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1957/11/192370 City Hall, Anaheim, California, November 12, 1957 7:00 P.M. RECLASSIFICATION NO. F- 55-56• -29; George E. Holyoke reported on progress being made regarding the fence problem between the commercial and residential property (Frank Krogman) on Magnolia Avenue. Councilman Schutte moved to adjourn to November 19, 1957, 7:00 P.M. Councilman Coons seconded the motion. MOTION CARRIED. ADJOURNED. SIGNED City Clerk City Hall, Anaheim, California, November 19, 1957 7:00 P.M. The City Council of the City of Anaheim met in Adjourned Regular Session. PRESENT: COUNCILMEN: Pearson, Coons, Fry, Schutte and Wisser. ABSENT: COUNCILMEN: None. CITY ATTORNEY: Preston Turner, Present. CITY ADMINISTRATIVE OFFICER: Keith A. Murdoch, Present. CONTINUED PUBLIC HEARING VARIANCE NO. 827: Submitted by Walter M. Carter, re— questing permission to construct a 32 unit motel on property located, briefly, on the south side of Lincoln Avenue, between Magnolia and Dale Avenues. The City Planning Commission, pursuant to their Resolution No. 59, Series 1957 -58, granted said Variance, subject to the following conditions: 1. The location of the buildings to be as shown on plot plan. 2. The preparation of a more complete rendering of the elevation of the building at the time the City Council considers the Variance. 3. Engineering requirements. Review of action taken by the City Planning Commission was ordered by the City Council and public hearing held October 27, 1957 and continued to this date for the submission of more detailed plans of the proposed motel. The Mayor asked if anyone wished to address the Council. Mr. Carter presented detailed plans of the proposed motel, which plans were reviewed and discussed by the City Council. No one present objected to the proposed Variance and no written protests were received in the office of the City Clerk, thereupon, the Mayor declared the hearing closed. ,#2ESOLUTION NO. 4219: Councilman Coons offered Resolution No. 4219 and moved for its passage and adoption, granting Variance No. 827, 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 GRANTING VARIANCE NO. 827. On roll call the foregoing Resolution was duly passed and adopted by the following vote: City Hall, Anaheim, California, November 19, 1957 7 :00 P.M. AYES; COUNCILMEN; Pearson, Coons, Fry, Schutte and Wisser. NOES: COUNCILMEN! None. ABSENT; COUNCILMEN; None. 2371 The Mayor declared the foregoing Resolution duly passed and adopted. PUBLIC HEARING VARIANCE NO. 811; Submitted by Jerry V. Maler, et al, re- questing permission to construct and operate a 30 unit motel at 2437 West Lincoln Avenue. This Variance was referred back to the City Planning Commission for consideration of revised plans that were submitted to the City Council indicating the motel to be two -story instead of single story structure. The City Planning Commission, pursuant to their Resolution No. 89, Series 1957 -58, granted Amended Variance No. 811, subject to the following conditions: 1. The construction of the Motel in accordance with the new plans submitted. 2. The inclusion of that property on the west owned by the applicant to be used for parking. 3. That the minimum set -back for any building be 75 feet from the present center line of West Lincoln Avenue. At the City Council meeting of October 29, 1957, communication from Mr. Daly was considered in substance an appeal, and thereupon, the City Council ordered a review of action taken by the City Planning Commission. A petition containing 42 signatures, protesting the construction of the two -story motel was submitted and read. The Mayor asked if anyone wished to address the Council. Mr. Morningstar, Attorney for and on behalf of Mr. Daly, addressed the Council and referred to the petition of protests and stated it represented 100 per cent of the property owners within a radius of approximately 400 feet of the proposed motel. He advised that all the present development along Lincoln Avenue is single story structure. He stated that Mr. Daly had no objections to the originally planed motel, his only objection being to the setback. Mr. Daly had been required by the County of Orange to setback 67 feet and has agreed to give an equal amount of land at the rear of Mr. Maler°s property if he would setback in line with his building. This established setback to be by deed restrictions, accordingly. Mr. Morningstar referred to the plans which indicate a balcony over- looking Mr. Daly's yard. Although Mr. Daly did not wish to prevent Mr. Maler from developing his property, he felt that the construction of a two -story building would depreciate values of not only his property, but all of the residential property in the area. Mr. Daly addressed the Council and stated his position was clearly set forth in his letter, and if Mr. Maler would agree to a 50 foot setback it would be an additional 15 feet and still be approximately 17 feet beyond his present building, and if Mr. Maler would setback evenly with his building, he would compensate him for the loss of property. In his opinion, the two story structure was definitely detrimental to the surrounding area. Reference was made to a proposed City golf course, and Mr. Daly stated that if this plan materialized, the rear portion of his property would be used for residential purposes. That arrangements have already been made for an easement running east and west to Gilbert Street, however, all plans were being held up pending the result of the proposed golf course. Mr. John McLaurin, Attorney for Mr. Maier, presented pictures and a plot plan showing relations and distances to Silbert Street, and also a petition containing 10 signatures requesting their signatures be withdrawn from the former petition opposing the two -story motel. 2372 City Hall, Anaheim, California, November 19, 1957 7 :00 P.M. Mr. Nicholaides, 205 North Gilbert Street, addressed the Council opposing the two —story structure, stating that the second level would be entered into from the east and looked directly into their back yards. All persons present interested in this matter came forward and reviewed the documents presented to the City Council and discussion was held. It was noted that all the property along Lincoln Avenue in this immediate area has been zoned C -1 for a depth of 600 feet with the exception of Mr. Daly's property, which is zoned C -1 for a depth of 200 feet. Consideration was given to the installation of louvers on the balcony to be a protection to the privacy of the adjoining property. The Administrative Officer read from the Anaheim Municipal Code the necessary required showing before the granting of any Variance. Mayor Dearson asked if anyone had anything new to offer regarding this Variance and if not, the hearing would be closed. After hearing the arguments for and against the proposition, the City Council felt that they would like to again inspect the property, and thereupon, Councilman Coons moved that the hearing be declared closed and action by the City Council be deferred for one week (November 26, 1957). Councilman Wisser seconded the motion. MOTION CARRIED. CONTINUED PUBLIC HEARING VARIAANCE NO. 832, RECLASSIFICATION NO. F -57 -58-10 AND TENTATIVE MAP, TRACT NO. 3142: Everett M. and Grace E. Koontz (Bill T. Asawa, Authorized Agent). Revised Tentative Map of Tract No. 3142 was submitted and studied by the City Council. The new map indicated alleys at the rear of the lots on which the request will be made for multiple family use. At this time said tract contains 74 R -1 lots. Mr. R. W. Mungall, Secretary of the City Planning Commission, reported that the City Planning Commission approved the revised tentative map at their meeting held yesterday (November 18, 1957) subject to the payment of $25.00 per lot for the acquisition of park and recreation sites, a wall constructed along the east line of the property (Knott Avenue), and engineering requirements. Mr. Asawa addressed the Council and reiterated the many revisions made to this tract. Utility services to this tract were discussed with reference to water, sewers and power. Councilman Fry moved that the revised tentative map of Tract No. 3142 be approved, subject to the recommendations of the City Planning Commission. Councilman Wisser seconded the motion. MOTION CARRIED. VARIANCE NO. 832 AND RECLASSIFICATION NO. F- 57- 58 -10: Variance No. 832 and Reclassification No. F- 57 -58 -10 was ordered referred back to the City Planning Commission for amendment on motion by Councilman Coons, seconded by Councilman Fry. MOTION CARRIED. PUBLIC HEARING RECLASSIFICATION NO. F- 57 -58 -5: Submitted by Nicholas J. Dovalis and James G. Gantes, requesting C -1 zoning on Parcel 1 and 2 and further described as 9942 and 9952 Magnolia Avenue. (Due to a typographical error, Parcel No. 1 was omitted in legal advertisement and the application was reheard.) The City Planning Commission, pursuant to their Resolution No. 96, Series 1957 -58, recommended said Reclassification subject to: 1. The deeding to the City of Anaheim of 20 feet along Magnolia Avenue for street widening. 2. The erection of a 6 foot concrete block wall along the north and east property lines where the subject property abuts residential property. 3. The filing of C -1 Deed Restrictions as standard by the City of Anaheim. 4. Engineering requirements. City Hall, Apaheim, California, November 19, 1957 7 :00 P.M. The Mayor asked if anyone wished to address the Council. 2373 Mr. Nicholas Dovalis addressed the Council and presented a plot plan of the area. The Mayor asked if anyone else wished to address the Council, there being no response and with the consent of the City Council, declared the hearing closed. George E. Holyoke, City Engineer, referred to the requirement of the wall and suggested that this requirement be made a part of building and not a part of street work and be constructed before final inspection of the building is made. The Council indicated their approval of this arrangement and it was ordered that the wall be constructed prior to final inspection. RESOLUTION NO. 4220: Councilman Coons offered Resolution No. 4220 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- 57 -58 -5 C -1) On roll call the foregoing Resolution was duly passed and adopted by the following vote: The Mayor declared the foregoing Resolution duly passed and adopted. PUBLIC HEARING RECLASSIFICATION NO. F- 57- 58 -16: Submitted by Loren E. Wagner and Shirley B. Irvine, requesting M 1 zoning on property located at 10635 South Los Angeles Street (triangular area where Manchester Avenue meets South Los Angeles Street, south of Midway Drive and the trailer court, comprising approximately 14 acres). place. AYES: COUNCILMEN: Pearson, Coons, Fry, Schutte and Wisser. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. The City Planning Commission, pursuant to their Resolution No. 97, Series 1957 -58, recommended said Reclassification for M -1 with a 50 foot P —L zone on South Los Angeles Street, and subject to: 1. The filing of M -1 Deed Restrictions. 2. Engineering requirements, when development of the property takes The Mayor asked if anyone wished to address the Council. Mr. Wagner addressed the Council and access to the property was discussed. Discussion was also held with reference to the architectural control committee as established by the M —1 deed restrictions and it was considered that the deed restrictions should further stipulate that a five foot strip along the Freeway frontage be improved with a cypress hedge or other suitable screening. No one present at the meeting objected to the rezoning and no written protests were received in the office of the City Clerk, thereupon, the Mayor declared the hearing closed. RESOLUTION NO. 4221: Councilman Wisser offered Resolution No. 4221 and moved for its passage and adoption authorizing the City Attorney to prepare necessary Ordinance to change the zone as requested, subject to the recommendations of the City Planning Commission and further subject to the additional condition 2374 City Hall, Anaheim, California, November 19, 1957 7:00 P.M. to be included in the Deed Restrictions with reference to screening. 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 ANHEIM MUNICIPAL CODE SHOULD BE AMENDED TO ACCOMPLISH SAID CHANGE OF ZONE. (F- 57 -58 -16 M -1) On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: Pearson, Coons, Fry, Schutte and Wisser© NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None, The Mayor declared the foregoing Resolution duly passed and adopted. PUBLIC HEARING RECLASSIFICATION NO. F- 57- 58 -17: Submitted by Giacomo Iugaro requesting R 3 zoning on property located approximately 348.71 feet east of Magnolia Avenue on the south side of Crescent Avenue. The City Planning Commission, pursuant to their Resolution No. 98, Series 1957 -58, recommended said Reclassification be denied without prejudice. The Mayor asked if anyone wished to address the Council. A neighbor, owner of Tract No. 2721, addressed the Council stating he would like to see this area developed and would like to be of assistance to Mr. Lugaro in obtaining the zoning. The gentlemen was explained the necessary procedure to follow in obtaining the rezoning and the meaning of denial without prejudice© There being no further discussion, the Mayor declared the hearing closed. RESOLUTION NO. 4222: Councilman Schutte offered Resolution No 4222 and moved for its passage and adoption denying without prejudice Reclassification No. F- 57- 58 -17. Refer to Resolution Book, page A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING WITHOUT PREJUDICE APPLICATION NO. F -57 -58-17 FOR A CHANGE OF ZONE IN A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED. On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: Pearson, Coons, Fry, Schutte and Wisser. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. The Mayor declared the foregoing Resolution duly passed and adopted. PUBLIC HEARING RECLASSIFICATIOti NO. F- 57- 58 -18: Submitted by Arthur B. Wilmsen requesting C -1 and C -3 zoning on property located at the northeast corner of Placentia and La Palma Avenues (corner 200 feet by 200 feet, C -3 for service station use). the City Planning Commission, pursuant to their Resolution No. 99, Series 1957 -58, recommended said Reclassification subject to the following conditions: 1. The deeding of 50 feet from the centerline of North Placentia and East La Palma Avenues for the City of Anaheim for street widening. 2. The filing of the Standard C -1 Deed Restrictions of the City of Anaheim. 3. The improvements as per Engineering Requirements to go in when the property is developed. The Mayor asked if anyone wished to address the Counc i l City Hall, Anaheim, California, November 19, 1957 7:00 P.M. Action was taken by the City Planning Commission on this Reclassification application prior to the adoption by the City of the new street standards. For this reason, discussion was held regarding the necessity of increasing the re- quired dedication for future street widening from 50 feet to 57 feet. Review of the newly adopted street standards and the reasons therefor, such as increasing traffic lanes to 12 feet to facilitate the flow of traffic and increasing the planting areas for trees so that trees may grow without damaging sidewalks, streets, etc., was briefed by the Administrative Officer. Councilman Schutte felt that since this area was to be zoned C -1 that the additional street width was not necessary and thereupon moved that the condition of dedication remain 50 feet. Roll call on the above motion was as follows: AYES: COUNCILMEN: Schutte and Fry. NOES: COUNCILMEN: Pearson, Coons and Wisser. ABSENT: COUNCILMEN: None. Said motion failed to carry. No one present at the meeting objected to the proposed change of zone and no written protests were received in the office of the City Clerk, thereupon, the Mayor declared the hearing closed. RESOLUJION NO. 4223: Councilman Coons offered Resolution No. 4223 and moved for its passage and adoption, authorizing the City Attorney to prepare necessary Ordinance changing the zone as requested, subject to the recommendations of the City Planning Commission and further subject to increasing the necessary dedication as outlined in Condition No. 1 of City Planning Commission's Resolution No. 99, from 50 feet to 57 feet. 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 -18 C -1 and C -3) On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: Pearson, Coons and Wisser. NOES: COUNCILMEN: Schutte and Fry. ABSENT: COUNCILMEN: None. The Mayor declared the foregoing Resolution duly passed and adopted. AWARD OF CONTRACT JOB NO. 157: City Engineer, George E. Holyoke, reported on the following bids received for the improvement of Ball Road from Lemon Street to Harbor Boulevard and recommended the acceptance of the low bid, that of Griffith Company ($10,744.00): Cox Bros. Construction Co. P. 0. Drawer "C" Stanton, California Sully- Miller Contracting Co P. O. Box 432 Orange, California R. J. Noble Company P. 0. Box 620 Orange, California Griffith Company 1060 South Broadway Los Angeles 15, California (Accompanied by a bid bond in the amount of 10%) (Accompanied by Certified Check No. 13211 in the amount of $1,300.00) (Accompanied by a bid bond in the amount of 10 (Accompanied by a bid bond in the amount of $1200.00) 2375 11,554.75 11,247.75 11,223.75 10,744.00 2376 City Hall, Anaheim, California, November 19, 1957 7 :00 P.M. RESOLUTION NO. '"'4224; Councilman Wisser oilman V��sser offered Resolution No. 2442 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 THE CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT, AND ALL UTILITIES AND TRANS— PORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE IMPROVEMENT OF BALL ROAD, FROM LEMON STREET TO HARBO t BOULEVARD. JOB NO. 157. (Griffith Company $10,744.00) On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: Pearson, Coons, Fry, Schutte and Wisser. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. The mayor declared the foregoing Resolution duly passed and adopted. AWARD OF CONTRACT WORK ORDER NQ. 1537: City Engineer, George E. Holyoke, reported on the following bids received for the construction of an 18 inch steel cylinder concrete water pipe line in La Palma Avenue from Magnolia Avenue to Dale Avenue, and recommended the acceptance of the low bid, that of Camco Construction Co., Inc: S E Pipeline Construction Company 13736 Mulberry Drive Whittier, California Graven Co. 8736 Palm Ave. Bellflower, California Royal Pipeline Const. Co. 11335 Thienes Avenue El Monte, California Long, Marker Howley Construction Co. P. 0. Box 129 Huntington Beach, California J. E. Young Pipeline Contractor, Inc. 931 E. Rosecrans Los Angeles 2, California Camco Construction Co., Inc. 545 -1/2 Valencia Drive P. 0. Box 2127 Fullerton, California (Accompanied by a bid bond in the amount of 10 (Accompanied by a bid bond in the amount of 10 (Accompanied by a bid bond in the amount of 10 (Accompanied by a bid bond in the amount of 10 (Accompanied by a bid bond in the amount of 10 (Accompanied by a bid bond in the amount of 10 34,511.28 33,289.12 32,817.80 31,048.90 28,045.70 23,364.20 RESOLUTION NO. 4225: Councilman Coons offered Resolution No, 4225 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 THE 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: CONSTRUCTION OF AN 18 —INCH STEEL CYLINDER CONCRETE WATER LINE IN LA PALMA AVENUE, FROM MAGNOLIA AVENUE TO DALE AVENUE. WORK ORDER NO. 1537. (Camco Construction Co., Inc. $23,364.20) On roll call the foregoing Resolution was duly passed and adopted by the following vote: City Hall, Aiaheim, California, November 19, 1957 7 :00 P.M. AYES: COUNCILMEN: Pearson, Coons, Fry, Schutte and Wisser. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. The Mayor declared the foregoing Resolution duly passed and adopted. CORRESPONDENCE: a. Edward P. Backs, dated November 12, 1957, requesting improvement of First Alley east of Los Angeles Street, between Sycamore and Alberta Streets. Referred to City Administrative Officer for compliance. b.. Petition, received November 14, 1957 from property owners and /or lessees requesting improvement of First Alley west of Los Angeles Street, between Cypress and Adple Streets. Referred to City Administrative Officer for compliance. c. Placentia Sanitary District, Floyd E. Prewitt, Secretary, dated November 8, 1957, requesting installation of metering station to measure the flow in the Placentia line in accordance with the terms of the agreement. George E. Holyoke, City Engineer, reported that he and the engineer for the Placentia Sanitary District have not made their recommendations as to the location of the metering station, however, a meeting with Mr. Lowry will be held within a few days. Correspondence was ordered received and filed. d. J.O.S. Minutes: Minutes of the Joint Outfall Sewer Executive Committee meeting, dated November 7, 1957, was ordered received and filed. 2377 Discussion was held regarding the revised sale agreement of facilities to the County Sanitation Districts 2 and 3. e. State Boprd of Equalization, dated November 11, 1957, regarding a refund on administration cost in the amount of $400.00 and determining the cost of administration of the Bradley —Burns Law during the past fiscal year to be 1.65% of local sales and use tax collections. f. Metropolitan Water District, dated November 15, 1957, calling attention to the Council that should they intend to pay out of municipal funds the Metropolitan Water District taxes for the fiscal year 1958 -59, that such a declaration so to do should be made at this time. The City Council took no action on this matter as they desire that the Metropolitan Water District taxes be levied and collected in the usual way, that is, by the County of Orange in the same manner as other property tax. VARIANCE NO: 781: Submitted by Triple "A" Mortgage Company, requesting per— mission to erect a twelve story hotel on the east side of West Street, north of Katella Avenue. This Variance comes before the City Council at this time, being the first meeting after the expiration of the 90 day period which was extended by the City Council to the applicant to meet certain conditions prior to Council's action. RESOLUTION NO. 4226A: Councilman Coons offered Resolut, i No. 4226Apnd moved for its passage and adoption, denying Variance No. 781 due to the fact that the Applicant had not fulfilled requirements relative to this Variance. Refer to Resolution Book, page A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 781. On roll call the foregoing Resolution was duly passed and adopted by the following vote: 2378 AYES: NOES: NOT VOTING: 111 cars. City Hall, Anaheim, California, November 19, 1957 7 :00 P.M. COUNCILMEN: COUNCILMEN: COUNCILMEN: ABSENT: COUNCILMEN: Pearson, Goons, Fry and Wisser. None. Schutte. (councilman Schutte was of the opinion ±hat the Applicant had officially withdrawn his request at the last meeting.) None. The Mayor declared the foregoing Resolution duly passed and adopted. RECLASSIFICATION NO. F- 55- 56 -29; Submitted by Krogman and Fechter, requesting C -1 zoning on the south side of La Palma Avenue, both sides of Magnolia Avenue. Action by the City Council was withheld at the November 5, 1957 meeting to see if Mr. Krogman could satisfactorily work out commitments previously made and also for further investigation with reference to off street parking and fence requirements. Mr. Krogman presented a map of the area indicating spaces to accomodate Mr. Koenings, Lessee and operator of the proposed drive in, addressed the Council requesting permission to proceed. Mr. Harold Hillen, representing the residents in the area in opposition to the establishment of a drive in restaurant, addressed the Council and stated that he had contacted Mr. Koenings and was advised that he did not wish to operate a conventional type restaurant. Mr. Hillen, after reference to the Anaheim Municipal Code regarding required parking spaces, requested that the City Council revoke the building permit previously issued for the reason that the off street parking does not meet minimum requirements. Mr. Koenings advised that he was not going to operate a drive —in restaurant, that it would be a refreshment stand and that the parking spaces required would be equal to the area within the building. George E. Holyoke, City Engineer, reported with reference to the wall, that he had not gotten in touch with Mr. Krogman, however, he has contacted the developers of the tract to the south and was informed that the wall had been originally requested by Mr. Krogman as a protection to his chicken business, and at that time there was a fence along this area which afforded the protection needed to Mr. Krogman, and he was satisfied with the arrangements. For that reason, the subdivider laid the footing for the fence for ground protection only Mr. Krogman stated that the other fence could have been constructed because his fence was on his own property. Mr. Harold Hillen, with reference to the refreshment stand, stated that the building permit was issued for a drive —in restaurant and to change the nomenclature, in his opinion, did not necessarily change the situation. A menu from the A W Drive —in on Orangethorpe was read. Mr. R. W. Mungall, Secretary of the Planning Commission, reported that the total lot consisted of approximately 60,000 square feet and the buildings occupy approximately 16,000 square feet, thereby, leaving approximately 44,000 square feet for off street parking. According to the new lay —out presented, spaces could be provided for 111 cars exclusive of driveways and alleys. All those interested came forward to examine the new layout presented to the Council. Mr. Koenings advised that a sign had been posted approximately two months prior to securing the building permit, that an A W would soon be at this location, and that there had been no objection, and on this basis, commitments were made by both he and Mr. Krogman. Mr. Hillen advised, in his opinion, Mr. Krogman was not in a legal position to enter into a contract because he had not fulfilled the conditions as establis e d by the City Council in rezoning the area to C —lo City Hall, Anaheim, California, November 19, 1957 7 :00 P.M. Councilman Coons asked Mr. Turner, City Attorney, to give an opinion on, when certain conditions have been complied with, whether the City Council was obligated to pass the Ordinance changing the zone, and also, to rule whether a restaurant coffee shop would include drive —in restaurants. Councilman Coons moved that the matter be continued to the next meeting of the City Council (November 26, 1957) for the opinion of the City Attorney. Councilman Wisser seconded the motion. MOTION CARRIED. RESOLUTION NO. 4226: Councilman Fry offered Resolution No. 4226 and moved for its passage and adoption° Refer to Resolution Book, page A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ASCERTAINING AND DETERMINING THE PREVAILING RATE OF WAGES TO BE PAID FOR EACH CRAFT OR TYPE OF WORKMAN OR MECHANIC NEEDED FOR PUBLIC WORKS CONTRACTS FOR THE FURNISHING OF ALL MATERIALS, PLANT, LABOR AND SERVICES FOR THE REMODELING OF EXISTING FLOOD IGHT FACILITIES AT THE ANAHEIM CITY PARK, IN THE CITY OF ANAHEIM, JOB NO. 413. On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: Pearson, Coons, Fry, Schutte and Wisser. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. 2379 The Mayor declared the foregoing Resolution duly passed and adopted. RESOLUTION NO. 4227: Councilman Coons offered Resolution No, 4227 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 THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE REMODELING OF EXISTING FLOODLIGHT FACILITIES FOR A SOFTBALL DIAMOND AT THE ANAHEIM CITY PARK, IN THE CITY OF ANAHEIM, JOB NO. 413, AND APnROVING 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 PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened December 5, 1957 to Council December 10, 1957) On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: Pearson, Coons, Fry, Schutte and Wieser. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. The Mayor declared the foregoing Resolution duly passed and adopted. RESOLUTION NO. 4228: Councilman Wisser offered Resolution No, 4228 and moved for its passage and adoption. Refer to Resolution Book, page A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Wayne W. Gough) On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES; COUNCILMEN: Pearson, Coons, Fry, Schutte and Wisser. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. The Mayor declared the foregoing Resolution duly passed and adopted. 2380 City Ha11 Anaheim, California November 19 1957 7:00 P.M. RECLASSIFICATION NO. F 57 58 9: Submitted by E<; Mariene and Fred A. Cooper, et al, requesting C 2 zoning on property located at 1531 E. Center Street, was re scheduled for public hearing, December 10, 1957, 7:00 P,M., due to an error in the description of the property to be rezoned, on motion by Councilman Schutte, seconded by Councilman Wisser. MOTION CARRIED. CANCELLATION OF CITY TAXES: On motion by Councilman Coons, seconded by Councilman Wisser, cancellation of City taxes was authorized on property purchased by the State of California for highway purposes and formerly assessed to Serafino Ponteprino. MOTION CARRIED. PLUMBER BOND: On motion by Councilman Coons, seconded by Councilman Fry, Plumber Bond filed by Pacific Enterprises was ordered received and filed when approved by the City Attorney. MOTION CARRIED. BONDS TRACT NO. 2369: On the estimate and recommendation of the City Engineer, it was moved by Councilman Fry, seconded by Councilman Wisser, that Tract No. 2369 Improvement Bonds, issued by Great American Indemnity Company, No. 611522 in the amount of $125,000.00, be replaced with Great American Indemnity Company Bond No. 667612 in the amount of $50,000.00; and that Great American Indemnity Company Bond No. 611523 in the amount of $28,500.00 be replaced with Great American Indemnity Company Bond No. 667613 in the amount of $10,000.00, MOTION CARRIED. BONDS TRACT NO. 2425: On the estimate and recommendation of the City Engineer, it was moved by Councilman Fry, seconded by Councilman Wisser, that Great American Indemnity Company Bond No,. 614101 in the amount of $35,000 000 and Bond No 614100 in the amount of $175,000.00 be replaced with Great American Indemnity Company Bond No. 666589 in the amount of $6,000.00 for the installation of sidewalks within said Tract No. 2425. MOTION CARRIED. ORDINANCE NO. 1195: Councilman Coons offered Ordinance No. 1195 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- 56 -57 -75 0 -1) After hearing read in full the title of Ordinance No. 1195 and having knowledge of the contents therein, Councilman Coons moved the reading in full of said Ordinance be waived. Councilman Wisser seconded the motion. MOTION UNANIMOUSLY CARRIED. PERSONNEL: City Administrative Officer reported the employment of the following personnel: Herbert Kenneth Gustafson and Vincent Raymond Clement, Street Maintenancemen in Public Works Department; and Rommie Earl Davenport as Laborer, Public Works Department. Said appointments were ratified by the City Council on motion by Councilman Fry, seconded by Councilman Wisser. MOTION CARRIED. VARIANCE NO. 858; Submitted by James G. Gantes and Nicholas J. Dovalis, requesting permission to use proposed store building for restaurant with cocktail bar on property at 2563 Ball Road, was denied by the City Planning Commission, pursuant to their Resolution No 104, Series 1957 58. Anneal from action taken by the Planning Commission was filed by James G. Gantes and Nicholas J. Dovalis. Public hearing was ordered to be held on this matter December 10, 1957 7 :00 P.M. on motion by Councilman Coons, seconded by Councilman Schutte. MOTION CARRIED. TRANSFER OF FUNDS: It was moved by Councilman Fry, seconded by Councilman Wisser that the transfer of $61,612.50 from the General Fund to the Bond and Interest Redemption Fund to cover bond and interest payments as follows: MOTION CARRIED. Gity Hall, An4theim, California, November 19, 1957 7:00 P.M. Gity Park Improvement Principal 2,500.00 Interest 300.00 Joint Outfall Sewer Interest 250.00 1952 Waterworks Ext. Principal 25,000.00 Interest 4,281.25 1952 Electric Works Principal 25,000.00 Interest 4,281.25 TRACT NO. 2779 3321: Communication from George MQ Holstein, III dated November 15, 1957, regarding bonds and fees deposited with the City of Anaheim, covering Tract No. 3321, which is a re of part of Tract No, 2779, and asking that the City Council ioin with him in requesting partial release from the County of Orange of bonds and fees which have been deposited both with the City of Anaheim and the County of Orange in a like amount. It was moved by Councilman Schutte, seconded by Councilman Fry, that the Orange County Board of Supervisors be advised that satisfactory bonds have been posted and all necessary fees paid to the City of Anaheim for the subdivided portion known as Tract No 3321. MOTION CARRIED. AGREEMENT ORANGE COUNTY MUNICIPAL WATER DISTRICT CITIES OF ORANGE AND ANAHEIM AND L. E. NOHL SANTIAGO LATERAL: It was moved by Councilman Wisser, seconded by Councilman Schutte, that L. E. Nohl be designated as authorized agent for and on behalf of the City of Anaheim in dealing with the Orange County Municipal Water District pertaining to our rights and obligations relative to the service connection on the Santiago Lateral and to serve as our authorized representative until further notice. MOTION CARRIED. POLICY OF THE COUNCIL PARKWAYS Service Station) Councilman Coons moved that the City Council establish a policy where property corners are improved for service station purposes, that the City require the parkway areas be paved with a minimum of 4" concrete paving, Councilman Schutte seconded the motion. MOTION CARRIED. RESOLUTION NO. 4229: Councilman Coons offered Resolution No 4229 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 PURCHASE AND ACQUISITION OF CERTAIN REAL PROPERTY FOR PUBLIC PURPOSES. (F. L. Lipp $16,9600) On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: Pearson, Coons, Fry, Schutte and Wisser. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. The Mayor declared the foregoing Resolution duly passed and adopted. PARKING DISTRICT EMPLOYMENT OF APPRAISER: On the recommendations of the City Administrative Officer, Keith A. Murdoch, it was moved by Councilman Schutte, seconded by Councilman Coons, that an appraiser be employed whose services will be required for the establishment of the Parking District. MOTION CARRIED. PARKING DISTRICT EMPLOYMENT OF LEGAL COUNSEL: The Administrative Officer advised that in order for the Parking Distr.ct to proceed, the next step will be the preparation and circulation of the required petition, and recommended the employment of the law firm of O'Melveny Myers as legal counsel for the formation of this District, and further reported to the City Council the fees required for this service. 2381 RESOLUTION NO. 4230: Councilman Schutte offered Resolution No. 4230 and moved for its passage and adoption. 2382 City Hall, Anaheim, California, November 19 1957 7 :00 P.M. Refer to Resolution Book, page A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM EMPLOYING THE LAW FIRM OF O'MELVENY MYERS AS SPECIAL COUNSEL TO CONDUCT PROCEEDINGS FOR THE ESTABLISHMENT OF A PARKING DISTRICT AND THE CALLING OF A BOND ELECTION THEREFOR, AND FIXING THEIR COMPENSATION. On roll call the foregoing Resolution was duly passed and adopted by the following vote: AYES: COUNCILMEN: Pearson, Coons, Fry, Schutte and Wisser. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. The Mayor declared the foregoing Resolution duly passed and adopted. ORDINANCE NO. 1196: Councilman Schutte offered Ordinance No. 1196 for first reading and moved for its passage and adoption. AN ORDINANCE OF THE CITY OF ANAI AMENDING ARTICLE VI, CHAPTER 1, SECTION 6100.13. SUBDIVISION (d) OF THE ANAHEIM MUNICIPAL CODE RELATING TO BUSINESSES, PROFESSIONS, TRADES AND BUSINESS LICENSES. (License period) After hearing read in full the title of Ordinance No. 1196, Councilman Schutte moved the reading in full of said Ordinance be waived. Councilman Wisser seconded the motion. MOTION UNANIMOUSLY CARRIED. ORDINANCE NO. 1197: Councilman Coons offered Ordinance No. 1197 for first reading and moved for its passage and adoption. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 1 OF ORDINANCE NO. 991 ENTITLED, "AN ORDINANCE OF THE CITY OF ANAHEIM ESTABLISHING CERTAIN REGULATIONS GOVERNING THE ERECTION, CONSTRUCTION AND ALTERATION OF CERTAIN BUILDINGS, STRUCTURES AND IMPROVEMENTS, AND CERTAIN USES OF LAND, AND PROVIDING A MINIMUM FLOOR AREA IN CERTAIN AREAS WITHIN THE CITY OF ANAHEIM." (1225 sq. ft. minimum area in all of the areas that have been annexed to the City since the date of adoption of Ordinance No. 991) After hearing read in full the title of Ordinance No. 1197 and having knowledge of the contents therein, Councilman Coons moved the reading in full of said Ordinance be waived. Councilman Fry seconded the motion. MOTION UNANIMOUSLY CARRIED. TRACT NO. 2903 VARIANCE NO. 873: Communication from Hintz Construction Company dated November 15, 1957, requesting modification of Section 3A of Variance No. 873 as filed November 1, 1957, was submitted and ordered received and filed. Councilman Coons moved to adjourn. Councilman Wisser seconded the motion. MOTION CARRIED. ADJOURNED. SIGNED: s-- City Clerk