1951/04/10
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1UO
__..9~~_tx__HalhAnaheirr., Cali_f..9.!niaJ~Bril 10, 1951 - 8;00 P.N.
The City Council of the City of Anaheim met in regular session.
FRESENT: c;OUNGIL!\1EN; Pearson, Wisser, He:ring, Boney and Van Wagoner.
ABSENT: COUNCILMEN: None.
CITY ATTCRNEY TUIDJ~; Present.
CITY ADMIKISTRATIVE OFFICER, KEITH MURDOCH: Present.
The meeting was called to order by Mayor Pearson for the purpose of conduct-
ing a Public Hearing on the legality of the Variance granted J. P. Duval under
Resolution No. 1484, enacted July 16, 1946. This action was brought about at the
request of Attorney John Shea, acting on behalf of his client, Mr. Gerald Endicott,
owner of adjoining property. Mr. Shea set forth the following reasons for request-
ing the revoking of said permit:
1. That the continued operation of the sand pit constitutes a public and
private nuisance in that the excavation incident to the operation of the sand pit
has removed the lateral 5up~ort of all the adjoining property owners. In addition,
because of the increased development of the area surrounding this property, the con-
tinued operation of trucks to and from the sand pit is a nuisance and source of an-
noyance to the home owners in this locality.
2. The trucks coming froQ the sand pit are constantly spilling dirt and
sand from the trucks and ra.ising dust that is a source of annoyance to the property
owners in this locality.
3. That the continued operation of this business is in violation of the
variance that was granted for the reaSon that the supply of sand has been exhausted
and the present operation consists of the removal of silt from the bottom of the pit,
the removal of which is not authorized by the variance.
4. There is also an additional violation in the use of the subject property
in that it is being used as a hog farm in violation of the State Health Laws and in
violation of City Ordinance No. 512 in that the hogs are being raised upon the
propertJ' of the oWner without any permit as is required by the said Ordinance No. 512.
The City Clerk read the complaint. and the original Resolution No. 1484
permitting variance to the zoning restrictions was presented, and that portion of
the variance setting forth the conditions under which the variance Was granted WaS
read aloud b~' the City Administrative Officer. Keith Murdoch.
Mr. Shea addressed the Council regarding the conditions and facts upon
which the Variance Was requested revoked.
Mr. Shea was informed by the City Administrative that all the hogs had just
been recently removed.
Mr. Warren Schutz, Attorney representing Mr. J. ? Duval addressed the
Council stating that Mr. Duval was endeavoring to level the bottom of the pit; that
it is no more appropriate to single out Mr. Duval than Mr. Moreno or Mr. South. In
their opinion the only valid objection was that there was dirt spilled on the roads
and Mr. Duvall has done everything possible to keep down the dust, such as having the
i-oads sprinkled down with water. The only thing he asks is to remove this loose silt
which has -been piled up at a considerable expense to him,. Then if the Ci ty would
ike to use it as a dump ground, it would be agreeable with him.
Those addressing the City Council were:
81M MORRIS: employed by Mr. Duval to level off the bottom of the pit to the lowest
level.
MRS. ENDICOTT: Adjacent property owner, in opposition.
I<R. GERALD ENDICOTT: Adjacent propert~:. owner, in opposition.
~'IRS. STARR: in op"Dosition.
F. L. 1AKE~~N: in opposition.
FRED KLINE: in opposition.
WILLIA1-1 FLEIS CHMAN: in opposi t ion.
MR. LOUDEN: in opposition.
~ffi. STOCKIN: Purchaser of the Duval residence, in opposition.
~ffiS. 1AKE~~: in opposition.
~ffi. LOWEF.ING: Defending the truck drivers. in that they do sprinkle loads of sand
taken from the pits.
!-olio HART: Operator of one of the sand trucks, in defense of taking every possible
measure to avoid sand spilling from trucks.
FRANK MORENO: Reporting it is his belief that the trucks causing the nuisance are
not from the Duval pit.
J. W. SCHILLER: In favor of the continuation of the business.
Mayor Pearson thanked the audience for their attendance and concern and
assured them that a thorough study would be made of the matter, and a decision would
be rendered later. Thereupon the Public Hearing was adjourned.
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~__...,_.__-.9.i.t~ Hall, Anaheim, CalifQrnia, April 10,1951 - 8:00 P.M.
After adjournment of Public Hearing the regular bu~iness before the council
\liaS resumed..
The Mir,utes of t}le meet ing held March 27, 1951 were approved as mailed on
~otion b~T Councilman Van Wa~oner, secondec by Councilman Heying. MOTION CARRIED.
SA.... Ll:;iJL..IS; Councilman Van Wagoner reported demands against the city
amounting to $334.976.52. Councilman Boney moved that report of Finance Committee
be accepted and that wc,rrants be drawn upon the Treasurer to pay said demands in
accordance with report. Cotmcilman Wisser seconded the motion. MOTION CARRIED.
-Ji.g~:_AL &: CFZ?lLI E~":;~'::CF:liS for the month of March, 1951 were ordered received
and filed on motion by Councilman Van Wagoner, seconded by Councilman Boney. MOTION
CA..1ffi I ED .
)l.ci}, S I .E~:NDS: The following Plumbers' Bonds, having been approved by City
Attorney, Preston Turner, were ordered received and filed on motion by Councilman
Boney seconed by Councilman Wisser. MOTION CARRIED;
E. M. QUINN. Buena Park. amount of $1,000.00.
JOHN ~1. GOLD, Santa Ana, amount of $1,000.00.
PATRICK CONNOLLY, Buena Park, amount of $1,000.00.
RALPH E. THRANE, in the amount of $1,000.00.
-.j.fl..TJ!:rICAII(..'N; from Lloyd A. Burrows, M.D. requesting change of zone on South
Los Angeles Street from R-3, as proposed in Ordinance No. 776, to Single-Family
Was ordered referred to the City Planning Co~~ission for recommendation and study
on motion by Councilman Van Wagoner, seconded by Councilman He~ring. MOTION CARRIED.
.J'Ll<(I:=.AII~..'}:: from James D. Duval thanking the Council for the manner in which
his Hog problem was handled.
PE;SCLl?TIUN, 30AHD (Xl SillERVISORS: Orange, County, allocating a total of $14,353.01
Ot:t of the County's apportionment of the California Highway User's Tax Fund, to be
used exclusively for the purpose of improvement of South Palm Street in the City of
Anahe im.
;.J,;Ul\'I:';NTI from the Uni vers i ty of California thanking the Ci ty for the use of
the City Council Chambers for their Traffic Conferences in connection with the
Auto Club of Southern California..
,;p.TIlN: from Anaheir.: Public Library thanking the City Council for their
attendance to their County Library Club Dinner.
2,}., I L:'~S: from Ro bertL. Condon, Sam L. Collins, and Earl W. Stanley in
reference to their opposition to A. B. 1117.
CkTICK~ from the State Compensation Insurance Fund requesting that the City
express their views in opposition to the passage of A. B. 2612 and S. B. 1722.
This Bill has to do with the writing of Compensation Insurance by Insurance Agents.
H=:~ATI 1<: from the Santa Fe Railway COillpanJr1s local agent, acknowledging
receipt of our letter requesting the Streamliner to reSW:le passenger service in
the Ci t:/ of Anaheim.
.i'~. L),)",r._ (,1\ FCR SCLl~' Iliff I ]Ti~mS: The Rescue Army, 9405 South San Pedro St.
Los Angeles, California, was denied on motion by Councilman Heying, seconded by
Councilman Wisser. MOTION CARRIED.
H_ .J} CAr:'I CN FCP ;. UST. I AMUSEIJ:,:NT ECO~: OR PARLOR: 137 South Los Angeles Street,
wherein Pool Tables are maintained for public use was granted on recommendation
of the Chief of Police on motion by Councilman Van Wagoner, seconded by Councilman
Wisser. MOTION CARRIED.
C~)EI :OL:ECT ON ()F TEASE: Proposi tion of Taormina t.& Stepanian to collect
combustible rubbish in the business district, six days per week at the sum of
$300.00 per ~onth, payable by the city, was accepted on a trial basis for a
period of six months, upon the recommendat~ons of the City Administrative Officer,
and in accordance wi th Agreement to be submi t ted b~l the Ci ty At torney for acceptance.
The Mayor and Clerk to be authorized to sign said Agreement on behalf of the City
of Anaheim. C. V. Taormina and William Stepanian to post a bond in the amount of
$1.800.00 (six months service). Above authorization taken on motion by Councilman
Boney, seconded b:r Councilman Van Wagoner. MOTION CARRIED.
The City Attorney outlined several features in regard to Public Liability,
and Property Damage and other features to be covered by the Agreement which was
understood by Taormina and Stepanian who were present at the meeting.
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City Hall, Anaheim, California, April 10, 1951 - e;OO P.M.
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was held over for correction and reintroduct:Lon.
'uJ;USEI~' ~...j;I\.,'SJ~L;r ,)1\. H. M. Foster - W. R. Newsom - H. H. Fuller - Patrick B. Eoden
and Mrs. Marcella, Borzell submitted signed petition requesting the consent of the
City Council of the City of Anaheim to commence and conduct proceedings for the
annexation to the City of Anaheim the following described property:
A tract of land including a portion of Sections 2, ) and 11, of Township
4 South, Range 10 West, San Bernardino Base and Meridian and Lots 14, 18
19, 20, 22, 2) and 24, of the Golden State Tract No.2 as shown on a map
recorded in Book 4, Page 68, Miscellaneous Records of Orange County, also
including Acacia Street, Burton Street, Liberty Lane and a portion of
Romneya Drive. East La PalmA Avenue and Raymond Avenue, and North East
Street, in the County of Orange, State of California.
Description of the foregoing property has been checked.
Mr. Ernest Moeller, General Manager of the Anaheim Chamber of Commerce
addressed the Council stating that a great number of people in the territory desired
to come into the City.
Mr. Boden addressed the Council and stated that a number of the people
desiring annexation would like to have further information pertaining to water mains,
other utilities, the cost.
I\ilr. Murdoch, Administrative Officer outlined the water main extent ions
-; olic~',
A daughter of Mrs. Rebecca Johnson, residing on Raymond Avenuet addressed
tne Council stating their present opposition to annexation and inquiring as to the
benefits as may be derived therefrom.
Mr. Idsoe inquired as to the cost of service to his property.
~lr. Moeller advised the group present as to the difference in taxest city
and county, Insurances and other values and distributed a statement of comparative
figures for the benefit of the people interested.
Mr. Anderson expressed his desire to annex and become a part of the City.
30 foot easement from Liberty Lane for street purposes was mentioned by
Mr. Anderson.
The City Attorney advised that there must be consent of the City of Anaheim
to proceed with the annexation of this territory, and before the petition may be
presented. the matter must be brought before the City Planning Commission of the City
of Anaheim and the CitJ" Council to await the recommendations of said City Planning
Commission.
It was thereupon moved by Councilman Boney, seconded by Councilman Heying
that the matter be referred to the City Planning Commission for their action and
recoI:lmendation at the next meeting. MOTION CARRIED.
r
JRCHASE 'lEA 2T\:}\ Atill S'vJING-BOCl'-l: Cost $2,950.00 to replace old and defect i ve
equipment nOvi being used was recommended b~l t~le Administrative Officer. Purchase
was so ordered on motion b~" Councilman Boney, seconded by Councilman Van Wagoner.
MOTION CARRIED.
:;.,;?AIR I..,r CJ\,GL,~LJA~IfE JIJDER NANC:H:ESTEF CROSSING: Regarding the cost of repair of
the Magnolia Line under Manchester Cr~ssing, Mr. Koebig states the charge of 4~
Contract Cost on amount expended on repairs, to be a legimate charge, which was not
in agreement with the views of the Administrative Officer. The City Attorney waS
instructed to look at the Contract and advise the Council in the matter.
,--;I" A..D I CH: Progress Report shows all payments made up to date which was
explained satisfactorily by the City Engineer. and that the Field Estimates took
caSe of hte expenses involved.
IhIILING 'viFTEE }.NJ) 01':1 \t~-.E1tS: Subject of drilling of water wells and wil wells
within the corporate limits of the City was discussed. It was also stated that the
County of Orant;e has leased property now incorporated within the City Limits for
Oil Drilling purposes. This question was ordered referred to the City Planning
Commission.
.ll\J1.Cl' NC. C~l,~,: RalpIl Iv1aas. Fi.nEtl I~Ia.p: Acceptance of Final ~Iap of this tract
was held over at the earlier part of the meeting and was again brought up for
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109
_. - _9 i t y . Hl! ~1..~. Anahei..:l1 t C~ it for 1.2j.;.~J... .A TI r i1... .1 O!-.l:.2.2.~ .
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.~ scussion 'J!hen Mr. Ral:oh Maas appeared in his on behalf. After thorough discussion
of matters nertainins to t}'w Tract, motion was made b:-F Councilman Boney, ~econded
Councililian Wisser and carried that the Final Map of Tract No. 1;04 be acceDted.
(Councilman He:fing absent at this time). ~
?[,.=l~.:r.,Elr= TC:)ITY LANNIJ:G ~CJi1i.,I5~;I0N: Mayor Pearson a.ppointed Mr. A. J. Schutte
3S a member of the City Planning Commission for the three-year term expIrIng
February 1, 1954. Councilman Boney moved the foregoing appointment be ratified.
COill1cilman Wisser seconded the motion. MOTION CARRIED.
Ap~ointment to the City Planning Commission of Mr. M. A. Gauer was brought up for
discussion.
E~5Ulr:'ICN NO. - 7: Councilman Heying offered Resolution No. 1837 and moved for
its ~assage and adoption. Councilman Van Wagoner seconded the motion. MOTION CARRIED.
WHEREAS, the State of California and the City of Anaheim entered into
an Agreement for allocation of State Aid dated August 6, 1947, as amended and
supplemented, under the provisions of Chapter 29. ,Statutes of 1946 (First Extra
Session), as ~mended, wherebjr the State of California allocated to the City of
Anaheim the sum of NINETEEN THOUSAND EIGHT HUNDRED FORTY TW'O AND NO/lOa DOLLARS
($19,842.00) for expenditure for establishing temporary and emergency veterans"
housing project known as Project No. CAL-V-4)B6; and
WHEREAS, said Agreement, as amended and supplemented, is now in full force
a..YJ.d eff ec t: and
WHEREAS, the City of Anaheim now desires to repay the State of California
the Sl.:m of TEN THOUSAND EIGHT huNDRED SEVENTY-T\'JO AND 14/100 DOLLARS ($10,872.14)
received by the City of Anaheim from the State of California in connection with
said Agreement, as amended and sUppleGIented, and terminate said Agreement and all
&~endments and supplements thereto; and
WliEHEAS t the Local Agnecy to the date hereof, has repaid to the State the
SLUr! of TWO THOUSAND TVlO HUNDRED AHD EIGHTEEN A1TD 71/100 DOLLARS ($2,218.71), thereby
leavinr; a 'balance of EIGHT 'FHOTJSAIJD SIX HUNDRED AND FIFTY-THREE AND 43/100 DULLARS
($8,653.43).
WHEREAS, an Agreement to Terminate Agreement for Allocation has been
submi tted to the Ci t::r of Anaheim for Consideration:
NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Anaheim
t:lat the City of Anaheim repay to the State of California the sum of EIGHT THOUSAND
SIX HUlIDRED AND FIFTY-THREE AND 43/1:J0 D_LLARS ($8,653.43), and that said Agreement
dated August 6, 1947, and all amendments and supplements thereto, shall be terminated,
ane R. W. MUNGALL, PROJECT MANAGER of the City of Anaheim be and he hereby is
~lthorized ana directed to sign on behalf of the City of Anaheim said Agreement to
Terminate Agreement for Allocation and submit the same to the State of California,
De~artment of Finance. Local Allocation Division, for execution.
On roll call the foregoing Resolution was duly passed and adopted by
the fOllowing vote:
AYES: COUNCIL~'~N; Pearson, Wisser~ Heying, Boney and Van Wagoner.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: None.
The Ma~ror declared Resolution No. 1837 duly passed and adopted.
3('L-111.N . 18:~,3: Councilman Van Wagoner offered Resolution No. 1838 and moved
for its passage and adoption. Councilman Wisser seconded the motion. MOTION CARRIED.
ESOLDTIGN OJ!"' ThE CITY COUNCIL OF TJ:i.B CITY VE' ANAHEIM AUTHORIZING THE PURCHASE AND
ACCEFTIiJG CUNV.B.;YANCE OF REAL PROPERTY.
WHEREAS. the City Council of the City of Anaheim is desirous of purchas-
ing the hereinafter described real property for public purposes, to wit: for the
purpose of streets. alleys or utilities or for either or any of said purposes; and
WHEREAS. the owners of said property have offered to sell said hereinafter
described real property to the City of Anaheim for the sum of One Dollar ($1.00); and
WHEREAS. the City Council of the City of Anaheim finds that it is for the
benefit and best interest of the City of Anaheim to accept said offer and purchase
said real property:
NOW, THEREFOREt :BE I'r RESOLVW...1) BY THE CITY COUNCIL OF THE CITY OF ANAHEIM,
that the offer of Anaheim Union WaterCompany, a California Corporation. to sell to
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,"__.__9J.tx Hall,. Anaheim, California, April la, 1951 - 8:00 P.M.
the City of Anaheim the following described real property situated in the City of
Anaheim~ County 01 Orange, State of California, and more particularly described as
follows:
A.i.l of the water alley 16-1/2 feet wide l:ring between Vineyard
Lots A-7 and B-7, as per map thereof recorded in Book 4, pages
629 and 630 of Deeds, records of Los Angeles County, California,
and extending from the Eas1erly line of West Street, 66 feet wide,
to the Westerly line of Citron Street, 49-1/2 feet wide.
be and the same is hereby accepted by the Cit~r Council of the City of Anaheim on
this the 10th day of April, 1951. and that the City of Anaheim accept a conveyance
of said real property.
BE IT FURTHER RESOLVED that the City Treasurer of the City of Anaheim be
and he is hereby authorized to pay the owners of said real property, out of General
Funds of the City of Anaheim, the sum of One Dollar ($1.00).
RlL-US&j CF'::E~jALC.E: First reading of an Ordinance amending Ordinance No. 667 to
affect collections and enforcement of provisions of Ordinance No. 667 and Resolution
No. 1667 was brou.ght up on motion by Cou.nci1man Boney and mo'/ed for its introduction.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM A~1ENDING ORDINANCE NO. 667
ENTITLED "AN ORDINANCE REGULATING THE USE OF FUBLIC SEWERS".
JUVAL SAN~ FIT: REVCKING OF RESULUTIO}~ no. 1484: The matter of revoking Resolution
No. 1484 granted to J. F. Duval, permission to operate a Sand Pit was again brought
up. After a thorough discussion of the problem, it was moved by Councilman Van
Wagoner that the Variance of J. P. Duval for the operation of Sand Pit be revoked.
and that Resolution be submitted by the City Attorney covering such revocation and
allowing 30 days in which to comply with said Resolu.tion. C01~ncilman Heying seconded
the motion. MOTION CARRIED.
Councilman Van Wagoner moved to adjourn. Councilman Wisser seconded the
motion. MOTION CARRIED.
ADJOURNED.
SIGNED /tA~- ~/ ~/,:;;:.? ;I!::J; ~
~'by Clerk
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cit:-.; -Haii ,-'-Anaheim ~--Caiifornia:..-.(prii-24,- 1951 -=8 :.66 -P:"I~i~-----_._--
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Tie C i t~i Counci 1 of the Ci t~j of Anaheim met in regular session.
PRESENT: C0UNCILl-lEN: Pearson, Wisser, He:ting, :Bone;i and Van vh;:,goner.
ABSENT: CGlHJCrJ\;[SN: None.
CITY ATTURNEY; Preston Turner, present.
CITY AD~IINIsr.rRATIVE OFFICER: Keith Murdoch, present.
T::Le [.']lnnt-es of the regular rneeti,ield April 10, 1951 were approved on
:.ction -0.: COiJ"';4cilrJar:.. Vall Wci..gon~~r, seconded b;' Councilman Wisser. J.IOTION CARRI3ID.
..Lui,J,.J:iLS; COll,.:r~cilLlan Van 'vJagoner reported ciemanG_s against th.e citj- amounting to
$12],470.11. Councilcan He;ring moved that report of Finance Committee be accepted
e.r:..d that WcHTi v::, lie cira','m upon tl1e t:.ree.surer to pa~I said demands in accordance wi th
report. CouDcilLan. Bone:.' secondeci tL,e I'lotion l\'lOTION CARRIED.
.DIFI:f. lJtDd'JAl\Cr.:S: Mr. D. G. Wettlin submitted report on t!.-J.e work of
codif:Y'ing 1,:.e Ci t~' Ura. inaI..ces.
I,:;;SGGU'~'1 I\v. 1c:3;1: Councilman :Doney offered Resolution No. 1,539 and moved for
i ts passa~;;e an.cl aa.o)tion. Councilman HC;i'lng seconcied the r.:lotion. MOTION CARRIED.
1... F...ESlJ~J;L I _1:.] Tli,E CI1'l ClJUNCI~ liE THE Crry cF ANAEEIl< AUTEORIZIHG THE CODIFICATIOK
l;F ALL C1 GRDDJA. CiS Arm AU'THCHlzn:G Tl-lE EhfLOYMENT C:F DAVID G. 'v'lETTLIN TO DO THE
VII..JEK uF CCDIT::'ING SAID CRDI~.:ANCES UNDER TTiE DIF.EC'I'IGN lJ:F' TI'lE CIT-Y ATTORNEY AND FIXING
hIS 8UJ",:--Ei:TSAI . N FeR SUC~I S3:RVI~ES.
'. HEF,.2~AS ,
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vnere &.re -LL __
OrC:inEc:ces in the Ci t:/ of Anaheim; and
'vV'?EPSAS, said Ord.inar.c sLave -cee,-; enactec. O'ler D peTiod of ;rears from
1888 to pres8Lt tir:le ano. that during said ':jeriod of time many of said Ordinances have
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