEDo (5:00 PoMo) AFTER RECESS~ Mayor Schutte called the meeting to order, all Members of the Council being presento ~4;";"t",,<<~'!i.-17T 5021 City Hal19 Anaheim9 California ~ COUNCIL MINUTES - Auqust 8, 1961, 3:00 PoMo FLAG SALUTE: Mayor Schutte led the audience in the Pledge of Allegiance to the Flago CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NOo 124: Submitted by Ralph Co and Mina Bolte, Owners, Kimberly Investments Company, Inco, Lessee; re- questing permission to construct high rise building, being hotel/motel and commercial development, restaurant and cocktail lounge on Parcels Noo 1 and 2 of property briefly described as the southeast corner of Harbor Boulevard and Midway Drive (1400 South Harbor Boulevard)o The City Planning Commission, pursuant to their Resolution Noo 274, Series 1960-61, granted said Conditional Use Permit Noo 124, subject to the following conditions; 10 Development substantially in accordance with plans presentedo 20 Preparation of street improvement plans for Midway Drive to JOln existing improvements on Manchester Avenue and installation of all improvements in accordance with approved standard plans on file in the office of the City EngineeTo 30 Payment of $2000 per front foot for street lighting purposes on Midway Drive and Manchester Avenueo 40 Payment of $2000 per front foot for street liqhting purposes on Harbor Boulevardo 50 Provision of parking facilities in accordance with Code requirements. Public hearing was continued from the meetings of July 11, 1961 and August 1, 1961 to allow for further meetings and report thereofo Letter received from Mro and Mrso Ray Headlee and Petition from motel property owners in the immediate area, supporting the protest filed by Disneyland, were submitted and reado The Mayor3sked if anyone wished to address the Councilo Mrso Jack Geller, 1540 Wo Juno Avenue, addressed the Council and presented a petition containing 26 signatures supporting the position of Disneyland in this mattero The Mayor asked if anyone else wished to address the Council, there being no response, declared the hearing closedo Councilman Chandler reported that the compromise submitted by Mr. Wynkoop was for a limitation of ten stories of habitable rooms, plus a 65 foot mechanical and ornamental penthouseo Mr. Edo Ettinger of Disneyland, stated he understood from the meeting this morning, that they were talking about a height limitation of 100 feet, not 165 feeto After further discussion, those interested in this matter adjourned to the office of the City Engineer for further negotiationso The group later returned to the Council Chambers and the matter was again consideredo Mro Foster, Attorney, presented DisneylandVs stipulation of agreement, which was read in full, agreeing to an additional 15 feet or an overall total height of 115 feeto Mr. Pomeroy, representing Mro Wynkoop, explained steps taken by them to this point, and explained their compromise of 3ry~ or the removal of four floorso He explained the need for the additional 35 feet for the housing of mechanical equipment, water storage tank, etco, and felt any further concession on their part would be unreasonableo He stated, in any event, this will require redesigningo The Mayor asked if anyone else wished to address the Council, there being no response, declared the hearing closedo """""'_oi,"~*,.<~ ~ --. ~_.'.,.~+",!""b;,~',,,,-:~_,.~'~."'.";O- 5022 City Hall, AnaheimL Calhfornia: COUNCIL MINUfES = Auqust 8, 1961, 3:00 PoMo RESOLUTION NO" 7l04: Counc Iman Coons stated in view of the last letter submi tted by Di~;;;Yla.nd this evening (dated August 8, 1961, Donn Bo Tatum, Executive Vice-PreSldent, Disneyland) offered Resolution Noo 7104 for passage and adoption, granting Condit_onal Use Permit Noo 124, and that incorporated in thi resolution, t be the finding of the Council, that 115 feet above grade level not an unreasonable height limitation for a building such as ha been proposed that is set back 400 feet from the easterly right-of=w2Y Ij.ne of Harbor Boulevard, between the Santa Ana Freeway and K3tella Avenue~ 2nd that the Conditional Use Permit also be subject to maxImum height lim:L tation of 115 feet, and that the other condi tions of the City PI,:mning Commiss on 0 s recommendations be included with the except~on of Cond on Noo 4 which calls for the payment of $2000 per front foot for street lighting purposes on Harbor Boulevard, due to the fact that they are formulating a street lighting district in which this area s part The uses granted by this Conditional Use Permit are: Hotel-Motel, High Rise Building, Restaurant and Cocktail Lounge (broad term "'c-ommerc :31 development'u deleted) 0 Further, the maximum height limitation of 15 feet to include the occupiable area plus any spires or stIuctures placed on top of the buildingo Refer to ResolutIon Bookc A RESOLUT ION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CON- DITIONAL USE PERMIT NO, 124 PERMITTING THE CONSTRUCTION OF A HIGH-RISE BUILDING, INCLUDING A HOTEL'"'MOTEL, RESTAURANT AND COCKTAIL LOUNGE ON THE PROPERTY HEREINAFTER DESCR~BEDo On roll cdl the foregoing Resolution was duly passed and adopted by the following vote~ AYES~ NOES: ABSENT ~ r'OUNCTLMEN ~ COUNCI LMEN : r;OUNCILMEN~ Chandler, Coons, Fry, Thompson and Schutteo None" Nonec The Mavor de~l~Ted Resolution NOe 7104 duly passed and adoptedo PUBLIC HEARING ", CO@1.lLQN,AL US~ PERMIT NO" l39~ Submitted by Robert Po Ralls, MoDo requesting perm~ . on to operate a hospital in conjunction with a medical center ~ on pTope ~lj.ed 1640 Wec~~ B:r03dway 0 Tj---e 'y P1J'lnrig r:omrrL No 0 8, S ere :. J q 61 6 q .l':'i n '":0 d -- j : d the followng l'ond~T nn on, pursuant to their Resolution Condit onal Use Permit, subject to Oevel pmpn.....;ub:c 3D t 1.1 y ::_ri ordance with plans presented for the Lmm,ed1t p development. OnlY, w~h the exception that the building be set back tpn fee+ . n order ~o provlde drj.veway access thirty feet in width, and that ny tU)' r8 dev8 opmenr ,:;tJ Jl L be r;ubject to the filing of a peti tion, outl n=_ng fu turf? f''>(tJ,1n on,; lccordance with Code requirements c Pray on at q ".h. r1 foot dr~veway extending southerly from Broadwav "or-."o'./ .de j' ScHi" e. c f emeI'gency vehicleso ~ n ':i: " on 0 _x toor, mc!. onry wall on the we'3t~ south, east i:.md OUt.fiPTJY [)I)[' on of ',he north boundary lineQ fr<;rp 1.1 cn t.: ~.he (~ ty Planning Commission was filed~ :-md pub], hPir')ig (hedu ed ~h d;j+e The M!YOI 1 ,mvonp W ';hgd 2ddrGss thG Councilo Dx R 11:: ('PfJOT[" ed on ".he preViOU actions taken by the Ci ty Councd reg.3I'd ng l}' e e~ ~-jb l' hrnen T of med c ::),1 center on subj ect property, which medj ente h3 bi=>8n rJl.:mned ~) .n(e 1955,) He stated their present plane: were f o~ the ,:)jP10p\y:en fi ,1' n i wi th ;:3. Cancer Detection Center havJng far 1+ e f Y' bo'h P}~ ent md out"pat ents, which wi.ll allow them to render 1 tot j tvpp or, jn(er r:a.re Ths cl nic will be the first of jts kind OTioqe rount Dr RJ j~ further reported on the training, background-md ou:c!lf ( Jt on~ of h m:"e.Lf (Hid h '3 partner, Dre Saroll, to rel1der the~e cerv:Lcp He +cA.~.ed h:~.t t ,3ppeared to him that the main objection wa th"t n(.rE~1ced tr~ff con B:roadwayo Because of this, -.-.,"'-_..._.,;;1..11.;;,,:;0;;; - 5023 City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 8, 1961, 3:00 PoMo a traffic count was obtained from the Traffic Engineer, and according to their estimation, traffic would be only increased by approximately 1%0 He felt this was a good use of the land and called attention to a presently existing professional development south of this locationo Regarding emergency treatment, Dro Ralls ldvised that if an emergency came in, they would take care of them, however, they are not designed for this type of serviceo --, Mr, Edward Whedon requested their letter of protest which they had filed,be reado He was informed that the Council had knowledge of the contents of said letter as it had been duplicated and copies furnished each Councilman. Mro Whedon asked why the wider driveways were required so as to accommodate emergency vehicles, if this service was not to be giveno That if traffic only increased 60 cars, it would be 60 more chances of a child being hurto Mro Robert Davis, Assistant City Manager, advised that the City Planning Commission, on July 24, 1961, corrected their minutes, by deleting Condition Noo 2 of their Resolution Noo 8, Series 1961-620 Mrso Ruth Miller~ 11792 Cathy Lane, Garden Grove, active with the American Cancer Society, addressed the Council, urging favorable consideration of this requesto She advised that the closest one for people in this area, is in Long Beacho She felt if a center was established here, that people will go there for their semi-annual checkup, and that this would be a tremendous service to the communityo Mro Edward River~, 1637 Tedmar, asked what assurance there was that this would not grow into a large hospital that will increase traffic and noiseo -, Mr, Rivera was informed of the requirements that would be necessary to alter anything not specifically authorized under this applicationo Oro Saroff addressed the Council for the purpose of answering any questions that anyone might have regarding the Cancer Detection Clinic, and also explained that general hospital facilities will be required to take care of the needso Regarding traffic, it was his opinion that traffic on Broadway will increase, whether they were there or noto Mrso Leona Whedon asked if the hospital was expanded, where would the expansion take place and where were the doctorOs offices going to be located. Dr~ Ralls explained the plans and proposed locations of the various parts of the hospitalo Councilman Chandler informed Dr. Ralls that this permit was tied to the plans submitted and any extension would require another application before the City Planning Commissiono There being no further discussion, the Mayor declared the hearing closed. Oro Ralls brought up the matter regarding the wall requirement and stated they would perfer to post a bond to insure construction of the wall in the event the adjacent property is developed for residential purposeso RESOLUTION NO. 7105: Councilman Coons offered Resolution Noo 7105 for passage and adoption, granting Conditional Use Permit Noo 139 in accordance with the City Planning Commission conditions, which excludes Condition Noo 2, and further, amending Condition Noo 3 to require the installation of the 6 foot masonry wall on the south side and that a bond be posted for the wall on the west and east sides so that if the adjacent property developes other than commercial, the wall will then be installedo Further, that ~.t.=~~~".i.C,~..~ 5024 City Hall. Anaheim, California - COUNCIL MINUTES - Auqust 8, 1961, 3:00 P.M. Condition Noo 1 be amended to read as follows: Development substantially in accordance with plans presented for the immediate development only, with the exception that the building be set back ten feet in order to provide 30 feet of clearance between the northeast corner of the building and the property line, and that any future development shall be subject to the filing of a petition, outlining said future expansion, in accordance with Code requirementso Refer to Resolution Booko A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NOo 1390 On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Chandler, Coons, Fry, Thompson and Schutteo None~ Noneo The Mayor declared Resolution Noo 7105 duly passed and adopted. PUBLIC HEARING - VARIANCE NO. 1373: Submitted by Stanley Bell, requesting permission to waive frontage and lot area requkements on property located 281 feet north of the centerline of La Palma Avenue and its westerly boundary being approximately 410 feet east of the easterly boundary of Brookhurst Street and extending northerly to the dead end of Lotus Streeto (Reclassification NoD 60-61-106 - Tract Noo 4233) The City Planning Commission, pursuant to their Resolution Noo 298, Series 1960~61, granted said variance, subject to the following conditions~ 10 Recordation of the Final Map of sUbject propertyo 20 Subject to the reclassification of subject property to the R-l, One Family Residential, Zoneo 30 Provision of a six foot masonry wall on the south and west boundary lines of the subject property where subject property abuts the C-l, Neighborhood Commercial, Zoneo 40 Time limitation of one hundred eighty days for the ac- complishment of Item Noso 1, 2 and 3 as required by Section 180640040 of the Anaheim Municipal Codeo Appeal from action taken by the City Planning Commission was filed and public hearing scheduledo The Mayor asked if anyone wished to address the Councilo Mr Ao Ru McDaniel addressed the Council, representing the Applicant, and advised that the appeal to the Variance pertained to the block wall requirement on the West and Southerly sides, as this particular piece of property is to be developed as an R-l Subdivisiono The property immediately adjacent to it on the West and South is presently vacant, but is zoned '~Commercial" 0 As it has never been the policy of the Ci ty to require a residential area to protect a commercial area, requested relief from the wall requiremento The Mayor asked if anyone else wished to address the Council, there being no response, declared the Hearing closedo RESOLUTION NOo 7106~ Councilman Coons offered Resolution Noo 7106 for passage and adoption, granting Variance Noo 1373, subject to the recommendations of the City Planning Commission, deleting therefrom Condition Noo 30 Refer to Resolution Booko kc,........-"..-..'c.>:~~'-_~.~",;\A~~~-',W,>~~,:~o.,; 5025 City Hall, Anaheim, California - COUNCIL MINUTES - August 8, 1961. 3;00 P.M. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 1373. On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Chandler, Coons, Fry, Thompson and Schutteo Noneo Noneo - The Mayor declared Resolution Noo 7106 duly passed and adopted. CONTINUED PUBLIC HEARING; RECLASSIFICATION NO. 60-61-106: Initiated by the City Planning Commission to consider reclassification of property from C-l to R-l, property described briefly as a parcel 255-feet by 359-feet located approximately 281 feet north of La Palma Avenue and 410-feet east of Brookhurst Street. (Tentative Map, Tract No. 4233 - Variance No~ 1373) Public Hearing was continued from the meeting of July 25, 1961, to be considered in conjunction with Variance No. 13730 City Planning Commission pursuant to their Resolution No. 297, Series 1960-61 recommended reclassification subject to the following: 1. Recordation of a Final Map of the subject propertyo 2. Subject to the approval of Petition for Variance No. 1373. The Mayor asked if anyone wished to address the Councilo No one addressed the Council and no written protests to said reclassifica- tIon were fi led in the offi ce of the Ci ty Clerk 0 Thereupon, the Mayor declared the Hearing, closed. RESOLUTION NO. 7107; Councilman Thompson offered Resolution No. 7107 for passage and adoption, authorizing preparation of necessary Ordinance changing the zone as requested, subject to the recommendations of the City Planning Commissiono .--., Refer to Resolution Booko A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGEDo (60--61-106, R-l) On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Chandler, Coons, Fry, Thompson and Schutte. Noneo None. The Mayor declared Resolution No" 7107 duly passed and adopted. PUBLIC HEARING: VARIANCE NO. 1377; Submitted by the Heirs of Carl Fluegge requesting permission to construct a storage garage on property lo- cated on the south side of Orangewood Avenue between Ninth and Loara Streetso 1532 Orangewood Avenueo The City Planning Commission, pursuant to their Resolution No. 4, Series 1961-62 denied said Variance. Appeal from action taken by the City Planning Commission was filed by Robert W. Mac Mahon, Authorized Agent for the Applicant, and Public Hearing scheduled. The Mayor asked if anyone wished to address the Council" iIj'IIiI..L-.':,'t!MIW'ij,!!!!...,:<it.",.;"",,"+,~,,;;.;i..~,..,,,,..1"4';'~~ 5026 City Hall, Anaheim, California - COUNCIL MINUTES - August 8, 1961, 3:00 P.M. Robert Mac Mahon, Attorney representing the Heirs of Carl Fluegge, addressed the Council relating the history of the present building on the property to which the requested storage garage will be attached, and explained that they wish to build this addition for the purpose of storing vehicles, boat and agricultural spray rigs and equipment which are parked in the open at the present time. He ex- plained the former uses of the building, as related to him by Mr. Fluegge, and further advised that arrangements with the Stanton Mill, the present users, have been terminated, and will be entirely removed from the pro- perty within ten to twenty days. The property will continue to be used by Mr. Fluegge for his own purposeso Mr. Mac Mahon pointed out that the use requested i.n the Variance is for a personal use and not connected with a commercial use similar tu the commercial uses to which the building has been put to in the past. He explained that when this area was annexed to the City of Anaheim, this existing building, which had been used for many purposes, came into the City as a non-conforming building; the Variance is necessary in order to allow this addition to a present non-conforming building. He further reported that the adjoining properties on both sides were used for commercial, or semi-commercial purposes. Mr. Joseph Geisler, Assistant City Attorney, related findings of a previous investigation made by the City AttorneyUs Office9 and stated that the building was built in county area prior to the County Zoning Ordinance and when no building permit was required within a certain distance from the streeto The only information obtained by their office was obtained from Mr. Fluegge, and to bring any action to stop a use~ their office would be without any grounds in which to declare that it was not as Mr. Fluegge says it is, that is, a non- conforming use of the property which was in existence at the time the area became a part of the City. Mr~ Herbert Licker, Attorney representing approximately 400 people in the area~ and also a resident in the area, addressed the Council advising that their basic problem was a deep and abiding con- flict as to whether there ever was a valid, legal non-conforming use of a non-conforming tuilding upon the land in question, together with the fact that we have a request for the use of the property which they felt in the pasts and if this variance be granted, in the future will be detrimental to the surrounding community. He further advised that statements have been made to other people that raise doubts as to whether this has been a continuous use, or a long time use for non-con- forming purposesa It seemed strange to him, that no evidence or effort has been made by the applicant to substantiate his claim@ He questioned why the applicant has requested the present users of the property to move, if they were legally correct in this operation. As far as the spray rigs go, Mr. Licker contended that this was the basic use of the property in the first instance. The fact that other non-conforming uses exist in the area, in his opinion, was no basis for the granting of another, and requested the Variance be denied. Section of the Anaheim Municipal Code pertaining to "Non- conforming UselJ was read and explained by Mr. John Dawson, Assistant City AttorneYa Mr. Fritz Krauth~ 1570, Tonia Lane, referred to the petion of protests filed with the City Planning Commission, containing over 400 signatures. He stated that a number of people in this area have requested Mr. Fluegge to remove orange trees for them, and have been advised that the only thing he would touch was a spray rig. It was his opinion that the Applicant was endeavoring to get some basis on which his land could be zoned for other than R-l. Mr. Don Crews, 1620 West Orangewood Avenue addressed the Council advising that he has known Mr. Clare Fluegge since 1953, and since that time he has sprayed their grove for them when it was neededo ii'"""_,,,".""'.d"'-""";",-,.J~...<":,',,. "'-_""_"~:_'"'_"""~' II ""'if' " "-q;>= '~"~.'-.'--. ~ 5027 City Hall, Anaheim, California - COUNCIL MINUTES - August 8, 1961, 3:00 P.M. He advised that Clare Fluegge has Ii ved on this property since his youth, and to deny him this variance would be in a way to deny him a "way of life". He further advised that he would testify, under oath, that since 1953 Mr. Fluegge has built five boats over a period of time, and definitely has a non-conforming use of a non-conforming property because prior to the time the area was annexed into the City, and in 1953 he established his woodworking operation. He agreed he probably had not continued the woodworking operation, but he had established it. ,- Mrs~ Dorothy Ralls (no address given) addressed the council in support of opposition presented, and requested the area remain R-l. Mr. Foster Warwich, 11532 Ninth Street, advised that there was no record in the County Planning Department or County Building and Safety Deparment of a permit issued to Mro Fluegge, and this was a County Ordinance requirement since 1945. Councilman Coons referred to City Planning Commission Resolution Noo 5, Series 1961-62 requesting the Council to initiate an investigation to determine the legallty of the alleged non-conforming use of this pro- perty, and before any action is taken on the Variance, felt that this determination should be made. At the conclusion of further discussion, Councilman Fry moved that said Public Hearing be continued three weeks (August 29, 1961) in order that additional evidence may be submitted supporting the prior non-conforming use of the land" Councilman Coons seconded the motion. MOTION CARRIED. CONTINUED PUBLIC HEARING: CITY PLANNING COMMISSION RESOLUTIONS NUMBERS 214, 215, and 216, Series 1960-61: Public Hearing was continued from the meeting of May 9, 1961 on the recommendations of the City Planning Commission that the Anaheim Municipal Code be amended as follows: SECTION 18.64.020 (I-E) PLANNED RESIDENTIAL SITE DEVELOPMENT on a parcel at least three (3) acres in size, where the structures are integrated with open and recreation areas serving as a central unifying element, where peripheral parking and circulation of vehicular traffic is provided, and where the living environment is determined to be more desirable than the normal subdivision type of development, subject to HPlanned Residential Site Development Standards". SECTION 18.640020 (4-G) PLANNED INDUSTRIAL SITE DEVELOPMENT. Subject to 9JPlanned Industri.al Site Development Standardsli. SECTION 18.20.030 (d-5) GARAGES 0 For all R-O uses the minimum off- street parking requirement shall be two spaces per dwelling unit in a garage. SECTION l8024.030 (5) GARAGES: For all R-l uses the mlnlmum off- street parking requirement shall be two spaces per dwelling unit in a garage. The Mayor asked if anyone wished to address the Council. There being no response declared the Public Hearing closed on the above re- commendations of the City Planning Commission. Councilman Coons moved that the decision of the Council on the recommendations of the City Planning Commission, as contained in their Resolutions Numbers 214, 215 and 216, be deferred to the next meeting for recommendation of the City Attorney as to whether or not these amendments be made at the present time. Councilman Fry seconded the motion. MOTION CARRIED" DINNER DANCING PERMIT: BIG DUDE: Application of Lincoln E. Cole for Dinner Dancing Permit for the Big Dude, 10879 Santa Ana Freeway, together with recommendations of the Chief of Police were submitted and read. ~;;:nv"1$c~-w,i','K",~~_- jilili!lliiliillii,,,"-~';;;;-;.:j;,.,jL....:,,,~'......_c''''-.'''...2..~;_',;_ 5028 City Hall, Anaheim, Ca!ifornia - COUNCIL MINUTES - AUQust 8, 1961, 3:00 PoMo Mro Lincoln Cole addressed the Council, explaining his plans for the business and that he now has a full time cook employed 0 That after his discharge from the Marine Cor~he also intends to build up a luncheon treGeu It was moved by Councilman Thompson, seconded by Councilman Coons, that the dinner dancing place permit be granted, subject to the recommendations of the Police Departmento MOTION CARRIED. RESOLUTION NOo 7108~ Councilman Fry offered Resolution Noo 7108 for passage and adoptiono Refer to Resolution Booko A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE PURCHASE AND ACQUISITION OF CERTAIN REAL PROPERTY FOR MUNICIPAL PURPOSESQ (Abdalla and Nora Anton) (Mary Ao Goodman Tract) On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES: NOES: ABSE NT : COUNCILMEN: COUNCILMEN: COUNCILMEN: Chandler, Coons, Fry, Thompson and Schutteo Noneo Noneo The Mayor declared Resolution Noo 7108 duly passed and adopted. RESOLUTION NOo 7109: Councilman Coons offered Resolution Noo 7109 for passage and adoptiono Refer to Resolution Booke A RESOLUTION OF THE CITY COUNCIL CF THE CITY OF ANAHEIM ACCEPTING A GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR MUNICIPAL PURPOSES 0 (Antonio and Margaret Torres) (Lot 24, Mary Ao Goodman Tract) On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES: NOES: ABSE NT : COUNCILMEN: COUNCILMEN: COUNCILMEN: Chandler, Coons, Fry, Thompson ffid Schutteo Noneo Noneo The Mayor declared Resolution Noo 7109 duly passed and adoptedo RESOLUTION NOo 7110: Councilman Chandler offered Resolution Noo 7110 for passage and adoption, Refer to Resolution Booko A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES 0 (AI francis, Inc 0 ) On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Chandler, Coons, Fry, Thompson and Schutteo Noneo Noneo The Mayor declared Resolution Noo 7110 duly passed and adoptedo CANCELLATION OF COUNTY TAXES: On motion by Councilman Chandler, seconded by Councilman Coons, the Orange County Board of Supervisors were requested to cancel county taxes on the following property acquired by the City of Anaheim for municipal purposes: Ida Mo Beat property - recorded July 17, 1961, Document Noo 9196 in Book 5785, Page 846 (pursuant to 5029 City Hall~ Anaheim, California - COUNCIL MINUTES - Auqust 8~ 1961, 3:00 PoMo Resolution Noo 7014) William Ho Montague property - recorded July 18, 1961 in Book 5787, Page 292, Document Noo 102620 (pursuant to Resolution Noo 7019) MOTION CARRIEDo RESOLUTION NOo 7111: Councilman Coons offered Resolution Noo 7111 for passage and adoptiono Refer to Resolution Booko A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: A FRAME AND STUCCO PUBLIC LIBRARY BUILDING, BRANCH NO,> 1, LOCATED AT 2650 WEST BROADWAY, IN THE CITY OF ANAHEIM, WORK ORDER NO. 4500; AND APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECI FICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETCe; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened September 7, 1961, 2:00 PoMa) On roll call the foregoing Resolution was duly passed and adopted by the following vote~ AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN~ Chandler, Coons, Fry, Thompson and Schutteo Noneo Noneo The Mayor declared Resolution No" 7111 duly passed and adoptedo ORDINANCE NO. 1607~ Councilman Chandler offered Ordinance Noo 1607 for first readingo AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 1, CHAPTER 1012, SECTION 10120070 SUBDIVISION (b) OF THE ANAHEIM MUNICIPAL CODEo (Unclaimed property) After hearing read in full the title of Ordinance Noo 1607 and having knowledge of the contents therein, Councilman Chandler moved the reading in full of said ordinance be waivedo Councilman Coons seconded the motiono MOTION lmANIMOUSLY CARRIED. PROPOSED ORDINANCE - CURFEW REGULATIONS: Proposed ordinance relating to curfew for minors was discussed and deferred for further amendments 0 FINANCIAL AND OPERATING REPORTS: Financial and operating reports for the month of July, 1961 were ordered received and filed, on motion by Councilman Coons, seconded by Councilman Fryo MOTION CARRIEDo CORRESPONDENCE: Correspondence not requiring vote of Council was ordered received and filed, on motion by Councilman Coons, seconded by Councilman Chandlero MOTION CARRIEDo ALCOHOLIC BEVERAGE LICENSE APPLICATIONS: The Assistant City Manager reported on the following applications for alcoholic beverage license: New Off-Sale General: Allison9s Market, 555 SOo Los Angeles Streeto Qenedici Shimel, 120 ~o Cenier Sireeio Gust Wo Krueger, 409 Wo Katella Avenueo Donald Ro Mueffelman, 403 Katella ~venueo William Jo Tansey, 401 Wo Katella Avenueo New On-Sale General: Thomas Ro Coughlin, 409 Wo Katella Avenueo Upon report of the Assistant City Manager, Councilman Coons moved that the City AttorneyUs Office be instructed to advise the Alcoholic Beverage Control Board that the application of To Ro Coughlin is located in a C-l zone, that a variance has been applied for and is pending, and request that they withhold action until said variance is acted upon by the Councilo Also, that they be advised that the applications located ,-~.,.".., ----'"21-"';;4- --""~'~."..~~.:>',,","-_. --... ,- 5030 City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 8, 1961, 3:00 PoMo on Katella Avenue are all within the same building and that protest be made on the basis that there is no distance separating the locationso Councilman Fry seconded the motion. MOTION CARRIED. 1961 WEED ABATEMENT: On motion by Councilman Fry, seconded by Councilman Coons, payment of $14,233055 payable to Commercial Lot Cleaning Company for the 1961 Weed Abatement and Debris Removal Program, was authorizedo MOTION CARRIEDo DYKE WATER COMPANY: Letter from Dyke Water Company pertaining to water services for fire hydrants was ordered received and filed and referred to the City AttorneyVs Office for investigation and replY9 on motion by Councilman Chandler, seconded by Councilman Coons~ MOTION CARRIED. ADJOURNMENT: motiono Councilman Coons moved to adjourno MOTION CARRIED. Councilman Fry seconded the ADJOURNED~1l:30, PoMo) . _, SIGNED: ~ ~ dl.:i~ City Clerk City Hall. Anaheim. California - COUNCIL MINUTES - Auqust 15. 1961. 3:00 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCILMEN: Chandler, Coons, Fry, Thompson and Schutte. COUNCILMEN: None. ASSISTANT CITY MANAGER: Robert Davis. ASSISTANT CITY ATTORNEY: Joseph Giesler. CITY CLERK: Dene M. Williams. PUBLIC WORKS DIRECTOR: Thornton Piersall. CITY ENGINEER: James Maddox. CITY PLANNING DIRECTOR: Richard Reese. Mayor Schutte called the meeting to order. MINUTES: Minutes of the City Council meetings held August 1, 1961 and August 8, 1961, were approved, on motion by Councilman Chandler, seconded by Councilman Coons. MOTION CARRIED. RESOLUTION NO. 7112: Councilman Chandler offered Resolution No. 7112 for passage and adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND DIRECTING THE PAYMENT OF DEMANDS AGAINST THE CITY AS OF AUGUST 15, 1961. (Warrants Nos. 13667 to 13677, both inclusive, totaling $304,050.79) On roll call the foregoing Resolution was duly passed and adopte d by the following vote: AYES: NOES: ABSENT: COUNCILMEN: COUNC I LME N: COUNC ILMEN: Chandler, Coons, Fry, Thompson and Schutte. None. None. The Mayor declared Resolution No. 7112 duly passed and adopted.