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1958/03/042539 City Hall~ Anahei~ California, February 25, 1958 - 7:00 P.M. Councilman Coons moved to adjourn to March 4, 1958, 7:00 P.M. Councilman Schutte seconded the motion. MOTION CARRIED. ADJOURNED. SIGNED: City Clerk City Hallt Anahei~t Californiat Marc.h 4; 1958 - 7:00 P.M. The City Council of the City of Anaheim met in adjourned regular session. PRESENT: ABSENT: PRESENT: PRESENT: COUNCILMEN: Pearson, Coons, Fry, Schutte and Wi sser. COUNCILMEN: None. CITY ATTORNEY: Preston Turner. CITY ADMINISTRATIVE OFFICER: Keith A. Murdoch. PUBLIC HEARING - VARIANCE NO. 889: Submitted by Peter Petropoulus, requesting waiver of the P-L zone and permission to construct and operate a restaurant and cocktail bar on property described as a triangular parcel of land located on the east side of South Los Angeles Street, approximately 1000 feet south of Ball Road. The City Planning Commission, pursuant to their Resolution No. 171, Series 1957-58, denied Variance No. 889 for a waiver of the P-L zone. Appeal from action taken by the City Planning Commission was filed by Mr. Petropoulus and public hearing ordered. The Mayor asked if anyone wished to address the Council. Mr. Paul Whitmer, associated with the law firm of Lyon, Lev and Smith, and representing the Applicant, addressed the Council relating the history of purchase of the land under consideration. In his opinion, to maintain the 50 foot P-L zone on this property would render the land useless for any commercial purpose. That this was a perfect case for variance, be- cause the land cannot be used for any particular purpose without the granting of a variance and due to its size and shape no special privilege would be granted that would not be granted to others because there is no other piece of property in this same condition. He further advised, that there is a con- stitutiOnal- question whether or not this was the taking of property without compensation, and whether the application of the P-L zoning on this particular parcel of property is unconstitutional because the land is so small that the establishment of the P-L zone renders the property valueless. With reference to an offer of purchase, he advised that at no time has a firm offer of pur- chase been made to the present land owner. That the present applicant is purchasing the property at a much higher figure. Mr. Wm. Clark, representing the owners of the property on the north, south and east of the property under consideration, addressed the Council, advising that they were very much against the granting of the variance. That they purchased their property only after the zoning had been looked into and the fact that the P-L zone was fronting the property. In his opinion, to get the type of industry Anaheim desires, the industrial area should_remain industrial and not be encroached upon by commercial uses. With reference to the statement previously made that the land was purchased before the Ordinance regulating the P-L zone was enacted, this maybe true, however there were no arguments against the establishment of the P-L zoning. Property-wise, the owners he represented were losing more acreage than the owner of this property. With reference to the offer of purchase, he advised that they had met before Christmas in an effort to negotiate. 2540 Ci.ty._~allI Anaheim~ California, March 4~ 1958 - 7:00 P.M. Mr. Clark called attention to the fact that the Variance was being sought he one other than the recorded owner of property, that the owner of the property was not being hurt hy the maintenance of the P-L zone and reiterated their position that the P-L zone should remain as is. Mr. Jerry McPherson, affiliated with H. L. Bryan Industrial Properties, addressed the Council and advised that a meeting was held and they were informed of the sales price and advised that if they were interested to bring in a written letter with a check attached. They were also told that if a use for the property came along, they would apply for a variance. Further, that the lot on the south of the property has only 35 foot frontage and an effort was made to negotiate a trade resulting in additional frontage to them for additional depth to us, however, this trade was never consummated. An explanation was made re- garding the original purchase of the property and the division thereof due to the land taken hy the State for highway purposes. Mr. Lester L. Lev, associated with Mr. Whitmer, addressed the Council ,and called attention to the zoning applying to "zoning used in connection with duly established M-i" and by the taking of this 50 foot strip for planting purposes they are left with the triangular parcel of land, the greatest depth of which is 27 feet, resulting in the taking of about 7/8th of the property for the P-L zoning. A sketch of this area was submitted indicating the amount of property left after the P-L zoning. In Mr. Lev's opinion, this would be taking away for any practical purposes at all, the man's property. He further advised that the City can zone to regulate but cannot zone to completely deny the owner the right to use his property. Also, they were purchasing the property for a figure ten times greater than that offered hy the Kilroy People. Mr. Pete Warnoff addressed the Council, advising that the people in the area prefer a restaurant rather than a factory. There being no further questions or discussion, the Mayor declared the hearing closed. Councilman Coons advised that inasmuch as legal points were raised regarding this application, it perhaps should he referred to the City Attorney for review and report regarding our position in the matter. Councilman Schutte moved that action by the City Council be delaved for two weeks (March 181 1958). Councilman Fry se£onded the motion. MOTION CARRIED. VARIANCE NO. 897 - RECLASSIFICATION NO, F-57-58-34 - TENTATIVE MAP, TRACT NO. 2872, Variance No. 897, submitted by Herman H. Tolkan, requesting a waiver on five lots of the 70 foot frontage requirement to 67 foot frontage requirement. The City Plannin9 Commission granted said Variance. Reclassification No. F-57-58-34, requested R-1 zoning on Lots Numbers 1 and 18 and R-3 zoning on Lots 2 to 17 inclusive of proposed tentative tract map No. 2872. The City Planning Commission recommended said Reclassification. ~ Tentative map, Tract No. 2872 is located immediately south of the Riverside ~reeway, east of Acacia Street and contains 18 lots. As the application for Variance and Reclassification both refer to property within proposed tentative tract map No. 2872, both were considered to- gether. Mayor Pearson announced that this was a public hearing and invited those interested to address the Council. Mr. A. R. McDaniel, Engineer representing the Applicant, addressed the Council, urging the granting of the Variance and Reclassification, and 2541 City Hall, Anaheim, Cali.fo~nia, March 4, 1958 - 7100 advised that the tract has been revamped to meet the changes required by the various city departments, and that 50~ of the lots hack on the Freeway, and in their opinion, would be undesirable for R-1 development. When asked if the R-3 was intended to be two story units, Mr. McDaniel replied that they were, however, the lots facing R-1 will he built single story. Councilman Coons referred to the former tract plan that was developed into 23 lots. Mr. McDaniel advised that the tract was owned by the present owner, however, the former tract lots had 50 foot frontage, which is now not allowedl that the map was engineered hut never recorded. Additional money has been spent hy putting in alleys, etc. and the owner feels that this tract will not sell if developed as R-1. Petition of protest containing 21 signatures and letter of protest submitted hy Ruth R. Eason were read. Mrs. George Huffman, resident in the tract south of the property under consideration, addressed the Council, opposing the multiple zoning and referred to the problem of traffic on Acacia Street, the increased danger to the school children, the over-crowding of Thomas Jefferson School, which school has Just recently been relieved of double sessions. She further advised that this tract was being developed hy the same developer of their tract, and if as little regard is given to the aesthetics as to their tract, she would hate to see the development. Also, the only exit for all the people in this area would he on Acacia Street which street is narrow. It was noted that there is a north-south street proposed, connecting with Romneya Drive for an additional outlet. It was further noted that this tract was entirely surrounded by R-1 development. The Mayor declared the public hearing ~osed on both Variance No. 897 and Reclassification No. F-57-58-34. 8ESOLUTION NO. 4387, Councilman Coons offered Resolution No. 4387 and moved for its passage and adoption, denying Reclassification No. F-57-58-34. Refer to Resolution Book, page A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT A CHANGE OF ZON~ SHOULD NOT BE GRANTED IN A CERTAIN AR~A OF THE CITY H~REI NAFTER DESCRIBED. (F-57-§8-34) On roll call the foregoing Resolution was duly passed and adopted by the following votes AYESs COUNCILM~Ns Pearson, Coons, Fry, Schutte and Wisser. NOESs COUNCILMENI None. ABSENTs COUNCILM~N~ None. The Nlayor declared the foregoing Resolution duly passed and adopted, Mr. McDaniel requested pe~mission to withdraw both Tentative Tract Map No. ~872 and Variance Application No. 897. Said request was granted by the City Council on motion by Councilman Coons, seconded by Councilman Wisser, and tentative map of Tract No. 2872 and Variance No. 897 were withdrawn. MOTION CARRIED. PUBLIC HEARING - VARIANCE NO. 905s Submitted by Arvid and Inta Teters, requesting permission to operate an interior decorating service on property described as 523 South Palm Street (between Santa Aha and Water Streets). The City Planning Commission, pursuant to their Resolution No. 177, Series 1957-58, denied said Variance. 2542 Ci~3_..Hall,_Anaheim, CaliforQi~a M!rch ~, 1958 - 7:00 P.M. Appeal from action taken by the City Planning Commission was filed by Inta Teters and public hearing ordered. The Mayor asked if anyone wished to address the Council. Mr. Glenn Sharp, 554 So. Palm Street, addressed the Council advising that the business itself is not objectionables that the residents in the area object to any business activity in homes. If the homes can be done away with or remodeled with a store front, these activities would be welcomed. With re- ference to this request, attention was called to the fact that there was no through alley here, further, to allow this variance would open the way for any similar request. read. Letter of protest received from V. J. Balderhausen was submitted and Mr. Robertson, Realtor, addressed the Council stating that this was not a drapery shop; that Mrs. Teters was an interior decorator and orders are taken by telephone. Further, there was sufficient parking space available on the property. He then presented a petition approving the granting of the Variance, together with pictures of the dwelling in question, and advised that said petition was signed by 90~ of the property owners on South Palm Street. He further informed the Council that the property owners on South Palm Street would like to see the area zoned C-1 so that buildings can be improved with store fronts out to the sidewalk. Mr. Tony Padilla, 537 South Palm Street, addressed the Council and stated, if the property is allowed to develop in this manner, they will be in a position to receive only residential prices for the property and if it is going co~mmercial and developed with commercial store fronts, the property will sell at commercial prices, and they will realize enough from the sale of these properties to purchase other homes. He also advised that Mrs. Teters did not live here and questioned why she had not requested a variance in her own home. closed. There being no further discussion, the Mayor declared the hearing It was moved by Councilman Fry, seconded by Councilman Wisser, that action by the City Council on this matter be deferred for two weeks for further study. MOTION CARRIED. ~UBLIC H~AR~NG - VARIANCE NO. 909: Submitted by B. Lo Jeffers, requesting permission to convert and use existing residence at 426 South Palm Street for a lock and key service (northeast corner of Santa Ana and Palm Street). The City Planning Commission~ pursuant to their Resolution No. 181, granted said Variance, for a period of not over three years. Reveiw of action taken by the City Planning Commission was ordered by the City Council. The Mayor asked if anyone wished to address the Council. Mr. Jeffers addressed the Council and stated he had been in business in Anaheim for 7 years and when the Variance was granted by the City Planning Commission he moved in the building, not realizing that there was a 20 day period before the Variance was effective. Being partial to antiques, he would very much like to see the building remain as it is, only refacing and landscaping. That the building is 81 years old. code. Mayor Pearson questioned whether this building would pass the building Mr. Jeffers advised that it has been cleared by the City Building Department and that he had a six year lease with option to purchase or release for any number of years, however, at this time he was financially unable to make many improvements to the building. Councilman Coons suggested that the matter be held over to see if something can be done toward improving the property and thereupon moved that 2543 City Hall, Anaheim, California, March 4, 1958- 7~00 P.M. the hearing be continued for three weeks (March 25, 1958). Councilman Wisser seconded the motion. MOTION CARRIED. PUBLIC H~ARING - RECLASSIFICATION NO. F-57-58-35: Submitted by Lloyd A. Mannes, requesting C-1 zoning on property described as located on the east side of Brookhurst Street, approximately 130 feet south of Niobe Avenue. The City Planning Commission, pursuant to their Resolution No. 185, Series 1957-58, recommended said Reclassification, subject to the following conditions: 1. The buildings to be placed on land in conformity with layout which is part of the application. 2. The filing of the Standard C-1 Deed Restrictions of the City of Anaheim. 3. The installation of curbs, gutters, sidewalks, sewers, water, and street lights as required by the City of Anaheim. The Mayor asked if anyone wished to address the Council. Mr. Don Bower, 2162 Niobe Street, addressed the Council, advising that when the northern portion of this development was originally contemplated, they appeared before the Commission and agreed to this development providing they build a wall, which wall is now in existance, however, they had been promised that houses would be constructed behind them and now questioned whether they would if this development is allowed. He called attention to the annoyance created by the incinerator in the present medical center, which, in his opinion, seems to be somewhat abated now that all the buildings are completed. Mr. Mannes, Applicant, advised that he had no control over the pro- perty on the other side of this proposed development because he was not the owner. That the property behind the medical building to the east is known as Tract No. 2713, however, it was his understanding that this has gone no further than a tentative plan. It was his understanding it is to he developed with a cul-de-sac street and does not come through nor will it come to the wall. That the wall already constructed is 200 feet and will he continued another 124 feet and will be a continuous six foot solid concrete block wall. Regarding the incinerator, he advised it had been taken care of. Discussion was held regarding the businesses for this establishment, being, professional, attorneys, interior decorators, CPAs, beauty parlors, a camera shop doing photo servicing, also optometrist and dentists. Mr. Mannes further advised they plan the same type of building, using stone veneer with set backs for planting areas and palm trees. Mr. Bower advised that they would object to any other businesses besides professional businesses, and if they were going to have shops that stay open, like the camera shop or coffee shop, they would object to this. The setback as required by the City was agreed to by Mr. Mannes, I~onL being, a 10 foot setback from the ,ea, property line, then a 3 foot wall with~' landscaping back of it. The 10 feet between the property line and the wall to also be landscaped. Mr. Mannes further advised that the uses will be primarily professional and will be 300 feet from the nearest homes. Further, that directly across the street there is C-1 zoning and proposed to be constructed a 100 room motel, stores, etc. He also agreed to the placing of deed restrictions on the propertv3..L~ limiting the~200 feet to totally professional use. At this point, those interested in this matter adjourned to the office of Planning Director to try to reach a compromise. Upon their return to the Council Chambers, it was announced that agreement was reached on all of the intended uses with the exception of the coffee shop and camera shop. A suggestion was made that the property be restricted to uses shown upon the plan and that future uses be restricted to the C-P zone. 2544 City ~.all, Anaheim, CalifornI9, March 4, 1958 - 7:00 P.M. Mr. Bower reiterated that they did object to the photo shop and can't come to an agreement regarding it, and did not feel it compatible with the other uses or the adjacent R-1 development~ closed. There being no further discussion, the Mayor declared the hearing RESOLUTION NO. 4388: Councilman $chutte offered Resolution No. 4388 and moved for its passage and adoption, authorizing the preparation of the necessary Ordinance changing the zone as requested, subject to the recommendations of the City Planning Commission and further subject to the uses being restricted to professional services. 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-57-58-35 - C-l) Mayor Pearson was of the opinion that the coffee shop and camera shop, if in deed restrictions, could be allowed. On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Fry, Schutte and Wisser. Pearson and Coons. None. The Mayor declared the foregoing Resolution duly passed and adopted. CONTINUED PUBLIC HEARING - VARIANCE NO. 894: Submitted by Woodrow Butterfield, requesting permission to erect a directional slqn to Dlsneyland and Disneyland Hotel. The sign to be located on the west side of the ~anta Ana Freeway at the Ball Road turnoff. The City Planning Commission, pursuant to their Resolution No. 163, Series 1957-58, granted said Variance for a directional sign for a period of three years. If the Santa Aha Freeway becomes a landscaped freeway before the expiration date, the sign must be removed. Review of action taken by the City Planning Commission was ordered by the City Council and hearing held February 18, 1958 and continued to this date. The Mayor asked if anyone wished to address the Council. Mr. Don Daley of the Disneyland Hotel, and Mr. Fred Warder of the Gourmet Restaurant, addressed the Council urging the granting of the Variance and advising that the most prevalent comment made by their visitors was the lack of directional signs to the hotel. With reference to the size of the sign, they stated that the sign should be large because of the high speed traffic on the Freeway, and should be able to be seen enough in advance to allow traffic to merge to the right hand lane. They had originally requested the sign to be 48 feet, but have reduced it to 16 feet by 40 feet. Attention was called to the many signs which are larger than the one requested, located in the immediate area. Councilman Schutte asked if the sign proposed could advertise all businesses along West Street. Mayor Pearson was of the opinion that the requested sign was too large and would establish a precedent. Mr. Werder advised that due to the limited spaces available, there could not be many requests for such signs. Councilman Coons informed the Council of the various signs already in the immediate vicinity° At the conclusion, it being agreeable with Mro Daley and Mr. Warder, the 2545 City Ha. ll, Ana4piD., Califorq!a, March 4~ 1958 - 7:00 PoMo hearing was continued for one week (March 11~ 1958) o PUBLIC HEARING - CITY PLANNING COMMISSION'S RESOLUTION NO. 161: Pursuant to legal notice duly published in the Anaheim Bulletin, February 19, 1958, public hearing was held on City Planning Commission's Resolution NCo 161, recommending to the City Council that drive-in and walk-up restaurants beplaced in Section 920©~1½, C-3, Heavy Commercial Zone° It was the opinion of the City Council that this matter required additional study and clarification~ with possible change in designation of the Code Section, and therefore, referred the matter back to the City Planning Commission on motion by Councilman Wisser~ seconded by Councilman Coons. ~OTION CARRIED. REVIEW NO. 15 - RANCHO LA PAZ MOBILE HOM~S PARK: Action was deferred to this date by the City Council on an appeal filed by Katharine To Hampton with re- ference to Review NCo 15 and received by the City Council February 25, 1958. Communication from Gordon Fo Hampton~ Attorney for Katharine To Hampton~ dated March 3~ 1958~ was submitted and read, wherein they had been advised by the Rancho La Paz Mobile Homes Park, that it was satisfactory with them that the requirement of a standard six foot chain link fence with posts set in concrete be a condition of the Special Use Permit, and as a result, waives public hearing on the matter° Mro Brown of the Rancho La Paz Mobile Homes Park, addressed the Council and agreed to the placement of the fence on the entire westerly lin e of' the property° Councilman Schutte moved that the letter from Mrs. Hampton be con- sidered a withdrawal of the appeal previously filed by her, and that no further action on Review No° 15 be taken by the City Council; that the action by the City Planning Commission be sustained° Councilman Fry seconded the mc~ion~ MOTION CARRIED,, VARIANCE NO. 904: Submitted by Chester Herbert, requesting permission to build commercial buildings in front of existing residence at 11221 South Manchester Avenue~ to be used folr a cam shaft shop and a flower shop [west of Manchester Avenue~ between Katelia and Orangewood)o The City Planning Commission, pursuant to their Resolution No. 194, Series 1957~58, granted said variance to build two small commercial buildings f~r ~ses as a cam shop and a flower shop, and to build an addition to the e×isting dwelling which extends to the property line, subject to: lo The erection of the building in conformity with rendering and as per layout on the property~ 2. Engineering requirements consisting of curbs, gutters, sidewalks, and street lighting. 3. The building line setback to be 17 ft~ from property line. This setback at this area has been established by Special Use Permits granted by the County at 15 feet,, Plans of the proposed development were placed upon the bulletin board for ail to review° It was noted that the existing dwelling would be located behind the proposed stores, Mr. Herbert addressed the Council and advised that the building would be constructed of cement blocks: That the sign shown upon the elevation drawing regarding the cam shop was not the one wanted~ as it was too large. That the one shown advertising the flower shop would be similar to the one used for the other store~ He further advised that it was his opinion that the 17 foot setback line would be from the curb !~ne instead of the property line ano requested clarification~ The Administrative Officer advised that in all probability the intention of the City Planning Commission was to establish the same setback line as already existing and as established by the County, and that if this was an error in the writing up of the City Planning Commission's Resolution it could be amended to show what their true intention was° 2546 Ci..ty__H.a_l.l, Anaheim,..C_aliforDia_~arc__~h 4_~1958_ '7~'00 PoMo Councilman Coons stated that the condition should be 17 feet setback or in conformance with the setback line a~ established by the County° Councilman Schutte moved the Variance be referred back to the City Planning Commission (no second to this motion)~ Councilman Fry moved to hold the matter over for one week (March 11, 1958). Councilman Coons seconded the motion~ MOTION CARRIED° VARIANCE NO. 928: Submitted by Mildred Mauerhan, requesting permission to construct a 32 unit motel, manager's quarters and swimming pool at 815 West Katella Avenue (north side of Katella Jvenue~ approximately 1080 feet west of Harbor Boulevard)° The City Planning Commission~ pursuant to their Resolution Nco 195, Series 195'7-58~ granted said Variance~ subject to the following conditions: 1~ Erection of the building in conformity with the plans presented, except that a minimum 20 foot front yard and a 5 foot s~de yard and rear yard setback be required° 2:. Engineering requirements, including dedication and complete im- provements of the required R~O=~W (Right=of=Way) within a 90 day time limit° Said Right-of-Way to be 60 feet measured from the centerline of Katella Ave° No action was taken by the Ci%y Counci!:~ AWARD OF CONTRACT =. JOB NOo 169: George E~. Ho±yoke~ City Engineer, reported on bid proposals received for the improvement of Loara Street from Orangewood to 1,350 feet south of Orangewood, ..Job No~ ~69~ as listed below, and recommended award of contract %o Cox Broso Construction Co. ~ the low bidder° Cox Broso Construction Coo P. O. Drawer ~C~? Staaton, California {Accompanied by a bid bond ;.~ the amount of $ 5,388000 R~ 7. Noble Company P. O. Box 620 Orange, California 'Accompanied by a bid bond in the amount of $ 5,781.00 Seeber~ Seeber & Lewis 1727 W. Pine Street Santa Aha, California Sully-Miller Contracting Co. P. O. Box 432 Orange, California Griffith Company 1060 South Broadway Los Angeles 15, Califo (Accompanied by a Cashier's Check in the amount of $543~50o No~ 2335234) (Accompanied by a certified check, NOo 15031, in the amount of $750~00) ~A ~,~ ccompanied by a bid bond in the amount of $?00,,00~ $ 5,435°00 $ 6,048o00 $ 6,060.00 Darwin Transportation Co. Box 157 Solana Beach, California 'A ~ ,ccompanied by a bid bond in the amount of $ 7,211.00 RESOLUTION NO. 4389: Councilman Coons offered Resolution No~ 4389 and moved for its passage and adoption~ Refer to Resolution Book, page A RESOLUTION OF THE CITY COUNCIL OF TH~ CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRA¢I TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND ~QUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING PO~ER, FUEL AND ~ATER, AND PERFORMING ALL ~ORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE IMPROVEMENT OF LOARA STREET, FROM ORANGEWOOD AVENUE TO 1,320 FEET SOUTH OF ORANGEWOOD AVENUE, JOB NO. 169, On roll call the foregoing Resolution was duly passed and adopted by the following vote: 2547 City H~.k~ An~h~_i_i_i_i~li.fo__~n~ March 4 1958 - 7:00 AYES: COUNCILMEN: NOES: COUNCILM~N: ABSENT: COUNCILM~N: Peazson~ Coons~ Fry~ Schutte and Wisser. None~ None~ The Mayor declared the foregoing Resolution duly passed and adopted. AWARD OF CONTRACT ~. JOB NO~ i'YQ~ George E~ Holyoke, City Engineer, reported on bid proposals received for the ~mprovement of La Palma Avenue from Whittier Street to Placentia Avenue, Job No. ±70~ and as listed below, and recommended award of contract to the Sully,..Mii!er Company~ iow bidder° Suiiy~Milier Contracting Co~ P. O. Box 432 Orange, California Cox Broso Constru.ct[on Co Po O, Drawer Stanton, C~ li fornia R.. J~: Noble Company P. O. Box 620 'Orange, California Gri ffi th Company 1060 South Broadway ~ C ~ Los ~n~eles 15, a~.forn~a Darwin Transportatf~on Co~ Box 157 Solana Beach, California ,,,A..~ ~ompan ed by ~ert.. ft ed check no, L5030 in the amount of $i250~00) 'Accompanied by a bid bond in the amount of lO%) ~Ascompanzed by a bid bond in the amount of ~o%) {Accompanied by a bid bond in the amount, of (Accompanied by a bid bond f.e 'the amount of 10%) $ 9,995.65 $ 10,710.75 $ 11,355o30 $ 10,848.30 $ 14,231.00 RESOLUTION NO. 4390: Councilman W~:sser offered Resolution Noo 4390 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 SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER~ AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE IMPROVEMENT OF LA PALMA AVENUE _!ROM WHITTLER STREET TO PLACENTIA AVENUE JOB NO. 170. ~ On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYEc' COUNCILMEN: NOES: COUNC I LMEN: ABSENT: COUNCILMEN: Pearson, Coons~ Fry, Schutte and Wisser. None. None~ The ~V~ayor declared the foregoing Resolution duly passed and adopted. AWARD OF CONTRACT = 30B NO,, i7]: George E. Holyoke, City Engineer, reported os bid proposals received for the improvement of West Street from South Street to Ball Road, 3ob Nos l?i~ and as listed below, and recommended award of contract to the Sul!y=,Mfller Company~ low bidder. Sully~Miller Contractin9 Co~ P. O. Box 432 Orange, California R~ J. Noble Company P,, O. Box 620 Orange, California Cox Bros. Construction Coo P. O, Drawer "C" Stanton, California [Accompanied by certified check No~ 15029 in the amount of $850~o0) Accompanied by a bid bond in +.he amount of (Accompanied by a bid bond in the amount of ~.o%) $ 7,397.28 $ 7,459.10 $ 7,559.90 2548 City Hall~ Anaheim~ CaliforDia~ March 4L_1958 -~ 7~00 PoM. Griffith Company 1060 South Broadway Los Angeles, California (Accompanied by a bi.d bond in the amount of $9oo.oo) $ 7,974°50 Darwin Iransportation Coo Box 157 Solana Beach, California (Accompanied by a bid bond ~n the amount of 10%) $10,356,20 RESOLUTION NO. 4391: Councilman Schutte offered Resolution No. 4391 and moved for its passage and adoption° Refer to Resolution Book, page A R~SOLUTION OF TH5 CITY COUNCIL OF TH5 CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWAP/)ING A CONTRACI TO TH~ LOV~ST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANI, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UIILITIES AND TRANSPORTATION, INCLUDING POWER, FU~L AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT~ THE IMPROVEMENT OF WEST STREET, FROM SOUTH STREET TO BALL ROAD, ,JOB NO. 171.~ On roll call the forego[n9 Reso[ut. ios was duly passed and adopted by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT~ COUNCILMEN~ Pearson, Coons, Fry~ Schutte and Wissero None, None~ The Mayor declared the foregoing Resolution duly passed and adopted. AWARD OF CONTRACT - JOB NO. 112i: George 5~ Holyoke~ City Eng,.neet, reported on bid proposals received for the Walnut Street ~ewer l. ateral from Katella Avenue to Cerritos Avenue, Job NOo 112i, and as l[~%ed be[ow, and recommended award of contract to the J.P~So Contracting Company~ iow b[dder. Bosko Construction (Accompanied by a bid bond 8520 Fishman Road tn ~he amount of i0%) $ 15,781,50 Pico, California ' Leo ~eiler Company 10616 Stanford Ave o Garden Grove, California :,Accompanied by a bid bond the a - ~ ~, moun,, of 10%) $ 10,332o02 Plumbing Contractors, InCo 11662 Westminster Ave. Garden Grove, California (Accompani. ed by a bid bond the amount of 10%) $ 11,254.40 Edwin L~ Barkley 2059 Newport Avenue Costa Mesa, California tAccompamed by a bid bond in the amount of 10~,) $ 12,686,60 Peter Artukovich 1900 Livonia Los Angeles, California (Accompanied by a bid bond in the amount of 10%) $ 17,309.40 Barnett Bros~ Construction Co~ 12152 Century Blvd. Garden Grove, California (Accompanied by a bid bond in the amount of 10°/6) $ 11,464.88 J.P.So Contracting Company, Inc. 12084 Westminster Blvd~ Santa Ann, California (Accompanied by a bid bond in the amount of i0%) $ 8,985.17 RESOLUTION NO. 4392: Councilman Fry offered Resolution Noo 4392 and moved for its passage and adoption° Refer to Resolution book, page A RESOLUTION OF THE CITY COUNCIL OF 'IHE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AN'D EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, 2549 City Ha!3~_Anaheim~ California~.z.~arch .4_~t958- 7:00 P.M. INCLUDING POWER, FUEL AND WAFER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC iMPROVEMENT: THE WAI~NUT STREET SEWER LATERAL, FROM KATELLA AVENUE TO CERRITOS AVENUE, .JOB NO. 1121. On roll call the forego}ng Re:?,oiution was duly passed and adopted by the following AYES: COUNC I LMEN: NOES: COUNCIL~N: ABSENT~' COUNC! I~EN: Pear~on~ Coons,. Fry, Schutte and Wisser, Noq6 ~ The Mayor declared th~.~ forego~r.,9 Resolution duly passed and adopted. PURCHASE OF EQUIPMENT ~ TRACTOR SHOVEL~ WATER DEPARTMENT; The Administrative Offfcer repo~ted on informal, proposals received for the purchase of one, 1¼ cubic yard, 4 wheel dr~ve~ gasoi~ne, Ir'actor Snovei, and recommended that purchase be made from the Iow bidder, the Brown,~BevJs Company. Brown=Bevis Company Orange County Tractor Buran Equipment Coo Calavar Corp~ Hough Payloader Model HoU~ W=9 Case lerraloader Michigan Model 75~A Pettibo~e Model 125A $12,906.40 13,969.92 14,116.80 12,912.52 Purchase of the Hough Payloader from the Brown=.Bevis Company was authorfzed by the City Council on motion by Councilman Coons, seconded by Councf lman Wf.:sser, MOTION CARRiED. ENCROACHMENT PERMIT: Communication from Mace R~ McKinney of Kemmerer Engineering Company~ InCo ~ dated February l,~ 1.'~Y38~ was submitted and read, requesting the City to initiate proceed~.ngs *.o grant them a 5 foot temporary encroachment permit on %he north s~e of No~th Street and the easterly cf de of Loara Street, and also requesting permission- to ~.nstal,~ sidewalks adjacent to the curb at this %f. meo The '$ommunJoa:~on fu:t-her advised %hat the ultimate development of this property would be multiple housing; that the present development of a 9oil course was a strir~tjy temporary venture_ PLans of the proposed -~ g,.,-.~ course was placed upon the bulletin board fo~ al! to rev!.ew~ RESOLUTION NO, 4393: Councilman Coons offered Resolution Noo 4393 and moved for its passage and adoptS on: 9rar~n9 said requested temporary five foot encroachment permit, Refer to Resolution Book, page A RESOLUTION OF IHE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING A TEMPORARY ENCROACHMENT PERMIT IO KEMMERER ENGINEERING COMPANY, INC. On roll call the fo~egoin9 Resolution was duly passed and adopted by the following vote: AYES: COUhItlLMEN: NOES: COUNCIlmEN: ABSENT: COUNCILMEN: Pearson~ Coons, Fry, Schutte and Wisser. None. None. The Mayor declared the foregoing Resolution duly passed and adopted. RESOLUTION NO. 4394: Councilman Fry offered Resolution No, 4394 and moved for its passage and adoption. Refer to Resolution Book~ page A RESOLUTION OF 'THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AGREEMENT FOR DEDICATION OF PROPERTY FOR SYREET PUR~)SES~ AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY OF ANAHEIM. (Mattis Estate = South Palm Street) On roll call the foregoSng Resolution was duly passed and adopted by /he following vote: 2550 City Hail ~ Anaheim_~_Ca li foi,j_L:il' ~,la:L, Lrk_4_u 1958 - '7:00 P.M. AYES: COUNCILMEN: Peaxson~ Coons~ Fry; Schutte and Wisser. NOES: COUNCILMEN: None., ABSENT: COUNCILMEN: The ~Vlayor declared 'the foregoing Resolution duly passed and adopted o ORDINANCE NO. 1221: Councilman Wi. sser offered Ordinance No,:, 1221 for first reading and moved for its passage and adoption° AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ARTICLE IX, CHAPTER 2 OF THE ANAHEIM MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF ZONES IN THE CITY OF ANAHEIM AND THEREIN REGULATING THE USE OF LAND~ HEIGHT OF BUILDINGS AND YARD SPACES; ADOPTING A MAP SHOWING THE BOUNDARIES OF SAID ZONES; DEFINING THE TERMS USED THEREIN~ PROVIDING FOR ADJUSTMENT, AMENDMENT AND ENFORCEMENT; PRESCRIBING PENALTIES FOR VIOLATION AND REPEALING ALL SECTIONS OR PARTS OF SECTIONS IN CONFLICT THEREWITH. ( F~57~58~30 - After hearing read in full the ti, tie of Ordinance No. 1221 and having knowledge of the contents thereln~, Councilman Coons moved the reading in full of said Ordinance be waived~ Councf [man Wisser seconded the mofJ. on, MOTION UNANIMOUSLY CARRIED. QRDINANCE NO, 1222: Counc]iman Schutte offered Ord~nan. ce No. 1222 for first reading and moved for frs passage and adopt]on~ AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ARTICLE IX, CHAPTER 2 OF THE ANAHEIM MUNICIPAL CODE RELATING I'O THE ESTABLISHMENT OF ZONES _IN THE CITY OF ANAHEIM AND THEREIN REGULATING T~ USE OF LAND, HEIGHT OF BUILDINGS AND YARD SPACES; ADOPTING A MAP SHOWING THE BOUNDARIES OF SAID ZONES; DEFINING ~HE TERMS USED THEREIN; PROVIDING FOR ADJUSTMENT, AMENDMENT AND ENFORCEMENT; PRESCRIBING PENALTIES FOR VIOLATION AND REPEALING ALL SECTIONS OR PARTS OF SECTIONS IN CONFLICT THEREWITH. (F~56-57,-74 ~ C.-.2 and After hearing read in full the t~tle of Ord~narice No~ i222 and having knowledge of the contents therein, Councilman Schutte moved the reading in full of said Ordinance be waived~) Council!man Coons seconded the motion~ MOTION UNANIMOUSLY CARRIED, ORDINANCE NC.. 1223~ Councilman Schutte offered Oz'd~nance No.. 1223 for first reading and moved for its passage and adoption. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ARTICLE IX, CHAPTER 2 OF THE ANAHEIM ~UNICIPAL CODE RELATING TO THE _ESIABLISHMENY OF ZONES IN THE CITY OF ANAHEIM AND THEREIN REGULATING THE 'USE OF LAND, HEIGHT OF BUILDINGS AND YARD SPACES; ADOPTING A MAP SHOWING THE BOUNDARIES OF ~ ~ ~ bA~D. ZONES; DEFINING THE TERMS USED THEREIN! PROVIDING FOR ADJUSTMENT, AMENDMENT AND ENFORCEMENT; PRESCRIBING PENALTIES FOR VIOLATION AND REPEALING ALL SECTIONS OR PARTS OF SECTIONS IN CONFLICT THEREWITH. (F~56-57-33 -, After hearing read in full the title of Ordinance Noo 1223 and having knowledge of the contents therein, Councilman Coons moved the reading in full of said Ordinance be waived. Councilman Schutte seconded the motion. MOTION UNANIMOUSLY CARRIED. VARIANCE NO. 6i1: Communication from Mr, Mo J.~ Hutchinson and Robert M. Miller was submitted and read, requesting clarification of ~onditional Variance No. 611. Original Variance No, 611 was for the construction of a motel, swimming pool furture construction of a restaurant, Plans of the original Variance indicated a 64 unit motel. .Mr. ~illiam Rasmussen appeared before the Council on behalf of Mr. Hutchinson and Mr. Miller° Plans of the property were presented to each Councilman. Mro Rasmussen advised that the remainin9 property was sold to Mr. Scalzo assuming that they would be able to secure necessary building permit for the construction of the motel~ now~ there is the element of time envolvedo 2551 CitHalx_H3J_~_J_paheimgCaliforn_ja~_~_March 4, 1958 - 7:00 P.M. Mr. Miller stated that when the plans were presented for bui£din9 permit for the Carousel there was rio mention of any violation of the Variance, and based on this, they had presented the property to Mr. Scalzo as presently under Variance. Plans as subm]ttsd by Mr. Scaizo indicated the proposed motel to be 26 units. Mr. Rasmussen asked if the Council could authorize the construction of the 16 units at this time under the present Variance and later Mr. Scalzo seek an additional Variance if he wishes to~ due to the time limit. After further discussion and inasmuch as a technical deviation of the original Variance has already been allowed, Councilman Schutte moved that it be the interpretation of the C~.ty Council that the construction of the 16 additional units is authorized under the original Variance NOo 611. Councilman Fry seconded the motion. MOTION CARRIED. RESOLUTION NO. 4395: Councilman Wisser offered Resolution NOo 4395 and moved for its passage and adoption° Refer to Resolution Book, page__ A RESOLUTION OF T~LE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE N~CESSITY FOR, AND DIRECTING THE .ACQUISITION BY EMINENT DOMAIN OF, RBAL pROF~RTY FOR A FIRE STATION. (~escindinq Resolution Noo 4307 - Bleck property) On roll call the foregoing Resolution was duly passed and adopted by the followfn9 vote: AYES ~ CO'UNCI LMEN: NOES: COUNC I LMEN: ABSENT: COUNCILMEN: Pearson, Coons, Fry, Schutte and Wisser. None, None ~, The Mayor declared the foregoing Resolution duly passed and adopted. PARKING ~ 200 BLOCK NORTH CLEMENTINE STREET; A group of property owners in the 200 Block~ North Clementine Street, appeared before the City Council requesting relief from the parkfn9 situation frontin9 their homes. RESOLUTION NO. 4396: Councilman Coons, at the request of the property owners, offered Resolution No:, 4396 and moved for its passage and adoption, establishin9 regulation as a test case that fn the 200 Block~ North Clementine Street, the East side of the street be all day parking and the West side of the street be limited to one hour parkingo Refer to Resolution Book, page A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DIRECTING THE ESTABLISH- MENT OF ONE HOUR PARKING SIGNS ON THE WESI SIDE OF NORTH CLEMENTINE STREET, ~ETWEEN CYPRESS AND CHARTRES STREE/S. On roll call the foregoin9 Resol. ution was duly passed and adopted by the followin9 vote: AYES: COL NCI L~4EN: NOES: CO UNCI LMEN: ABSENT: COUNCILMEN: Pearson~ Coons, Fry, Schutte and Wisser. None. None ~ The Mayor declared the foregoin9 Resolution duly passed and adopted. RESOLUTION NO. 4397: Councilman Schutte offered Resolution No, 4397 and moved for its passage and adoption, Refer to Resolution Book, page A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING AN INTERSECTION OF SANTA ANA AND CITRON STREETS AS A STOP INTERSECTION~ AND AUTHORIZING THE POSTING OF STOP SIGNS AT THE ENTRANCES TO SUCH INTERSECTION. 2552 City Hall, Anaheim, Caiiforniam [4arch 4~_!.958 .... 7;00 P.M. On roll call the foregoing Resolut]op was duly passed and adopted by the following vote: AYES: COUNCI~N: Pearson, Coons~ Fry~ Schutte and Wisser. NOES: COUNCI~EN: None. ABSENT: COUNCILMEN: No,.~. ~ The ?~ayor declared the forego'!ng Resolution duly passed and adopted, RESOLUIION NO, 4398~ Counc~_lman Fry offered Resolution No~ 4398 and moved for its passage and adoption° Refer to Resoiutio~ Book, page A RESOLUTION OF THE CITY COUNCIL OF iHE CiTY OF ANAHEIM. ACCEPTING A GRANT DEED CONVEYING TO THE CITY OF ANAHHI~ CERTAIN REAL PROPERTY FOR PUBLIC PURPOSES. (~1/6 interest in pumpinq plant and well -- H~ E. Krueger and wife) On roll call the foregoing Resolution was duly passed and adopted by the following vote: A YE S: COUNCI D4E N: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Pearson~ Coons, Fry, Schutte and Wisser~ None° None. The Mayor declared the foregoing Re,solution duly passed and adopted. CANCELLATION OF CITY TAXES~ On mcr. ion by Coun.t~ imar~ Schutte, seconded by Councilman Coons, cancellation of C~ty taxes wa'~, author~.zed on the following parcels of property~ MOTION CARRIED. "a~ P~op.~ ~-e .... ao:u~z"ed by th~: '3range County Flood Control District, formerly ass~ssed to A~heim Um',.0n Water uompany Louper:or Court Case No. 74145) h Proper*.~ a$~uired b7 the Stats of Cai~foznla for highway ~ A~, ~ ~ fR=corded in Book 4185, page 76) purposes, formerly ass~ssed to Dow s r~ag.~ , .. ~c Property acquired by the State of Caiifornia for highway purposes, formerly assessed to Barney Thoe!e. [Docume~,t No. 5196, recorded in Book 4163, page 589) PERSONNEL: The following appointments were reporzed by Administrative Officer, Keith Ac Murdoch: Gary Fo Hinton, Norman H:~ Martin, and Robert Ac Reed as Police Patrolmen, Police Department; Robert J, Brown, Recreation Attendant, and Noel Sweeney, Athletic Official in the Park ar, d Recreation Department; and Gerald C. Stauffer, Senior Engineering A]de~ Public Utii~t!es, L:'.ght g Power Division° Faid appointments were ratified b'y +~ Cfty Council on motion by Councilman Coons, seconded by Councilman W~sser. MOY!'ON CARRIED. WESLEY METHODIST CHURCH~ Administrative Officer, Keith Au Murdoch, brought to the attention of the Council, that the Wesley Methodist Church would like to remain in the building purchased b}, the City of Ar, aheim from them, for an additional period of t~me of appro×imately s~x mor, th~ That the normal rental, ~ased on one per cent of the purthase price woulC be $290.00 per month. The Pastor of the Church addressed the Council advising that this amount of rent would be a real hardship on them and inquired regarding the payment of utilities and insurance on the buildings, This matter was ordered held over for further investigation and study. ~NSURANCE - EXTENDED BENEFIT PLAN: Mr. Albert Hair, Assistant Administrative Officer, advised that the proposed sickness, accident and extended benefit plan as previously recommended by him and approved by the City Council, now had available the inclusion of the $300o00 accident riders, The inclusion of the $300.00 accident rider would increase the premfum paid by the City for each employee, fifteen cents, The premium paid by the employee without a family, twenty cents; the premium paid by the employee with a family, thirty cents. 2553 CLty Hall~ A. nahe~m_~_Cai~ ~ozn~a~.:N._1az, ch.4_~ ~___958- 7:00 On the recommendat:i:3r~ of Adm:i. nistration~ 'the inclusion of the accident rider to the Blue Cl-oss Mdtuai of New 'fork plan, was authorized and the additional premium approved on motion by Councilman Schutte, seconded by Councilman Coons~ MO~ION CARRIED {Total cost to City, per employee ~ $3.84) VARIANCE NOo 821: Mr. (% E. Carp appear'ed before the City Council requesting permission t:c modify plans, pursuar~t to Variance No. 821, re- ducing said Variance from fou:r~ one bedroom~ two,story ug~ts~ to %wo~ one- story unl. ts ~ It was moved by Cour.~ci ~man Fry~ ~ecor, ded by Councilman Schutte, that the Council approve the nhange of plans modifying said Variance to construct two un,~-ts~, ~n~--s'to~y ':'fluplexes~',, ~,~OT~ON CARRIED. Counci. i.man Coons moved to adi)}rr,. Codncilman Wissgr seconded the motion. ,~,OTION CARRIED. AD3OURNED. --"~ Cjty C;etk City Hall, Anaheim~ California~ March llt 1958.- 7:00 P.M. The City Council of the City of Anaheim met in regular session. PRESEN/: COUNCILMEN: Pearson, Coons, Fry, Schutte and Wi sser¢ ABSENT: COUNCILMEN: None. PRESENT: CITY ATTORNEY: Preston Turner° PRESEN/: CITY ADMINISTRATIVE OFFICER: Keith A. Murdoch. ~ ~~ Councilman Coons brought to the attention of the Council that the minutes of March 4, 1958, page 2543, paragraph 9, regarding Reclassification No. F-57-58-35, should read, "The setback, as required by the City~ was agreed to by Mro Mannes, being, a 10 foot setback from the front property line, then a 3 foot wall with landscaping back of it. Ihe 10 feet between the property line and the wall to also be landscaped." and, also the last sentence in paragraph 10 should read, "He also agreed to the placing of deed restrictions on the property limiting the North 200 feet to totally professional use.". Councilman Wisser moved that the minutes of the regular meeting held February 25, 1958 be approved, and the minutes of the adjourned regular meeting held March 4, 1958 be approved as amended~ Councilman Coons seconded the motion. MO/ION CARRIED. ~ikLUI~ON NO, 4399: Councilman Coons offered Resolution No. 4399 and moved for its passage and adoption. Refer to Resolution Book, page A RESOLU/ION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND DIRECTING THE PAYMENT OF~AGAINST THE CITY AS OF MARCH 11, 1958. ~ On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: Pearson, Coons, Fry, Schutte and ~isser. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. The Mayor declared the foregoing Resolution duly passed and adopted.