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1959/04/07 3277 City Hall, Anahe~m. Ca~ifornia - April 7, 19.59 - 7:00 P.M! The City Council of the City of Anaheim met in adjourned regular session. PRESENT: ABSENT: PRESENT: COUNCILMEN: Coons, Fry, Pearson and Schutte. COUNCILMEN: Borden. CITY MANAGER: Keith A. Murdoch. CITY ATTORNEY: Preston Turner. CITY CLERK: Dene M. Williams. CITY ENGINEER: Thornton Piersall. CITY PLANNING DImECTOR: Robert W. Mungall. Mayor Schutte called the meeting to order. PUBLIC HEARING - SPECIAL U~E PERMIT NO.2: Public hearing was called to review the granting of Special Us~ Permit No.2 to John Simone, pursuant to Resolution No. 4958, for the establishment of a helicopter sightseeing service at the northwest corner of the intersection of Highway 39 and Lincoln Avenue. The Mayor asked if anyone wished to address the Council. Mr. John Simone addressed the Council, calling attention to the fact that Anaheim has no airport and that the only way that industry is going to utilize transportation is by the helicopter, therefore, the heliport and the helicopter are the coming thing. He presented an aerial photo of the area and advised that the areas outlined in red had no objections to the present operations. Mr. Simone read the findings of the Federal Aviation Agency, Flight Operations Inspection, dated February 20, 1959, determining that the operation was conforming to all applicable civil air regulations and meets the safety standards as would be applicable to such an operation. He presented four letters and a petition purportedly containing approximately 100 signatures, advising tht providing the operation does not deviate from the approved traffic pattern and there is no night flying, and he continues to operate in accordance with the conditions set forth by the Anaheim City Council and Federal Aviation Agency, that they had no objections to the present helicopter operation. Mr. Koch, 7938 Jackson Way, Buena Park; Mr. Mulder, 7933 Jackson Way; Mr. Victor Hellquist, 7926 Jackson Way; Mrs. Mulder, 7933 Jackson Way; Mr. A. R. Crow, 7921 Jackson Way; Mr. Frank Lotgering, 7903 Jackson Way; Mr. John Ortiz, 7944 Jackson Way; Mr. Henry G. Amundsen, 3131 W. Tyler Avenue; Mr. Bob Schindler, 7945 Jackson Way, each addressed the Council in opposition to said helicopter operation and expressing their reasons therefor, being, the annoyance caused by the noise and vibrations and danger created by thie operation. Mr. Simone again addressed the Council, advising that by changing the traffic pattern he felt that he was doing everything possible to cooperate, and to take him out of the sky would deny him the right enjoyed by other people th~ fly. Councilman Pearson moved that the Council give Mr. Simone two weeks to operate and then terminate all operation!. (No second to this motion). Further discussion was held by the Council regarding the advisability of employing a sound engineering firm to make sound level readings of this operation. There being no further discussion, the Mayor declared the hearing closed. Councilman Fry moved that action on this matter be deferred two weeks (April 21. 1959) in order to allow time for further investigation and visitation by the City Council. Councilman Coons seconded the motion. To this motion Councilman Pearson voted 'no'. MOTION CARRIED. PUBLIC HEARING - KNOTT-OR4NGE ANNEXATION: Pusuant to Resolution No. 5067, dUly published in the Anaheim Gazette, March 5,and 12, 1959, and written notices mailed March 13, 1959 to owners of property who appear on the last equalized assessment roll of the County of Orange, public hearing was held on the proposed annexation of inhabited territory known and designated as Knott-Orange Annexation. The City Clerk reported that no written protests have been received in her office. '~"_"',.:...'..,'~_~b.. 3278 City Hall, Anaheim, Califo1nia - April 7, 1959 - 7:00 P.M. The Mayor asked if anyone present wished to address the Council on the matter. There was no response. Councilman Coons moved that it be the finding of the City Council, inasmuch as no protests have been filed;as of this date, that the protests are insufficieht, and that an additional 10 days from this date be allowed for filing protests, and that the hearing be continued for two weeks (April 21. 1959). Councilman Fry seconded the motion. MOTION CARRIED. PUBLIC HEARING _. RECLASSIFICATION NO. F-58-59-60: Submitted by Haskel A. Kelley, et aI, requesting permission to change from R-O to R-3 zoning, property briefly described as located on the east sid~ of North West Street, between North Street and La Palma Avenue. The City Planning Commission, pursuant to their Resolution No. 173, Series 1958-59, recommended said reclassification be approved for R-2 zoning, subject to the following conditions: 1. one story in 2. 3. 4. requirements. The filing of deed restrictions limiting all dwellings erected to height with architectural approval necessary. The installation of sidewalks. The payment of $2.00 a front foot for street lighting purposes. That a 90 day time limit be specified for the completion of above Communication in opposition to the rezoning from William J. Drake was submitted and read. Communication requesting the rezoning be changed to R-2 rather than R-3 from Therman J. and Edna L. Scott was submitted and read. The Mayor asked if anyone wished to address the Council. Mr. Haskel Kelley addressed the Council advising that as result of his contacts regarding the application for rezoning, only five other parcels of property and his complied with the requirements for reclassification, and when this matter came before the City Planning Commission, the City Planning Commission considered the entire area on the east side of West Street, from La Palma Avenue to North Street, consequently, a great many more protests to this application were received that he felt would not have been received otherwise if the application had been limited to the original request. He could not understand why the other properties were included in his application. The size of the property was considered and Mr. Kelley explained their inability to develop, it with reference to streets, in accordance with the present city standards. Those persons addressing the Council in opposition to the reclassification were: Donald Rees, 939 Summer Street, regarding depreciation of property values; Ross Rader, 853 Lenz Drive, felt that the City Planning Commission, in fact, by recommending the R-2 zoning instead of the requested R-3 zoning, made said recom- mendation without proper hearing thereon; Mr. Wood, 901 Lenz Drive, suggested this entire property be developed by cul-de-sac street arrangement; Mr. Steve Knutzen, circulator of the petition of opposition, requested those present in the audience opposing the rezoning to stand; Mr. William Green, resident at the corner of Autumn and Summer Streets, felt th~t if the zoning was changed, some of the present older buildings would remain and be rented; Mr. Bob Ulrich, 730 N. West Street, feared the establishment of a precedent; Mrs. Knutzen, 945 Summer Street, referred to a present guest house that will be changed into a residence; Mrs. Phillips, 925 Summer Street, wanted the area to remain a suburban area; Mrs. Ruby Meirs, 967 N. West Street, felt that those who favored rezoning did not have a comparable investment in their properties with' those in opposition. Those persons addressing the Council urging the reclassification be granted, were: Mr. Carden, 850 N. West Street, referred to the former effort made to get a street at the rear of their properties, and advised that nothing could be done with the land until the zone is changed; Mrs. Liebhart,946 N. West Street, called attention to the present condition of N. West Street and felt that apart- ments would be an asset to this section of the town; Mr. John Sampson, 820 N. We t Street, urged the granting of the rezoning in order to make an economic use of tre land; Mr. Clair Liebhart, 946 N. West Street, addressed the Council and spoke re- garding the guest house on their property, and requested an R-2 zoning in order ~'o;o:~~~,,,,,,...c:.~",-.,,__";a,,,,",~~,-,,,~;";;,~~- )(" . ",.,.,-,,- ~ 3279 City Hall, Anah~im, California - April 7, 1959 - 7;00 P.M. that this unit can be completed as a residence. Reference was also made to the former dedications of land made by the property owners for the widening and improvement of West Street. closed. There being no further discussion, the Mayor declared the hearing Further discussion was held regarding the study formerly made by the Planning Department, wherein it was noted that any subdivision development or this area would necessitate installation of substandard streets and lots. Councilman Coon$ called attention to the fact that this particular area under discussion along the east side of West Street between North street and Autumn Drive is ih th~ center of an R-O zoned area; that properties on the east side of the subject ~roperty were developed prior to the time that the standards were raised in the R-O zoning, and that they actually do not conform with the standards of the present R-O requirements. That if this area be changed to either R-2 or R-3, it would be an intrusion of multiple dwelling areas in a strictly singl~ family and R-O ~one. He also called attention to other pieces of property in the immediate vicinity that would fall under the same classification. Consideration was given to the former study made, wherein it would require the splitting of property by several owners in order to develop any kind of a subdivision. Mr. Murdoch felt that this might require a change of zone from R-O to R-l, which could be acComplished on Council initiative. RESOLUTION NO. 5131: Councilman Coons offered Resolution No. 5131 and moved for its passage and adoption, denying reclassification application No. F-58-59-60: Refer to Resolution Book, page A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AN~HEIM FINDING AND DETERMINING THAT A CHANGE OF ZONE SHOULD NOT BE GRANTED IN A CERTAIN AREA OF THE CITY HERE- INAFTER DESCRIBED. _ (F-58-59-60) On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYE S : NOES: ABSENT: COUNCILMEN: COUNC I LMEN: COUNCILMEN: Coons, Fry, Pearson and Schutte. None. Borden. The lWayor declared the foregoing Resolution duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO. F-58-59-61: Submitted by Dr. Robert G. Robb, requesting C-l zoning on property located at 1703 Sumac Lane (northwest corner of Euclid Avenue and Sumac Lane). The City Planning Commission, pursuant to their Resolution No. 174, Series 1958-59, recommended said reclassification be denied without prejudice, but if approved, be subject to the following conditions: 1. The dedication of 53 feet to the City of Anaheim from the center- line of ~uclid Avenue. 2. Prepare street improvement plans and install all improvements in accordance with approved standard plans in the office of the City Engineer. 3. Sidewalks to be installed onSumac Lane. 4. Payment of $2.00 per front foot for street lighting purposes on Euclid Avenue. 5. A 90 day time limit for the accomplishment of the above conditions. The Mayor asked if anyone wished to address the Council. Dr. Robb addressed the Council, advising that he did not intend to develop this property for approximately 3t years, and then it would be developed for his own use. He presented a plot map showing the areas for parking, and in '-,..,..............E~.~_C~...,~...<;"'"~~........_i,..~'1" ~ 3280 City Hall, Anaheim, Califo~nia - April 7, 1959 - 7:00 P.M. his opinion, the existing regulation$, that of three parking spaces, would amply serve his needs$ Reference was also made to the proposed improvement of Euclid Avenue. Mr. Piersall advised that Project No. 71, which is contemplated for Euclid Avenue, will not be for full ~treet improvements. It would be, in those sections where there are no existing improvements, a 24 foot road bed, because the ~treet is not on grade, and in those areas where improvements are in, it would be a modification of the existing improvements to conform to new construction. - Dr. Robb further advised that he would be willing by deed restrictions to limit the use of the property to medical office and professional offices. Further discussion was held regarding the present and ultimate width of the street, and the fact that the use of thi~ property was not contemplated for approximately 3t years. At the conclusion of the discussion, the Mayor declared the hearing closed. RESOLUTION NO. 5132: Councilman Coons offered Resolution No. 5132 and moved for its passage and adoption, denying recla~sificati6n application No. F-58-59-61. Refer to Resolution Book, page A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINcrNG THAT A.CHANGE OF ZONE SHOULD NOT BE GRANTED IN A CERTAIN AREA OF THE CITY HERE- INAFTER DESCRIBED. (F-58-59-61) On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYE S : NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Coons, Fry, Pearson and Schutte. None. Borden. The Mayor declared the foregoing Resolution duly passed and adopted. (Dr. Robb took the plans that were presented to the City Council this evening.) PUBLIC HEARING - RECLASSIFICATION NO. F-58-59-62: Submitted by Joseph Huarte, re- questing permission to change zoning from R-3 to C-3, property located at 895 South Placentia Avenue (northwest corner Placentia and Vermont Avenues). The City Planning Commission, pursuant to their Resdution No. 175, Series 1958-59, recommended said reclassification, subject to the following conditions: 1. Payment of $2.00 per front foot on Vermont Avenue for street lighting purposes. 2. Prepare street improvement plans and install all improvements in accordance with standard plans on file in the office of the City Engineer. 3. The filing of C-3 Deed Restrictions restricting the uses to a. Tire Service b. Brake Service c. Tune-up Service d. Wheel-Alignment Service 4. Erection of the building in accordance with plans presented. 5. That a 90 day time limit be set for 1, 2 and 3. The Mayor asked if anyone wished to address the Council. Mr. Huarte addressed the Council, urging the granting of the rezoning and presented a plot plan of the proposed development. Mr. Pat Fogarty, 1825 Tyrol Place, referred to the C-3 zoning as proposed in the new comprehensive zoning ordinance, and the uses allowed therein. He called attention to the present development in the area and the proposed City Park across the street. Also, that this was, in fact, an extension to the present service station use at the corner, and wondered what assurance they would have "'_~'C_~;:'"",....d,".,j"...,".,...,,,._~,",.,.,.~,,_.,".,,_.,,-,,~_<<'.. 3281 City Hall. Anaheim. California - April 7, 1959 - 7:00 P.M. that the commercial use would not be furthercextended on the balance of the Huarte property. For further clarification, Councilman Coons advised Mr. Fogarty that the C-3 zon~ under the proposed new zoning ordinance was entirely diff~r~nt than the C-3 zoning considered here in connection with this application. Mr. Ed Royce, IB21 Tyrol Place, addressed the Council, advising that in his opinion, this activity across from a City Park would not be very advantageous. He question further, whether the R-l zoning facing Tyrol Place could be maintained if a commercial use was allowed on Vermont Avenu~, which would be backing up to th~se R-l properties. It appeared that th~ main concern in this matter was not necessarily this particular applicatiQn, but the future use of the undeveloped property facing Vermont Avenue, and the undeveloped property behind this area. Councilman Coons felt that the people in the area would actually be protected by allowing this, due to the fact that there would be constructed a building and also a concrete block wall to ouffer the noise. That with the City Planning Commission's limitation of uses, th~ very same things are pre- sently permissable and are being done in the service station without benefit of any buffer. closed. There being no further discussion, the Mayor declared the hearing RESOLUTION NO. 5133: Councilman Fry offered Resolution No. 5133 and moved for its passage and adoption, authorizing the preparation of necessary ordinance changing the zone as requested, subject to the recommendations of the City Planning Commission, and further subject to the inclusio~ in addition to the uses allowable, the sale of automobile accessories as requested by the applicant. 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 SAID CHANGE OF ZONE. (F-58-59-62 _ C-3) On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYE S : NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Coons, Fry, Pearson and Schutte. None. Borden. The Mayor declared the foregoing Resolution duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO. F-58-59-63: Submitted by Giacomo Lugaro, requesting permission to change zone from R-A to C-l, Lots 22 and 23 of Tentative Map, Tract No. 3365, and R-3 on Lots 1 - 21, Tentative Tract No. 3365 (southeast corner of Crescent and Magnolia Avenues). The City Planning Commission, pursuant to their Resolution No. 177, Series 1958-59, forwarded said reclassification to the City Council without recommendation as a motion to deny the reclassification did not carry by a two-thirds majority vote, but, if reclassified by the City Council the following conditions from the Engineering Committee be imposed: 1. The dedication of 45 feet from the centerline of Crescent Avenue to the City of Anaheim. 2. The dedication of 53 feet from the centerline of Magnolia Avenue to the City of Anaheim. 3. Prepare street improvement plans and install all improvements in accordance with approved standard plans on file in the office of the City Engineer. 4. Payment of $2.00 per front foot for street lighting purposes on Crescent and Magnolia Av~nuas. 5. The filing of standard C-l and R-3 Deed Restrictions of the City "'--;"-'-."";;"";"-'''~~'~- 3282 City Hall, Anaheim, Califofnia - April 7, 1959 - 7:00 P.M. of Anaheim. 6. A.90-day time limit for the accomplishment of above conditions. Appeal from action taken by the City Planning Commission was filed by the Applicant and public hearing scheduled. The Mayor asked if anyone wished to address the Council. - Mr. A. R. McDaniel, Engine~r, addressed the Council on behalf of the Applicant, and advised that he had b~en authorized to make the following agreement if the reclassification was granted; 1. To construct all apartment houses ( contiguous to the R-l property, one-$tory. 2. That Lot 23 be reclassified R-3 rather than C-l, which would then be cut into legal R-3 lots. Regarding the R-3 reclassification, he stated he was confused by the action of the City Planning Commission, inasmuch as when they considered the map, they did approve certain lots which they had indicated as R-3, however, they did not approve those portions indicated as C-l. He further called attention to the immediate and proposed R-3 zoning in this area~ Mr. Herbert Oberst, 513 Harcourt, purchaser of home in a newly developed nearby tract, requesting that commercial zoning in this area be denied. Mr. Peter Giovannoni, representing the Applicant, addressed the Council and indicated on the map the areas which are intended to be developed with single story structures and the areas intended for two story structures. In his opinion, to place R-1 zoning on a 106 foot street would not be desirable. The present zoning of the surrounding area was considered by the Council. Mr. McDaniel again addressed the Council and stated that inasmuch as it was their impression that the City Council did not favor commercial zoning, re- quested that the City Council consider this reclassification and the map based on the entire tract as an R-3 area, and still specify the one-story structures adjacent to the R-l zoning. This, in his opinion, would be the same situation as exists across the street from this property. Councilman Coons questioned whether this development would be made under the same conditions as those proposed for development across from this pro- perty. In checking into these provisions, it was noted that the multiple development proposed across from this property, is to be a garden type development; that site plans have been filed showing the development, and a stipulation made that there would. be 120 units onthe la-acre parcel. Mr. McDaniel advised that he was unprepared to make such a stipulation; that, in fact, Mr. Lugaro has no intention of developing this property, as he is a farmer, not a developer, and proposes to sell this property in order to purchase other farming land. There being no further discussion, the JWayor declared the hearing closed. RESOLUTION NO. 5134: Councilman Pearson offered Resolution No. 5134 and moved for its passage and adoption, denying Reclassification No. F-58-59-63. Refer to Resolution Book, page A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT A CHANGE OF ZONE SHOULD NOT BE GRANTED IN A CERTAIN AREA OF THE CITY HERE- INAFTER DESCRIBED. (F-58-59-63) On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Coons, Fry, Pearson and Schutte. None. Borden. The Mayor declared the foregoing Resolution duly passed and adopted. ~""";~-='""'''';''~''''M-"..''.~'~'"""",-,-"",, 3283 City Hall, Anah~im, California - April 7, 1959 - 7:00 P.M. TENTATIVE MAP - TRACT NO. 3365: Subdivider, Giacomo Lugaro (Agent, McDaniel Engineering Company). Tract located at the southeast corner of Crescent and Magnolia Avenue, and contains 22 lots. The City Planning Commission approved said tentative map for Lots 1 to 21 inclusive, and that Lots 22 and 23 be omitted and the' tract boundary so changed to leave out these lots. Councilman Fry moved that tentative map, Tract No. 3365, be denied. Councilman Pearson second~d the motion. MOTION CARRIED. PUBLIC HEARING - RECLASSI~ICATION NO. F-58-59-64: Submitted by Dr. Henry L. Foucher, requesting permi~5ion to change zone from R-A to C-l on property located at 3326 Lincoln Avenue (south side of Lincoln Avenue, east of Knott Avenue). The City Planning Commission, pursuant to their Resolution No. 176, Series 1958-59, recommended said reclassification, subject to the following condi ti ons: 1. Prepare street improvement plans and install all improvements in accordance with State Highway requirements. 2. Payment of $2.00 per front foot for street lighting purposes. 3. Erection of building in accordance with plans presented. 4. That there be a 35 foot building line set-back from the property line. 5. That a 90-day time limit be set for the accomplishment of con- ditions Nos. 1 and 2. The Mayor asked if anyone wished to address the Council. Mr. Bill Daugherty, representative of Richard G. Witt is office, who is agent for Dr. Foucher, addressed the Council, advising that Dr;' Foucher had purchased additional property to the rear of this property in order to comply with the requirements of what will be the C-7 zoning, primarily, regarding parking. Plot plans and building plans are now completed and they are ready to proceed with this development. Mrs. Louise Seidlitz addressed the Council, advising that she had sold this property to Dr. Foucher; that the balance of the 10-acre parcel is being used for agricultural purposes, that of raising flowers, which use will terminate with the termination of the lease in another year; that she then plans to sell the balance of this property to Dr. Foucher, or for similar development of the entire 10 acres, to include, possibly, a hospital. Consideration was given regarding future street possibilities in this area, and the new comprehensive zoning map was placed upon the bulletin board to determine the zoning which had been recommended by the Planning Commission. Mr. Daugherty further explained that the Doctor is ready to proceed and that the development would be in accordance with the plans presented. closed. There being no further discussion, the Mayor declared the hearing RESOLUTION NO. 5135: Councilman Pearson offered Resolution No. 5135 and moved for its passage and adoption, authorizing the preparation of necessary ordinance, changing the zone, as requested, subject to the recommendations of the City Planning Commission. 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 SAID CHANGE OF ZONE. .( F-58-59-64 - C-l) On roll call the foregoing Resolution was duly passed and adopted by the following vote: 3284 City Hall, Anaheim, Califo~nia - April 7, 1959 - 7:00 P.M. AYES: NOES: ABSENT: COUNCILMEN: COUNCI LMEN: COUNC I LMEN: Fry, Pearson and Schutte. Coons. Borden. The Mayor declared the foregoing Resolution duly passed and adopted. PUBLIC HEARING - PROPOSED ABANDONMEN~: Pursuant to Ordinance No. 1334, duly passed and adopted by the City Council MarcD 17, 1959, and published in the Anaheim Gazette March 19, 1959, and notices posted March 27, 1959, public hearing was held on the proposed vacation and abandonment of a portion of Winston Road and an easement for road purposes upon, over, across and along property described in said ordinance (south side of Winston Road between West Street and Harbor Boulevard). Communication dated April 7, 1959 from John L. Mace, Attorney representing Mr. Fred R. Wallich, owner of property abutting Winston Road, objecting to said pro- posed abandonment, was submitted and read. The Mayor asked if anyone wished to address the Council. A map of the proposed abandonment was placed on the bulletin board. Mr. John Wise, representing Disneyland, Inc. addressed the Council, advising that they were not asking for the complete abandonment of Winston Road, but rather a realignment thereof; that they are the owners of the property adjacent north and south of that portion of Winston Road on which this abandonment is pro- posed, and if the requested five foot strip is abandoned on the south side, Disneyland, in turn, will dedicate a five foot strip on the north side of Winston Road. Mr. Turner reported that he had spoken with Mr. Mace just prior to tonights meeting, and he stated that he was unable to determine from the notice of abandonment that this was merely a realignment of the street, moving said street northerly five feet, but upon viewing the map, he apparently could see no objection to the pro- posed abandonment, however, he filed his prepared objection and apparently does not intent to pursue the objection further. The Mayor asked if anyone else wished to address the Council, there being no response, declared the hearing closede RESOLUTION NO. 5136: Councilman Fry offered Resolution No. 5136 and moved for its passage and adoption, ordering said vacation and abandonment of a portion of Winston Road, as proposed, subject to receipt of deed of easement from Disneyland for the dedication of a like five foot strip on the north side of Winston Road. Refer to Resolution Book, page A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF A PORTION OF WINSTON OAD AND AN EASEMENT FOR ROAD PURPOSES UPON, OVER, ACROSS AND ALONG THE HEREINAFT R DESCRIBED REAL PROPERTY. (5 foot strip on south side of Winston Road between West Street and Harbor Boulevard.) On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYE S : NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Coons, Fry, Pearson and Schutte. None. Borden. The Mayor declared the foregoing Resolution duly passed and adopted. The City Clerk was requested to withhold recordation of the above resolution until such time as the deed for dedication is received. ENCROACHMENT PERMIT: Request of Mrs. John Such for encroachment permit to allow construction over a drainage easement, thereby connecting two buildings located at 1315 and 1321 South Los Angeles Street, was held over from the meeting of March 24, 1959 for further investigation. Mr. Turner reported regarding this request for an encroachment permit to construct a structure over the ten foot drainage easement, and advised the City ~~~~'c~'"''''"::--- 3285 Cit Hall Anaheim 1959 - 7:00 P.M. Council that they had no authority to legally grant this permit; that perhaps a moveable type passageway might be considered. Mr. Piersall reported the location of this easement that had been placed on a tract map recorded in the City, and also reported regarding his contact with the State on this matter. He was concerned by the danger in the future that might be caused from leakage and advised that any construction or activities within this easement ~hould be something that would be, not only portable, but constituting a very minor nature of a structure. Mrs. Such addressed the Council regarding State requirements relative to this type of activi ty,. which they @ust abide by, and advised that the State would not approve a portable arrangement. Mrs. Rich, operator of the rest home, was present at the meeting. It was determined that the State recommended size, that of 17 feet, could not very likely be portable. Also, being that underground culverts have been known to rupture, crack and leak, and in the event this was carrying a maximum capacity of water, could undermine the surrounding foundations and could cause damage to the building and even injury to people, therefore, Councilman Pearson moved said request be denied. Councilman Fry seconded the motion. MOTION CARRIED. AMENDMENT - DEED RESTRICTIONS, TRACT NO. 2701: Communication from Clearbrook Lane Corporation, George D. Buccola, was submitted, requesting an amendment to Condition No.4 of Deed Restrictions recorded in Book 4455, page 185, to allow unrestricted C-l use of the property facing Brookhurst Avenue. A map of the area was presented to the City Council and the situation explained by Mr. Murdoch. Councilman Pear$on moved that it be the Council's intention to grant this request, and authorize the City Attorney to prepare a proper Resolution. Councilman Fry seconded the motion. MOTION CARRIED. SIDEWALK WAIVER: Communication to Mr. Piersall from D. V. Dustin, General Mills, Inc., was submitted and.read, requesting waiver of sidewalk requirements at their new plant on Ball Road. RESOLUTION NO. 5137: On the recommendations of the City Engineer, Councilman Coons offered Resolution No. 5137 and moved for its passage and adoption, granting a temporary waiver of sidewalk requirements until such time as the City Engineer's office feels they are required. Refer to pesolution Book, page A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING A TEMPORARY W R F SIDEWALK RE UIRE ENTS ON PROPERTY LOCATED AT 1~06 tASr: .BALL.'~aAD'\ ~~EHHE, ANAHEIM, CALIFORNIA. General Mills, Inc.) On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Coons, Fry, Pearson and Schutte. None. Borden. The Mayor declared the foregoing Resolution duly passed and adopted. _MOVING PERMIT - WAIVER OF CODE REQUIREMENTS: Communication from Chester L. Kuebler was submitted and read, requesting waiver of the 1225 square foot house re- quirements to allow him to move a two car garage with a 528 square foot apart- ment above, from 120 North Janss Street to the rear of the lot located at 1104 East Broadway. Mr. Kuebler addressed the Council, advising that this was an R-3 zone and that there was presently at 1104 E. Broadway a garage building which he intends to remove in order that this building can be located there. ".'ltllliliIV~_ .~,~jl__ 3286 City Hall, Anaheim, California - April 7, 1959 - 7:00 P.M. A petition containing 38 signatures was submitted at open meeting, approving the moving in of this unit. Discussion was held by the City Council regarding their interpretation of developed and undeveloped property. An explanation of the pres~nt ordinance was given by Mr. Turner with reference to the minimum lot area which applied to all undeveloped property, not necessarily to any particular zone. At the conclusion of the discussion, Councilman Coons moved that it be the intention of the City Council that undeveloped property should be interpreted as City lots with no dwelling structures thereon; that developed property include City lots with structures. Councilman Fry seconded the motion. MOTION CARRIED. By the necessity of moving the existing structure and there being a structure on the front portion of this lot, it was considered that this parcel of property was presently developed. With this interpretation, the moving of this dwelling would be permitted in compliance with the Anaheim Municipal Code. PUBLIC DANCE PERMIT: Request of Orange County Property Owners Association, Inc. for dance permit, May 16, 1959, Anahaim Bowl, was submitted, and recommended by the Chief of Police subject to policing requirements. Mr~ Rito Madrid, President of the Association, addressed the Council, advising that they ~ere willing to comply with the requirements of the Police Department. Said public dance permit was granted on motion by Councilman Fry, seconded by Councilman Coons, subject to the recommendations and requirements of the Police Department. RECLASSIFICATION NO. F-58-59-42 - EXTENSION OF TIME: (Tract No. 3371 and 3392) Request of Mr. A. R. McDaniel for extension of time established in Resolution No. 5025, regarding Reclassification No. F-58-59-42 was submitted. On motion by Councilman Pearson, seconded' 'by Fry, extension of time was granted to a time concurrent with the filing of the tentative maps. MOTION CARRIED. FINAL MAP - TRACT NO. 2495: Subdivider, Twin Cities Realty Company. Tract located west of Los Angeles Street, between Winston Road and Midway Drive, and contains 24 lots. Final map of Tract No. 2495 was approved by the City Council, on the recommendations of the City Engineer, on motion by Councilman Pearson, seconded by Councilman Coons. MOTION CARRIED. FINAL MAP - TRACT NO. 2863: Subdivider, Johnson-Hall Construction Company. Tract located on the northeast corner of Knott and Orange Avenues, and contains 15 lots. Final map of Tract No. 2863 was approved by the City Council, on the recommendations of the City Engineer, on motion by Councilman Pearson, seconded by Councilman Coons. MOTION CARRIED. FINAL MAP - TRACT NO. 2534: Subdivider, Doyle and Shields. Tract located at the northeast corner of Ball Road and Eu~lid Avenue, and contains 16 lots. Final map of Tract No. 2534 was approved by the City Council, on the recommendations of the City Engineer, on motion by Councilman Pearson, seconded by Councilman Coons. MOTION CARRIED. TENTATIVE AND FINAL MAP - TRACT NO. 3373: Subdivider, Lanai Gardens, Inc. Tract located on the north side of Ciifton Avenue, between Philadelphia and Claudina Streets, and contains 8 lotS. Mr. Piersall reported that this was a resubdivision of 9 lots (Tract No. 2757) by redistribution of the a~ea, increasing the widths therein and re- ducing the number of lots from 9 to 6; that all improvements are covered under "_..,,.,",~..iiI","""'''''':'':','':'''"'',:;,_;C',,~.c.;.:~:..;';,,,~"':<,.'.,," " -- 3287 City Hall. Ana~eim. California - April 7. 1959 - 7:00 P.M. the former bond. Tentative and final map, Tract No. 3373, was approved by the City Council, on the recommend,ations of the City Engineer, on motion by Councilman Pearson, seconded by Councilman Coons. MOTION CARRIED. RECLASSIFICATION NO. F-54-55-5 (ORDINANCE NO. 1035): Request of Mr. Thomas Coughlin for amendment to Condition No.5 of Ordinance No. 1035, reducing the minimum area of the property to be maintained for customer and service parking to 50%, to allow for the establishment of a retail off-sale liquor store and delicatessen on property located on the west side of Harbor Boulevard, 150 feet north of Katella Avenue, was submitted and read. Mr. Coughlin addressed the Council, advising that they had a 25 fbot easement on the rear of their property allowing access to Katella Avenue, and that they also hope to construct a barber shop. This matter was referred back to the City Planning Commission for recommendation and report on motion by Councilman Fry, seconded by Councilman Coons. MOTION CARRIED. RECLASSIFICATION NO. F-53.54-26 (ORDINANCE NO. 935): Request to amend Item D of Condition No.3 of Ordinance No. 935, "That no building shall be used for re- sidential purposes unless rezoned~, for Tract No. 2534 (Subdivider, Doyle & Shields, tract located at the northeast corner of Ball Road and Euclid Avenue). Said request was referred by the City Council back to the City Planning Commission for recommendation and report, on motion by Councilman Pearson, seconded by Councilman Fry. MOTION CARRIED. KATELLA PARK ANNEXATION: Orange County Boundary Commission's report dated March 30, 1959, was submitted and read, and ordered received and filed on motion by Councilman Coons, seconded by Councilman Fry. MOTION CARRIED. TRANSFER OF FUNDS: Transfer of $4,500.00 from the General Fund to the Bond and Interest Redemption Fund to cover the principal and interest payment on Joint Outfall Sewer Bond No. 18, was authorized on motion by Councilman Schutte, seconded by Councilman Fry. MOTION CARRIED. CANCELLATION OF CITY TAXES: Cancellation of City taxes on property acquired by the County of Orange for flood control purposes, formerly assessed to Claude L. Cameron, Trustee, J. Barton Hutchins and Edwin W. Pauley, Jr., was authorized on motion by Councilman Fry, seconded by Councilman Coons. MOTION CARRIED. RESOLUTION NO. 5138: Councilman Coons offered Resolution No. 5138 and moved for its passage and adoption. Refer to Resolution Book, page A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING THAT ALL PROPERTY WITHIN THE CITY SHOULD BE EXEMPT FROM COUNTY STRUCTURAL FIRE PROTECTION TAX. On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNC I LMEN: Coons, Fry, Pearson and Schutte. None. Borden. The Mayor declared the foregoing Resolution duly passed and adopted. P~RCHASE OF EDISON COMPANY FACILITIES - EUCLID AVENUE: Purchase of Edison Company facilities on Euclid Avenue, south of the Riverside Freeway to La Palma Avenue (8 consumers) at a total price of $14,552.36, was recommended by George F. Oelkers, Director of Public Utilities, and authorized by the City Council on motion by Councilman Coons, seconded by Councilman Fry. MOTION CARRIED. PURCHASE OF EDISON COMPANY FACILITIES - GILBERT STREET: Purchase of Edison Company facilities on Gilb4rt Street from Crescent Avenue to Lincoln Avenue ~'.,,~.,., .-.<:.;i.','h:<;F.#.c";""~' """"~"""""';~4'~_~ ~:iWiil..... ~. . 3288 City Hall, Anaheim, California - April 7. 1959 - 7:00 P.M. (10 consumers) at a total price of $5,831.67, was recommended by George F. Oelkers, Director of Public Utilities, and authorized by the City Council on motion by Councilman Fry, seconded by Councilman Coons. MOTION CARRIED. RESOLUTION NO. 5139: Councilman Fry offered Resolution No. 5139 and moved for its passage and adoption. Refer to Resolution Book, page -", A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING EAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE IMPROVEMENT OF SYCAMORE STREET FROM BUTTONWOOD STREET TO OLIVE STREET, PROJECT NO. 76, AND APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PRO- POSALS FOR THE CONSTRUCTION THEREOFo (Bids to be opened April 30, 1959, 2:00 P.M.) On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Coons, Fry, Pearson and Schutte. None. Borden. The Mayor declared the foregoing Resolution duly passed and adopted. RESOLUTION NO. 5140: Councilman Pearson offered Resolution No. 5140 and moved for its passage and adoptions Refer to Resolution Book, page A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING THE SERVICES OF .THE AMERICAN LEGION. ANAHEIM POST NO. 72, AMERICAN LEGION LIGHT DUTY RESCUE TEAMS MEMBERSHIP AS AN AUXILIARY UNIT IN THE ANAHEIM FIRE DEPARTMENTiS RESCUE OPERATIONS PROGRAM, AND THE PROGRAM OF ORGANIZATION AS OUTLINED BY THE AMERICAN LEGION'S NATIONAL SECURITY COMMISSION IN CONNECTION WITH THE CITY is CIVIL DEFENSE AND DISASTER PREPAREDNESS OPERATIONS PLAN. On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES: NOES: ABSENT: COUNCILMEN: COUNC I LMEN : COUNCILMEN: Coons, Fry, Pearson and Schutte. None. Borden" The Mayor declared the foregoing Resolution duly passed and adopted. RESOLUTION NO. 5141: Councilman Coons offered Resolution NOe 5141 and moved for its passage and adoption. Refer to Resolution Book, page A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE LEASING ~ CERTAIN REAL PROPERTY BY THE CITY OF ANAHEIM FROM HOSKINS LAND COMPANY. On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYE S : NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Coons, Fry, Pearson and Schutte. None. Borden. The Mayor declared the foregoing Resolution duly passed and adopted. COMPREHENSIVE LIABILITY INSURANCE - UNITED PACIFIC INSURANCE COMPANY POLICY NO. CLP 95182: (Renewal of third year of three year policy) Effective April 12, 1959 to April 12, 1960. Premium, $17,852.50. Renewal of said policy and payment of premium was authorized by the City ~~7~~:i:$'::;_.!J.~... 3289 City Hall 4 Anahelm. California - ADril 7, 1959 - "1100 .P_JL Council on motion by Councilman Schutte, second~d by Councilman F~y~ ~ION CARRIED. MINUTES; Minutes of the Executive C0fI1I11 ttee meeting, of the Joint Outfall. Sewl!r held March 5, 1959. was ordered received and filed on motion by Councilman Fry, seconded by 'Councilman Coons. MJTION CARRIED. CORRESPONDENCE: Correspondence not requiring vote of City Council was oPdered received on motion by Councilman Coons, seconded by Councilman Fry. MOTIaM CARRIED. BID OPENING: Councilman Coons moved that Mr. McDougal be autherized to act for Mro Piersall, City Engineer, at the bid opening, Thureday, Ap~11 9, 195~. Councilman Fry seconded the motion. MDT I ON CARRIED. Councilman Pearson moved to adjourn. Councilman Fry &&conded the motiono MOTION CARRIED. ADJOURNE:Q:35 P.M.) SIGNED; . /1!. ~.; ~v City Clerk City Hall. Ananeim. California - &>ril 14. 1959 - 7,00 P.M.. ~ .".'oj. PRESENT~ ABSENT: PRESENT: The City Council of th~ City of Anaheim met in regular sessiono COUNCILMEN: Borden, Coons, Fry, Pearson and Schutte. COUNCILMEN: Noneo CITY MANAGER, Keith A. Murdoch CITY ATTORNEY. Preston Turner CITY CLERK a Dene Mo Willia~s CITY ENGINES~. Thornton Piersall CITY PLANNING DIRECTORs Robert W. Mungell Mayor Schutte Called the meeting to order. MINUTES~ Minutes of the regular meeting held March 24, 1959, and adjourned regular meetings held Ma:tGh 25, March 31, April 1 and April 7, 1959, Were ap- proved on motion by CounCilman Coons, seconded by Councilman Bordeno MOTION CARRIED. RESOLt)TION NO. 5142: CoUncilman Borden offered Resolution No. 5142 and moved for its passage and adoption, approving and directing the payment of Warrants Noso 1250 to 1500, both inclusive, with the exception of Warrant No. 1273 in the amount of $2,853.56, payable to the Anaheim Chamber of Commerce. Refer to Resolution Book, page A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND DIRECTING THE PAYMENT OF DEMANDS AdAINST THE CITY AS OF APRIL 14, 1959. ($530,319.69) On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES: NOE S : ABSENT: COUNCILMEN: COUNCILMEN. COUNCil LMEN. Borden, Coons, Fry, Pearson and Schutte. None. None. The Mayor declared the foregoing Resolution dUly passed and adopted. . . _:,.:.:..:-..-...^::~--~""