Loading...
1959/05/053342 City Hall, Anaheim, California May 5, 1959 7:00 P.M. The City Council of the City of Anaheim met in adjourned regular session. PRESENT: COUNCILMEN: Borden, Coons, Fry, Pearson and Schutte. ABSENT: COUNCILMEN: None. PRESENT: CITY MANAGER: Keith A. Murdoch. CITY ATTORNEY: Preston Turner. CITY CLERK: Dene M. Williams. CITY ENGINEER: Thornton Piersall. CITY PLANNING DIRECTOR: Robert W. Mungall. Mayor Schutte called the meeting to order. PUBLIC HEARING RECLASSIFICATION NO. F- 58- 59 -68: Submitted by Tietz Construction Company, requesting a change of zone from R -1 to C -1, property described as Lots 1, 2, 47, 48 and 49 of Tract No. 3240 (south side of Katella Avenue, between Ninth Street and Euclid Avenue) The City Planning Commission, pursuant to their Resolution No. 192, Series 1958 -59, and by mutual consent of the proponents and opponents, granted Special Use Permit No. 34, allowing the buildings to be used for business and professional uses, subject to the following: 1. That the residential appearance of the buildings as presently constructed be maintained. 2. That the parking area to be at the rear of the building fronting on Katella Avenue as shown by plans presented. 3. That the buildings be used for Business and Professional Offices or a combination of residents and offices. 4. That the ten foot driveway on the East boundary of the property be eliminated. 5. That a 6 foot masonry wall be erected on Lot 49 or next to any R -1 property. The Mayor asked if anyone wished to address the Council. Mr. Turner advised that the Code does not authorize a Special Use Permit for this particular use, as it is C -1 zoning they are seeking. This would necessarily have to be changed to C -1 zoning or would require an application for variance. No Resolution has been adopted by the City Planning Commission recommending the zone; that the Special Use Permit as granted by them had not been advertised as the purpose for which the public hearing was held. Under these circumstances, he felt the matter should be referred back to the City Planning Commission for either recommendation on the requested zone change or for the filing of a variance. Mr. Knisely, Attorney for the Applicant, and Mr. Mungall explained the conditions under which the Special Use Permit was agreed to, and thereupon granted by the City Planning Commission. On the advice of Mr. Turner, Councilman Pearson moved that this application be returned to the City Planning Commission for readvertising and action thereon at their next meeting. Councilman Fry seconded the motion. MOTION CARRIED. PUBLIC HEARING RECLASSIFICATION NO. F- 58- 59 -76: Submitted by George A. Henry, requesting change of zone from R -A to R -3, property described, briefly, as located on the west side of Velare Street, from Orange Avenue south to Conley Avenue, and the two parcels located on the east side of Magnolia Avenue, approximately 780 feet south of Orange Avenue. The City Planning Commission, pursuant to their Resolution No. 196, Series 1958 -59, approved changing the subject properties from R -A, Residential Agricultural, to R -3, Multiple Family Residential, subject to the following conditions: 1. The filing of Standard R -3 Deed Restrictions of the City of Anaheim. 2. The dedication of 32 ft. from center line of Velare Street. 3. The dedication of 53 ft. from center line of Magnolia Avenue. 4. Prepare street improvement plans and install all improvements in accordance with approved standard plans on file in the office of the City Engineer. 5. Payment of $2.00 per front foot for street lighting purposes on both Magnolia Avenue and Velare Street. Ci t Hall Anaheim California Ma 5 1959 7:00 P. M. 6. That a 90 day time limit be set for the accomplishment of the above conditions. 3343 The Mayor asked if anyone wished to address the Council. Mr. Don L. Gesler, Agent for the Applicant, was present at the meeting, and clar,fied the requirement of one story construction. Mr. Charles Newbury 230 Monument Street, addressed the Council in opposition to the rezoning, as the area from Gilbert Street west is presently wxclusively R -1, and in his opinion, the induction of R -3 zoning would be a detriment to the entire area. Rev. Wichner addressed the Council, calling attention to the location of Mr. Newberry °s residence, which he felt was outside the effected area, and also remanded the City Council that the reason the R -3 zoning was previously denied was due to the fact that the buildings proposed at that time were two story structures. Mr. Theodore F. Hamm, 9611 Magnolia Avenue, addressed the Council in opposition to the rezoning. After further discussion, Councilman Pearson moved that action be withheld and the hearing,continued to next meeting (May 12, 1959) and requested that the planning staff make a layout of the property to see if the property lends itself to a layout satisfactory for R -1 purposes. Councilman Fry seconded the motion. To this motion, Councilman Borden voted "no MOTION CARRIED. PUBLIC HEARING RECLASSIFICATION NO. F- 58- 59 -77: Submitted by Joe D. Kopsho, Jr. requesting change of zone from R -A to C -1 and R -3, property described, briefly, as Tentative Map, Tract No. 3372, located south of Catherine Drive between Loara Street and Euclid Avenue. The City Planning Commission, pursuant to their Resolution No. 197, Sri es 1958 -59, recommended C -1 zoning for the West 343.5 feet and the balance of the property, R -3, subject to the following conditions: 1. The filing of R -3 Deed Restrictions as standard with the City of Anaheim, one condition of which is that no apartments be built over any garage. 2. That there be an alley and 6 foot masonry wall along the North side of the property. 3. That there be a dedication to the City of Anaheim of 53 feet on Euclid Avenue. 4. That there be a dedication to the City of Anaheim of 32 feet on Loara Street. 5. Payment of $2.00 per front foot for street lighting purposes. 6. Prepare street improvement plans and install all improvements in accordance with standard approved plans in the Office of the City Engineer. 7. That a subdivision map be filed. 8. That a 90 day time limit be set for the accomplishment of the above conditions. The Mayor asked if anyone wished to address the Council. In reference to the distance of the property proposed for C -1 zoning, the requirement of a wall and alley location, the proposed map was placed upon the bulletin board and these requirements were outlined and explained by Mr. Mungall. Mr. L. F. Pack, 139 E. Dexter Street, Covina, California, Engineer, Buyer and Subdivider of the property, explained their proposed development. He stated that the character of the area, which has already been established with the Broadway Apartments adjoining their property to the south, and the tentative proposed R -3 zoning on the master plan, makes this an ideal location for this type of development. He clarified the fact that they propose, to develop two story st ructures, Mr, Neil W. McGill, 1522 Catherine Drive, addressed the Council, and referred to the petition submitted by him to the City Planning Commission, con- 3344 City Hall, Anaheim California May 5, 1959 7 :00 P.M. taining 152 names of property owners in the immediate area in opposition to the granting of this reclassification. He felt that the commercial zoning at this time on Euclid Avenue was premature. With reference to the safety of the school children, he called attention to the hazardous traffic conditions that would be created by the allowance of this use. Others addressing the City Council in opposition to the granting of the rezoning and stating their reasons therefor, were: Mr. W. L. McDonald, 1523 Catherine Drive, and Mr. BO van Rassel, 1011 N. Loara Street. Mr. Kopsho, present owner of the property, addressed the Council, calling attention to the fact that the lots as shown on the tentative map are nearly twice the minimum required size and assured the Council that this would be a high class development. Reference was also made to the proposed new comprehensive zoning ordTnance, wherein two -story units are not permitted within 50 feet of R -1 development. He further explained that their plan of development would be in excess of the 50 foot clearance. There being no further discussion, the Mayor declared the hearing closed. Councilman Coons stated, with reference to the previous rezoning that had been r-ferred to many times this evening, that at the time of this rezoning he had made the statement that, in his opinion, a transition from the commercial zoning around the Broadway -Hale Shopping Center to the R -1 area existing immediately south of La Palma Avenue, would logically be C -1 to R -3 and then R -2, however, the property fronting on Euclid Avenue is predominantly commercial now. Di.scusss,on was held regarding an established depth for commercial zoning abutting major and secondary highways, taking into consideration necessary parking requirements. TENTATIVE MAP TRACT NO. 3372: Before Council action on application for reclassification F- 58- 59 -77, consideration was given to Tentative Map, Tract No. 3372, as recommended by the City Planning Commission, subject to the following conditions: �3 That a street be 64 feet in width. 2. That Dresden Street be 60 feet in width. 3. Subject to the approval of the reclassification. 4. That consideration be given to the limitation of access on Euclid Avenue for Lots 24 and 25. 5. That pertinent plot and building plans be submitted to the City Council for review. 6. Require that should this subdivision be developed as more than one subdivision, each subdivision thereof shall be submitted in tentative form for approval. 7. That a 6 foot masonry wall be erected along the North side of the subject property, Regarding Condition No. 4 thereof, Mr. Piersall reported that the thinking there was not to have all driveways opening out onto Euclid Avenue. It was then considered that the plans for development of Lots 24 and 25 must be submitted for approval prior to any development of access rights, would be covered by Condition No. 5, thereupon, Councilman Coons moved to accept Tentative Map, Tract No. 3372, subject to the recommendations of the City Planning Commission. Councilman Fry seconded the motion. MOTION CARRIED. RECLASSIFICATION NO. F- 58- 59 -77: Councilman Coons offered Resolution approving the reclassification for this parcel of property, with Lots 1 through 23 inclusive, zoned R -2, one -story construction, and Lots 24 and 25 zoned C -1, and further subject to the recommendations of the City Planning Commission, and that the masonry wall shall be constructed between any C -1 and R area. Mr. Pack advised that the subdivision was designed for R -3 development; that the lots are too big and could not be developed economically under this arrange- ment, and thereupon, requested permission to withdraw the application for rezoning and the tentative map. Councilman Coons moved that the City Council vacate their previous motion PUBLIC HEARING RECLASSIFICATION NO. F 58 59 78: Submitted by Mrs. Josie Malmstrom, requesting change of zone from C 2 to R 1, property described as 206 South Thalia Street. Councilman Coons moved that the Applicant's request be granted and that the tentative tract map, Tract No. 3372, and the reclassification apps. LJtion, F- 58-59 -77, be withdrawn. Councilman Fry seconded the motion. MOTION CARRIED. C..t Hall Anaheim California Ma 5 1959 7 :00 P.M. acceptjng tentative map, Tract No. 3372. Councilman Borden seconded the motion. MOTION CARRIED. 3345 The City Planning Commission, pursuant to their Resolution No. 198, Series 195859, recommended said reclassification. Letter, transmitting statement made before City Planning Commission by Gerald Reese, representing State of California, Division of Highways, was referred to The Mayor asked if anyone wished to address the Council. Mrs. .June McIntyre, daughter and agent of the Applicant, addressed the Council, advising that the request was made in order to be in position to acquire as an abutting property owner, a parcel of property that will be sold by the State. Mrs. McIntyre explained to the Council the various transactions with the State that her mother has had over the past 17 years, regarding the taking of her property for freeway purposes. She felt that to change this pro p:rty to R -1 zoning would put the State in a position to sell outright the property to her mother, rather than by auction procedure. Mr. Julian Carl, Right —of —Way Agent for the State of California, adx essed the Council, explaining the position of the State, and with regards to making a direct sale to the adjoining property owner, referred to Section _18 of the State and Highways Code, which authorizes disposal of excess land urJer certain regulations, the normal method being disposal by competative b -d. However, in 1945 the Commission adopted a resolution allowing for the disposal without competative bids those parcels of land which are of such size that they can not be utilized or developed as separate parcels of property. P Y• Hf, related three of the necessary findings as outlined in said resolution and advised that in accordance with these findings, his office could not make a recommendation to the California Highway Commission that this parcel of property be sold directly to the adjoining owner. He requested the record to show that no matter what the City Council did regarding the zoning, it would in no way affect the manner in which the State will dispose of the property. Mr0 Lloyd Cline, owner of the property immediately south of Mrs Malstrom, addressed the Council, advising that his problem was certainly not with Mrs. Malstrom, however, he hesitates to operate a business in a C zone abutting an R 1 property. He felt that in some future date, there could be trouble arise from this situation. He further advised he had no interest In the parcel of property owned by the State. osed. There being no further discussion, the Mayor declared the hearing Further discussion was held between the Councilmen. Councilman Coons felt that this constituted spot zoning in the heart of a C -2 area. Councilman Borden felt that the present zoning did not preclude Mrs. Malstrom from con t' nung to live there, just as she was RESOLUTION NO. 5210; At the conclusion of the discussion, Councilman Fry offered R(=so 1uti on No. 5210 and moved for its passage and adoption, authorizing the preparation of necessary ordinance, changing the zone as requested. Refer to Resolution Book, page A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT A CHANGE OF ZONE IS NECESSARY IN CERTAIN AREAS OF THE CITY, AND THAT ARTICLE IX, CHAPTER 2 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED TO ACCOMPLISH 3346 qty Ha11 Anahe_ California May 5, 1959 7:00 P.M. SAID CHANGP' OF ZONE (F- 58 -59 -78 R-1) On roll ;mll the foregoing Resolution was duly passed and adopted by the foi_lowng vote: AYES: COUNCILMEN: Fry, Pearson and Schutte. NOES; COUNCILMEN; Borden and Coons. ABSENT. COUNCILMEN: None. The Mayor declared the foregoing Resolution duly passed and adopted. PUBLIC HEARING RECLASSIFICATION NO. F- 58- 59 -75: Submitted by James A. Liberio, r_equesting change of zone from C -1 to R -3, Lots 1 to 5, inclusive, of Tract No. 3116 (Lot 6 to rema n C-1). The C'ty Planning Commission, pursuant to their Resolution No. 195, Series 1958 -59, recommended sad reclassification, subject to the following conditions The filing of R -3 deed restrictions as standard with the City of Ara heim. The dedication of 45 ft. on Broadway from the center line to the City of Anahe'�.m. 3. The dedication of 53 ft. on Magnolia Ave. from the center line to the City of Anahe m.. 4e Prepare= street improvement plans and install all improvements in accordance with approved standard plans on Magnolia Avenue and Broadway. 5 Payment of $2.00 per front foot for street lighting purposes on Magnolia and Broadway. 6. 90 day time limit for the accomplishment of above requirements. Pet- tai on of protest containing 4 signatures was submitted. Also, petition of protest purportedly containing 122 signatures received at open meeting was subs i ttµ d, �e Mayor asked if anyone wished to address the Council. Mt. Charles Newbury, 230 Monument Street, addressed the Council, calling attention to the a en the immediate vicinity that is presently zoned R -1, and due to the type of _homes n this area, the amount of money spent on them, the school problem, felt that no part of this area should be rezoned to R -3. Mr Robert Keesling, 429 Gain Street, addressed the Council, opposing the R -3 zon ng. Mao R ;hard Yager, 325 Gain Street, addressed the Council in opposition of the R-3 on rig, and called attention to the fact that most of these homes in this area have r l'e ng rooms, and the R -3 zoning would be an invasion of their privacy Dr. Johns Tufft, 315 Gain Street, addressed the Council, opposing the re- zoning and ca` L ed attention to a fast growing transit problem in the City of Anaheim, Mr.Lberic, Appi, cant, addressed the Council, calling attention to the property le the ',mediate area, presently zoned commercially, and advising that it was his op.fn`on that there was already too much commercial zoning in this area and a better: use of the property could be made with R -3 zoning. He noted that his present zon4ng allowed him two story construction and assured the City Council that the proposed apartments would' be a highly desirable development. Mrs. Tufft asked if the proposed apartments were to be two story. Mr. LU.b €4ri replied that they were. Mr. More McDonald, 403 Gain Street, addressed the Council in opposition to the rezoning, There being no further discussion, the Mayor declared the hearing closed. Cit Hall. Anaheim California Ma 5 1959 7 :00 P.M. RESOLUTION NO. 5211: Councilman Pearson offered Resolution No. 5211 and moved for Tts passage and adoption, denying reclassification No. F- 58- 59 -75. Refer to Resolution Book, page A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT A CHANGE OF ZONE SHWLD NOT BE GRANTED IN A CERTAIN AREA OF THE CITY "HEREINAFTER DESCRIBED. �F- 58- 59 -75) On roll call the foregoing Resolution was duly passed and adopted this following vote; AYES; COUNCILMEN: Borden, Coons, Fry, Pearson and Schutte. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. The Mayor declared the foregoing Resolution duly passed and adopted. VARIANCE NO. 1103: Submitted by James A. Liberio, requesting permission to waivfu lot size requirements on property described as Tentative Map, Tract No. 3, Mr. Liberio requested permission to withdraw said Variance application. Councilman Coons moved that the request of the Applicant to withdraw Va ar App tcatLL_ on No. 1103 be granted. Councilman Borden seconded the motion. MOTION CARRIED. TENTATIVE MAP TRACT NO. 3116: Subdivider, James A. Liberio. Tract located at the southeast corner of Magnolia Avenue and Broadway, and contains six lots presently zoned C -1. Said tract was submitted to the City Council March 24, 1959, at which me, at the request of the Applicant, action by the City Council was withheld p =ding the conclusion of the action on Variance No. 1103 and Reclassification No, F- 5859 -75. Mr. Liberio stated that he did not believe the map was laid out properly for C -1 zoning and requested he be allowed to withdraw the map. Councilman Pearson moved that the applicant's request to withdraw sad map be granted without prejudice to reapply, and that the required f %i fee be waived. Councilman Fry seconded the motion. MOTION CARRIED. AWARD OF CONTRACT PROJECT NO. 76: Mr. Piersall reported on the following bids received for the Sycamore Street improvement from Olive Street to Buttonwood Street, Project No 76, and recommended the acceptance of the R. J. Noble Company's bid, the low bidder. Sully Miller Contracting PN O. Box 432 Orange, California Griffith Company 1060 South Broadway Los Angeles 15, Calif. R J. Noble Company P. O. Box 620 Orange, California Refer to Resolution Book, page BIDS RECEIVED Co. (Accompanied by a Cashiers Check, No. 101358, in the amount of $2,500.00) (Accompanied by a bid bond in the amount of $2,500.00) (Accompanied by a bid bond in the amount of 10 RESOLUTION NO. 5212: Councilman Coons offered Resolution No. 5212 for its passage and adoption. 3347 $20,998.50 23,168.75 20,065.00 and moved A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PRO- POSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING 3348 City Hall, Anaheim, fornia May 5, 1959 7:00 P.M. 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: THE IMPROVEMENT OF SYCAMORE STREET, FROM BUTTONWOOD STREET TO OLIVE STREET, PROJECT NO. 76. (R. J. Noble Company) On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: Borden, Coons, Fry, Pearson and Schutte. NOES: COUNCILMEN: Nome. ABSENT: COUNCILMEN: None. The Mayor declared the foregoing Resolution duly passed and adopted. TENTATIVE MAP TRACT NO. 3390: Subdivider, Luxury Homes. Tract located on the west side of Rio Vista Street, a portion of which is approximately 600 feet south of East La Palma Avenue, and a portion of which is 1321 feet south of East La Palma Avenue, and contains 119 R-1 lots. With the consent of the subdivider, action by the City Council on this map was deferred from the meeting of April 28, 1959, for further investigation with reference to the possibility of obtaining necessary right -of -way on that parcel of property marked, "Not a part of the Subdivision to allow for street improvements ln accordance with the recommendation of the City Engineering Committee. The C Planning Commission approved said tentative map, subject to the following conditions: iN Annexation to the City of Anaheim. 2s Pertinent plot and building plans to be submitted to the City Council for review. 3, Require that should this subdivision be developed as more than one subdivision, each subdivision thereof be submitted in tentative form for approval. Communication from Clark W. and Charlotte M. Wingert, dated May 5, 1959, was submitted and read, requesting that any change of zoning in this matter be conditioned upon the installation of a six foot high block wall along the southerly boundary of the subject property, which would be the northerly boundary of their property. Mr. Heinly, Attorney for the Developer, addressed the Council advising that in his opinion, there would be no objections to the installation of a chain link fence, however, requested it be understood that in the event the citrus orchard to the south is sold and a subdivision map is started, that the chain link fence would not be required at that time. Mr. Murdoch reported on the discussion he and Mr. Pearson had with Mr. and Mrs. Hunt regarding the dedication of land for street widening purposes at the southeast corner of this tract; that if the dedication was made, the developer would improve the front of this property at the same time as the improvements are put in the tract. That Mr. and Mrs. Hunt certainly seemed agreeable to this, how- ever, it might necessitate a readjustment in lot size. M•. Heinly agreed with this arrangement and the possibility of readjusting the lot size. D was held regarding the installation of a chain link fence on the adjoining tract property also owned by Luxury Homes. At the conclusion of the discussion, Councilman Coons moved to accept Tentative Map, Tract No. 3390, subject to the subdivider installing a six foot chain link fence along the southerly boundary line of the tract between the adjacent property, and further subject to the recommendations of the City Planning Commission and the improvement of Rio Vista to the south line of the Hunt property after dedication is forthcoming. Councilman Borden seconded the motion. MOTION CARRIED. An heim, California May 5, 1959 7 :00 P.M. VARIANCE NO. 876: Submitted by R. J. Bruce, R. Kazarian and R. Emerian and granted by the City Planning Commission December 2, 1957, allowing for the Construction of a 101 -unit two -story motel, coffee shop, manager's apartment and office with swimming pool and cocktail lounge, to be constructed in two stages, subject to approval of plans by the City Council. Mr, Harry L. Knisely, Attorney for the Applicant, presented plans for the restaurant and cocktail bar as provided in Variance No. 876. Said plans were reviewed by the City Council, and approved on motion by Councilman Coons, seconded by Councilman Fry. MOTION CARRIED. RECLASSIFICATION NO. F- 56 -57 -42 (ORDINANCE NO. 1157 AND RECLASSIFICATION NO. F- 58- 59 -8); Communication from City Planning Commission recommending re- moval of Conditions No, 2 and 4 of Deed Restrictions filed pursuant to Ordinance No. 1157, to permit residential use of a portion of the property ,noluded within Reclassification No. F- 56- 57 -42, and further recommending t,rmi nation of Reclassification No. F- 58 -59 -8, was submitted and read. 'Angelo T. Scagl.ione, property located on the south side of Lincoln Avenue, Fast of Magnolia Avenue). These recommendations of the City Planning Commission were further explained by Mr. Mungall. Regarding the removal of Conditions 2 and 4 of Ordinance No. 1157, Councilman Pearson moved that action by the City Council be deferred 60 days. Councilman Fry seconded the motion. MOTION CARRIED. RESOLUTION NO. 5213: Councilman Pearson offered Resolution No. 5213 and moved for its passage and adoption, terminating proceedings under Reclassification Application No, F- 58 -59 -8, pursuant to the recommendations of the City Planning Cornrni s s io n. Refer to Resolution Book, page A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN RECLASSIFICATION NO..F- 58 -59 -8. On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: Borden, Coons, Fry, Pearson and Schutte. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. 3349 The Mayor declared the foregoing Resolution duly passed and adopted. REQUEST TENNIS COURT CITY PARK: Mr. Murdoch reported on request received from the Anaheim Youth Council for permission to use the tennis courts in Cty Park, May 9, 1959, for a dance, 8 :00 P.M. to 11:00 P.M., and read re- commendations of Lloyd Trapp, Recreation Superintendent, endorsing said request. Said request was granted by the City Council on motion by Councilman Coons, seconded by Councilman Borden. MOTION CARRIED. RECLASSIFICATION NO. F- 58- 59 -83: Sumbitted by Arthur Morales, requesting change of zone from R -1 to M -1, property located at 805 E. Sycamore Street, being west of Vine Street, adjacent to the railroad. Public hearing was scheduled to be heard May 26, 1959, 7 :00 P.M. on motion by Councilman Coons, seconded by Councilman Pearson. MOTION CARRIED. REC.LASSIFI.CATION NO. F- 58- 59 -84: Submitted by Severiano G. Jimenez, requesting change of zone from R -A to C -2, property located at 412 N. Placentia Avenue, being on the east side of Placentia Avenue, between La Palma and Anaheim -Olive Road. Public hearing was scheduled to be heard May 26, 1959, 7 :00 P.M. on motion by Councilman Coons, seconded by Councilman Pearson, MOTION CARRIED. 3350 Ci.t Hall Anaheim California Ma 5 1959 7 :00 P.M. IUCLASSIFICATION NO. F- 58- 59 -85: Submitted by Gerald Chazan, requesting change of zone from R -A to Cl, property on the south side of Lincoln Avenue, between Western Avenue and Topanga Drive. Public hearinx was scheduled to be held May 26, 1959, 7 :00 P.M. on motion by Councilman Coons, seconded by Councilman Pearson. MOTION CARRIED. ADVERTISING BENCHES: Mr. R. Lewis of Bench Ad Company, 1100 Monterey Pass, Monterey Park, California, addressed the Council, requesting permission to install courtesy advertising benches within the City of Anaheim. Discussion was held regarding necessary regulations and Councilman Pearson moved that the City Manager, City Attorney and Chief of Police, draft an Ordinance setting up required regulations for further Council consideration. Councilman Coons seconded the motion. MOTION CARRIED. Mr, Lewis was advised that this would require approximately one months time and he would be notified when this matter would again be scheduled for Council's consideration. BUSINESS LICENSE AMUSEMENT DEVICS: Application of Charles Edward Lyon (The Green Lantern, 146A Orangethorpe Avenue) to install one juke box and one bowling machine was investigated by the Police Department and subject to their recommendations, granted by the City Council on motion by Councilman Borden, seconded by Councilman Coons. MOTION CARRIED. PURCHASE RECREATION DEPARTMENT: Mr. Murdoch reported on informal bids received for the purchase of 438 dozen jerseys and 236 dozen caps for the Recreation Department, as follows, and recommended the acceptance of the low bid, that of Bob Williams Sporting Goods: Bob Williams Sporting Goods Grove Sporting Goods Wissers Sporting Goods Y. F. Hammatt Said purchase was authorized from Bob Williams Sporting Goods on motion by Councilman Fry, seconded by Councilman Coons. MOTION CARRIED. BUSINESS LICENSE REFUND: Request of H. L. York for refund of business license was submitted, and denined by the City Council on the recommendations of the City Treasurer, on motion by Councilman Borden, seconded by Councilman Coons. MOTION CARRIED. FIREWORKS: Request of Orange County Parent Group for Crippled Children and Adults for permit to sell fireworks within the City limits of Anaheim, was submitted. In accordance with the established policy of the City Council wherein this activity is limited to local organizations, said request was denied on motion by Councilman Pearson, seconded by Councilman Coons. MOTION CARRIED. PROPOSED STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT TRACT NO. 2489: Request of David R. Berman for commencement of Street Lighting Assessment District was submitted. The following report of W. F. Priday, Superintendent of Streets, was submitted and read; Subject: Street Lighting Act of 1931 Tract No. 2489 Its proposed that a district comprised of 192 parcels, as per Orange County Assessor's Records, be formed under the terms of the "Street Lighting Act of 1931" for the maintenance and operation of street lights within an area shown on a map attached to and made a part of this report. The estimated cost of maintenance and operation for thirty -one street lights at Three Dollars ($3.00) per month per light, for a period of five years, is Fifty five Hundred and Eighty Dollars ($5,580.00), including incidental expenses. Jerseys Cap $5,083.60 2,709.66 no bid 2,412.68 6,786.00 3,048.36 no bid no bid map. TRANSFER OF FUNDS: Transfer of $3,600.00 from the Contingency Fund, as re- quested by the Accounting Officer for the purchase of the Tedrick property, was authorized on motion by Councilman Fry, seconded by Councilman Pearson. MOTION CARRIED. AYES: COUNCILMEN: Borden, Coons, Fry, Pearson and Schutte. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. 3351 Cit Hall Ana eim California Ma 5 1959 7 :00 P.M. Each parcel of property abutting on the following streets, to wit: Ninth Street, Katella Avenue, Stella Avenue, Gail Lane, Margie Lane, Norma Lane and Janette Lane, in Tract No. 2489, excepting therefrom those parcels on the west side of Ninth Street and the north side of Katella Avenue, will pay an estimated Twenty nine Dollars and six and one quarter cents ($29.0625) over a period of f've years as their proportionate share, by assessment, on the basis of equal benefits received. The parcels on the west side of Ninth Street and the north side of Katella Avenue should be exempt as they are fronting on roads of a w that would, by necessity, require similar street lights, in addition to those required to serve this district. It is recommended that August 1, 1959, be the approximate time for the beginning of the assessments. Respectfully submitted, /s/ W. F. Priday Superintendent of Streets. The area of the proposed District was outlined by Mr. Murdoch on the RESOLUTION NO. 5214: Councilman Fry offered Resolution No. 5214 and moved for its passage and adoption. Refer to Resolution Book, page A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE REPORT OF THE SUPERINTENDENT OF STREETS FOR CERTAIN IMPROVEMENTS CONTEMPLATED TO BE MADE BY THE CITY UNDER THE STREET LIGHTING ACT OF 1931. On roll call the foregoing Resolution was duly passed and adopted by the following vote: The Mayor declared the foregoing Resolution duly passed and adopted. PROPOSED STREET OPENING AND DEDICATION: Map indicating a proposed industrial street running easterly from Loara Street, approximately 440 feet south of Lncoln Avenue, was explained by Mr. Piersall, who recommended approval subject to the realignment at the easterly end of the street to permit the future extension of the street along the Southern Pacific Railroad to serve the property when developed. Councilman Pearson moved to approve the location of the proposed street, subject to the approval of the City Engineer. Councilman Coons seconded the motion. MOTION CARRIED. JOB NO. 399: Release of Claim previously filed by Pioneer Builders Supplies,Inc. against City of Anaheim, Firemans Fund Indemnity Co., Don Fletcher and George Stanford for non payment by Subcontractor George Stanford of amount due and owng, was submitted. It was explained that Mr. Fletcher, General Contractor, had paid this amount to Mr. Desmond of Pioneer Builders° Supplies, Inc., this day, and as result, release of claim filed. It was moved by Councilman Pearson, seconded by Councilman Coons, that the auditor be authorized to pay the money owed the Contractor after the expiration of required time limit, as set forth in the Notice of Completion. MOTION CARRIED. 3352 Cit Hall Anaheim California Ma 5 1959 7 :00 P.M. CANCELLATION OF COUNTY TAXES: It was moved by Councilman Coons, seconded by Councilman Borden, that the Orange County Board of Supervisors be requested to cancel County taxes on property acquired by the City of Anaheim for public purposes, pursuant to Resolution No. 5124. MOTION CARRIED. (Nakamura property) RESOLUTION NO. 5215: Councilman Coons offered Resolution No. 5215 and moved for its passage and adoption. Refer to Resolution Book, page A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE NECESSITY FOR, AND DIRECTING THE ACQUISITION BY EMINENT DOMAIN OF, REAL PROPERTY FOR RIGHT OF WAY FOR PUBLIC UTILITY, SEWER LINE, STREET WIDENING AND STORM DRAIN PURPOSES. (5 parcels) On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: Borden, Coons, Fry, Pearson and Schutte. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. The Mayor declared the foregoing Resolution duly passed and adopted. RESOLUTION NO. 5216: Councilman Coons offered Resolution No. 5216 and moved for its passage and adoption. Refer to Resolution Book, page 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 PUBLIC UTILITY PURPOSES. (P L Manufacturing Co., Inc.) On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: Borden, Coons, Fry, Pearson and Schutte. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. The Mayor declared the foregoing Resolution duly passed and adopted. RESOLUTION NO. 5217: Councilman Coons offered Resolution No. 5217 and moved for its passage and adoption. Refer to Resolution Book, page 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. (National Distillers and Chemical Corporation) On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: Borden, Coons, Fry, Pearson and Schutte. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. The Mayor declared the foregoing Resolution duly passed and adopted. RESOLUTION NO. 5218: Councilman Coons offered Resolution No. 5218 and moved for its passage and adoption. Refer to Resolution Book, page 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. (Ethel G. Spezia) On roll call the foregoing Resolution was duly passed and adopted by the following vote: Hall Anaheim California Ma 5 1959 7:00 P.M. AYES: COUNCILMEN: Borden, Coons, Fry, Pearson and Schutte. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. The Mayor declared the foregoing Resolution duly passed and adopted. RESOLUTION NO. 5219: Councilman Coons offered Resolution No. 5219 and moved for its passage and adoption. Refer to ResolutionBook, page 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. (Cecilia M. Altwine) On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: Borden, Coons, Fry, Pearson and Schutte. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. The Mayor declared the foregoing Resolution duly passed and adopted. RESOLUTION NO. 5220: Councilman Coons offered Resolution No. 5220 and moved for its passage and adoption. Refer to Resolution Book, page 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 STREET AND UTILITY PURPOSES. (J. H. Beatty) On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: Borden, Coons, Fry, Pearson and Schutte. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. AYES: COUNCILMEN: Borden, Coons, Fry, Pearson and Schutte. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. 3353 The Mayor declared the foregoing Resolution duly passed and adopted. ORDINANCE NO. 1344: Councilman Coons offered Ordinance No. 1344 for final reading and moved for its passage and adoption. Refer to Ordinance Book, page AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 1035 ADOPTED IN RECLASSIFICATION NO. F- 54 -55 -5, BY ELIMINATING THEREFROM CONDITION NO. 5. After hearing read in full the title of Ordinance No. 1344 and having knowledge of the contents therein, Councilman Coons moved the reading in full of said Ordinance be waived. Councilman Pearson seconded the motion. MOTION UNANIMOUSLY CARRIED. On roll call the foregoing Ordinance was duly passed and adopted by the following vote: The Mayor declared the foregoing Ordinance duly passed and adopted. 3354 City Hall, Anaheim, California May 5, 1959 7 :00 P.M. CORRESPONDENCE: Correspondence not requiring vote of City Council was ordered received and filed on motion by Councilman Coons, seconded by Councilman Borden. MOTION CARRIRD. Councilman Pearson moved to adjourn. Councilman Coons seconded the motion. MOTION CARRIED. ADJOURNED: (11:35 P.M.) SIGNED: City Clerk City Hall, Anaheim, California May 12, 1959 7:00 P.M. The City Council of the C5ty of Anaheim met in regular session. PRESENT: COUNCILMEN: Borden, Coons, Fry, Pearson and Schutte. ABSENT: COUNCILMEN: None. PRESENT: CITY MANAGER: Keith A„ Murdoch© CITY ATTORNEY: Preston Turner. CITY CLERK: Dene M. Williams. CITY ENGINEER: Thornton Piersall. CITY PLANNING DIRECTOR: Robert W. Mungall. Mayor Schutte called the meeting to order. MINUTES: Minutes of the regular meeting held April 28, 1959 were approved, as corrected, on motion by Councilman Coons, seconded by Councilman Fry. MOTION CARRIED. RESOLUTION NO. 5221: Councilman Borden offered Resolution No. 5221 and moved for its passage and adoption. Refer to Resolution Book, page A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND DIRECTING 1H E PAYMENT OF DEMANDS AGAINST THE CITY AS OF MAY 12, 1959. ($420,352.37) On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: Borden, Coons, Fry, Pearson and Schutte. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. The Mayor declared the foregoing Resolution duly passed and adopted. CONTINUED PUBLIC HEARING RECLASSIFICATION NO. F- 58- 59 -76: Submitted by George A. Henry, requesting change of zone from R -A to R -3, property described, briefly, as located on the west side of Velare Street, from Orange Avenue south to Conley Avenue, and the two parcels of property located on the east side of Magnolia Avenue, approximately 780 feet south of Orange Avenue. The City Planning Commission, pursuant to their Resolution No. 196, Series 1958 -59, recommended said reclassification, subject to the following con- ditions: 1. The filing of standard R 3 Deed Restrictions of the City of Anaheim. 2. The dedication of 32 feet from center line of Valare Street. 3. The dedication of 53 feet from center line of Magnolia Avenue. 4. Prepare street improvement plans and install all improvements in accordance with approved standard plans on file in the office of the City Engineer.