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HomeMy WebLinkAbout09-21-1959Council Chamber Santa Aha City Hall September 21, 1959. 7:30 P.M. City Council met in regular session. Meeting called to order by the Mayor. Present: Comacilmen Royal E. Hubbard, Stanley C. Gould, Jr. Dale H. Heinly, Bob Brewer, A. A. Hall Absent: Councilmen None The Pledge of Allegiance was given. Invocation was given by Reverend F. Quinn Beebe of the Richland Avenue Methodist Church. Bid acceptance Fire Alarm Cable Each member of the City Council having received copies of the MLuutes of September .5-, 1959, reading of the Minutes was dispensed with and approved on motion of Councilman Hubbard, seconded by Gould and carried. . A tabulatica of bids was presented for the furnishing of 18,150 Lineal Feet of Fire Alarm 0able, for Fire Department use, Specification No. 634-10, as follows: Total Westinghouse Electric Supply Co. - Column "A" Jacket $4,595.38 Westinghouse E~e ctric Supply Co. - Alternate - Colu~m "B" Jacket 5,149.95 Electric Supplies Distributing Co. of Santa Aha 3,981.70 Graybar Electric Company, Long Beach No Bid On motion of Councilman Hubbard, seconded by Gould and carried, the low bid of Electric Supplies Distributing Company of Santa Ana, in the total amount of Hearing Establish right-of-way lines both sides Newhope Street and on SmeltzerAve. Ordinance / $3,981.70, was accepted and the other bids rejected. This being the date set for hearing to establish future right-of-way lines on both sides of Newhope Street, between the proposed Garden Grove Freew~ and Slater Avenue, measured 42 feet from and at right angles to the survey center line; and on both sides of Smeltzer Avenue, between Harbor Boulevard and Ward Street, no protects were received and the hearing was closed, measured 52 feet from and at right angles to the survey center line;/ Ch motion of Councilman Gould, seconded by Hubbard and carried, the following Ordinance entitled: }{earing "McFadden and Tustin S.W. Annex" ~eSO. NO. 59-246 Declaring protest was not made by owners of one-half of value of territory Y "Ordinance establishing future right-of-way lines along porti~s of Newhope Street and Smeltzer Avenue" was introduced, considered and placed on file for second reading. . This be~ng the date set for hearing on the annexation of property consisting of approximately 71 acres, and situated on the south side of McFadden Street and the west side of Tustin Avenue, protests were presented from William L. and Gertrude J. Gorzeman, 16682 E. McFadden Street, owme~s of 9.65 acres, and F. F. Hoffman, 16652 E. McFadden Street, owner of 12.72 acres, protesting the annexation of their properties to the City of Santa Aha. On motion of Councilman Gould, secom~ed by Hubbard and carried, the protests were received and filed, smd the Baring declared closed. The Council having unanimously waived the readin~ of the Resolution, on motion of CouncLlman Hubbard, seconded by Heinly and carried, the following Resolu- tion entitled: "Resolution No. 59-246 declaring protest against 'McFadden and Tustin S.W.Annex' was not made by the owners of one-half of the value of the territory" Ordinance Dec]a ring annexation "McFadden and Tustin S.W. Annex. was considered and passed by the following vote: Ayes, Councilmen Royal E. Hubbard, Stanley C. Gould,Jr., Dale H. Heinly, Bob Brewer, A. A. Hall Noes, Councilmen None Absent, Councilmen None . On motion of Councilman Hubbard, seconded by Heinly and carried, the following Ordinance entitled: "Ordinance declaring the annexation of that certain territory designated 'McFadden and Tustin S.W. Annex~" was introduced, considered and placed on file for second reading. Hearing "South Santa Ana Annex" ~his being the date set for hearing on the annexation of property consisting of approximately 1131.166 acres, and is a certain portion of that area lying south of the Pacific Electric right-of-wa~, east of Main Street, west of Fairview Street, and north of Baker Street; no protests were received and the hearing was closed. The Attorney reported an additional registration in excess of the registered eleven electors in the area, and on motion of Councilman Heinly, seconded by i Hearing "Edinger and Doreen South Annex', Gould and carried, action was postponed until the meeting of October 5, 1959. . This being the date set for hearing on the annexation of property c~sisting cf approximately 11 acres, and lecated on the south side of Edinger Street, begin- ning at a point 1550 feet west of the center line of Bristol Street, extending west for a distance of 2275 feet and south 675 feet (dimensions approximate); a petition was presented, signed by six persons, protesting the annexation of their properties to the City of Santa Ana. On motion of Councilman Gould, secouded by Brewer and carried, the petition was received and filed. Councilman Heinly ques- tioned the improper form of the protest petition,and the Attorney read from the Charter, poinZing out that the form did not meet minimum requirements. Councilman Heinly remarked that the signers of the petition represented more than 50% protes- tation fr~n a very important area, and asked that the petitioners reconsider their protest~ It was moved by Councilman Hubbard~ seconded by Heinly and carrisd~ that in view of the protests received, exceeding the amount of 50% of the total evalua- Hearing Amend. Appl.No. 283 initiated by Plann. Comm. Ordinance tt~n~of the prope~ty,..the anneEation p~Oceedings.be terminated. This being the date set for hearing on Amendment Application No. 283, initiated by the planning Com~ission, amending Sectional District Map 6-5-9, Exhibit B, to re- classify from R-1 District to the C-2 PK District the property situated on the east side of Main Street~ between a point 129 feet north of center line of Owens Drive and a point 279 feet n~th of the center line of Owens Drive, measured 180 feet fr~ and at right ~gles to the survey center line of Main Street; no protests were received and the hearing was closed. On motion of Councilman Hein~ seconded by Gould and carried, the following Ordinance entitled: "Ordinance smending Article ~X of the Santa Ana Municipal Code to change district ~lassification on Amendment Application No. 283 and to amend Sectional District M~o 6-5-9, Exhibit B" Hearing Am~d.Appl.No. 285 Walter O. Hill / Ordinance was introduced, considered and plac ed oa file for second reading. This being the date set for hearing on Amenchm~nt Application No. 285, filed by Walter O. Hill, amending Sectional District Map 10-5-10, Exhibit B, to reclassify from the 0-2 PK District to the M-1 .District property located on the west side of Harper Street (a private street) between a point 270 feet and a point 330 feet southerly from and at right angles to the survey center line of Westminster Avenue. The depth of the property involved is approximate~v 228 feet west of the west line of Harper Street; no protests were received and the hearing was closed. On motion of Councilman Heinly, seconded hy Gould and carried, the following Ordinance entitled: "Ordinance am~nding ArtiCle IX of the Santa AnaMunicipal Code to change district classification c~ Amend~em~Application No. 285 and to amend Sectional District Map lO-5-10, Exhibit B" was introduced, considered and placed on file for second reading. ~mend.Appl.No. 282 Stanley R. Burggraaf ~ Stanley R. Burggraaf, amend~n_g Sectional District Map 17-5-9, Exhibit C, to reclas-i Ordinance sify from R-1 District to the R-3 District property fronting on the south side of First Street between a point approximately west of the center line of Tustin Avenue the depth of the property involved is 660 feet south of the center line of First Street; no protests were received and the hearing was closed. On motion of CounciLman Gould, seconded by Heinly and earried, the following Ordinance entitle, d: ',Ordinance amending Article IX of the Santa Ana Mtmicipal Code to chonge ~istrict classification on Amendment of Application No. ~8 2 and to amend Sectional District Map ~i7-5-9, Exhibit C" was introduced, considered and placed on file for second reading. ~ariance Application Com~,uication was again read from the Planning Commission recam~ending approval N~. 1171 P.S. and M.A.Twombly of Variance Application No. 1171, filed by P. S. and M. A. Twombly and J. C. end J.C. and R.F. Eaapp Reno. No. 59-247 ~ between First and Willits Streets in R-1 District, as a trailer park with recrea- ~ tional facilities, offices, and necessary appurtenances, all in compliance with governing codes and ordinances,subject to conditions. Attorney Walter Chaffee, representing the applicant, again objected to the dedication of Willits Street, stating that such dedication will not benefit their property. The Council having unanimously waived the reading of the Resolution, on motion of Councilman Gould, seconded by Hubbard and carried, the following Resolution entitled: ,Resolution No. 59-247 granting variance on Application No. 1171, but modifying recommended conditions" was considered and passed by the following vote: Ayes, Councilmen Royal E. Hubbard, Stanley C. Gould, Jr., A. A. Hall Noes, Councilmen Dale H. Heinly, Bob Brewer Absent, Councilmen None Variance Application Communication was again read from the Planning Commission recommending denial Of No. 1157 Eobert O. Ellison ~ Variance Application No. 1157, filed by Robert O. Ellison, to add to the front Eeso. No. 59-248 of existing conmaercial structure, in accordance with plot plan, which will reduce the available off-street parking space below one-third of the total land area, on property situated at 12101 East Bolsa Avenue, in C-2 PK District. Councilman Heinly disqualified himself on this matter. The hearing was closed. It was moved by Councilman Hubbard and seconded by Gould that the rec,,m- mendation of the Planning Commission be approved and Variance Application No. 1157 be denied. Motion withdrawn. William Dial, 184~ Aster Street, Anaheim, stated he is the owner of two lots on the other side of Mr. Robert's property, and also owns a corner lot which has a building on it, and protested the grantin~ of this Variance as every building will be setting out at a different distance. Attorney Z. B. West, representing applicant, stated this is the third hearing on this matter and was onl~ asking for a waiver of the parking requirenents, as the building is in place. The Council having unanimously waived the reading of the Resolution, on motion of Councilman Brewer, seconded by Hubbard and carried, the following Resolution entitled: "Resolution No. 59-248 granting variance on Application No. 1157 where Planning Commission rec,~...,,ended denial" was considered and passed by the following vote: Ayes, Cottrlct 1 w~ll Noes, Coanc~men Absent, Councilmen Not Vot ing Councilmen Royal E. Hubbard, Stanley C. Gould, Jr., Bob Brewer A. A. Hall None Dale H. Heinly Application No. 1172 Victor Charles Silverstein Reso.No. 59-249 Denying Variance Communication was read from the Planning Commission recommending approval of Variance Application No. 1172, filed by Victor Charles Silverstein, to erect a 40 feet x 128 feet commercial building W~th off-street parking for 32 vehicles, on property situated at the northwest corner of Grand Avenue and Stafford Street, in the R-3 District, in accordance with revised plot plan, subject to conditions. Jack Peters, 1264 E. 14th Street,protested the establishment of a Minute ~arket, stating there are two major markets in the area, and it would increase the traffic · Stafford Street is a dead end street and the granting of this Variance will destroy any possible future development of Grand Avenue for professional type of building. Mr. Peters presented an affidavit signed by Louis B. Minter, stating he now is and at all times was the owner of the real property known as 1314-24 North Grand avenue, and in October, 1955, applied for a Variance to ootain c~amercial uses for said property which was zoned R-3, w~ich Variance was granted subject to certain condi- tions. On motion of Councilman Gould, seconded by Brewer and carried, the affi- davit was received and filed. Mrs. Etsa Armstrong, 902 Grand Avenue, presented a pepretest tition signed by three owners of properties on the south side of Stafford street, and on motion of Councilman Gould, seconded by Hubbard and carried, the petition was received and filed. Mrs. Armstrong stated she is the owner of Lot 10, located on the southwest corner of Grand avenue and Stafford Street, directly opposite the subject property, and said the petition represents a property value of approximate- ly $260,000.00. There are 32 apartments on the next four lots, comprising all of the lots on the south side of the street, and said the property values will be greatly lowered by having a co~ercial zone. Photographs of the apartments were presented, and on motion of Councilman Gould, seconded by Hubbard and carried, the photographs were received and filed. Mrs. Armstrong discussed the unlimited possi- bility of the wrong type of buSiness, objecting to the sale of liquor in this market. The applicant stated no liquor will be sold; also that Grand Avenue will, in the near future, beccme c~mmercial. He also stated that he has 12 apartments behind subject property and has 18 apart~snts on Grand Avenue, for which he provides sufficient off-street parking. The area needs a market and it will not create a traffic hazard. It was moved by Councilman Gould and seconded by Hubbard, that a Resolution be adopted overruling the recommendation of the planning Commission and the Variance was denied. It was moved by Councilm~u Heinly and seconded by Brewer, that the matter be tabled. Roll Call Ayes, Coanci]m~ Noes, Councilmen Absent, Counci]m~ Dale H. Heinly, Bob Brewer, Jr~ Royal E. Hubbard, Stamley C. Goul~ A. A. Hall, None It was moved by Councilman Heinly and seconded by Hubbard, that the motion be a,~uded to read 'M~ithout prejudice,, and the Council having unanimously waived the Variance Application No. 1173 Jessee Wendell Egger reading of the Resolution, the following Resolution entitled: "Resolution No. 59-249 denying variance on Application No. 1172 where Planning Commission recommeD~ed tha~ the same be granted" was considered and passed by the following vote. Roll Call Ayes, CounciLmen Royal E. Hubbard, Stanley C. Gould, Jr., Dale H. Heinly, A. A. Hall Noes, Councilmen Bob Brewer Absent, Councilmen None . On motion of Councilman Gould, seconded by Brewer and carried, the recommendation of the Planning Commission was approved and Variance Application No. 1173, filed by Jessee Wendell Bgger, granted to erect an additional single-family dwelling to t~ rear of an existing dwelling, on property situated at 1931 Hulladay Street, in the R-! District; the lot is 48 feet by 138.91 feet in dimension, subject to conditions. Variance Application No. 1176 / W. A. Clifford Reso. No. 59-250 Variance Application .! No. 1179 Jay E. and CarOIC. Gunderson Variance Application No. llS1 Helen M. Barrus Reso. No. 59-251 Communication was read from the Plm~ning Commission recommending approval of ~P~t~.~l176. On mo%iou of Counci!m~ Gould, seconded by Brewer and carried, the recommendation .I of the Planning Commission was approved and Variance Application No. 1176, filed by W. A. Clifford, granted to esta01ish a Mobile Home Park on property situated at the N.E. Corner of Jackson and Washingt~a Streets, in the R-1 District, on approxi- mately 6.80 acres, subject to conditions. Miss Vera Andrews, Redondo Beach, re- presenting the applicant, req~ssted the dedication of street easement to be changed to 30 feet instead of 60 feet, and agreed to conditions applying to Jackson Street, which provides ingress and egress to the property, but nOt as imposed on Washington Avenue. The Council having unanimously wmived the reading of the Resolution, on motion of Councilman Gould, seconded by Brewer and carried, the following Reso- lution entitled: "Resolution No. 59-250 granting Variance on Application No. 1176 by modifying conditions recommended by the Planning Commission" was considered and passed by the following vote: Ayes, Co~cilmen Royal E. Hubbard, Stanley C. Gould, Jr., Dale H. Heinly, Bob Brewer, A. A. Hall Nee s, Councilmen None Absent, Councilmen None . On motion of Councilma~ Hein~y, seconded by Gould and carried, the recommendation of the Planning Commission was approved and Variance Application No. 1179, filed by Jay E. and Carol C. Gumderson, granted for a six-foot reduction of the 20-feet required rear yard, all d~e to the addition of an attached room to the rear of the existing building on property situated at 2106 Candis Avenue~ in the R-1 District, in accordance with plot plan. ,, Communication was read from the Planning Commission recommending approval of Variance Application No. llS1, filed by Helen M. Barrus, to remodel existing duplex to be used as income property, and construct an additional three-unit apartment~ consisting of one-three bedroom, one two-bedrocm~ and oue one-bedroom unit, on property situated north of 1919 S. Evergreen Street and to include 1911 S. Evergreen Street, in the R-1 District. Helen M. Barrus stated she has a ~arge co~rcial type swimming pool and wishes to build a three-unit apartment building there~ and parking facilities as needed, with a 20-foot setback, with no living quarters a~ove garage. She is also in the process of remodeling an existing duplex which is ad- jacent to the property to be ~uilt. It was moved by Councilman Gould that a Reso- lution he adopted overruling the recommendation of the Planning Commission end the Variance granted to build a triplex on Lot 12, and to remodel the duplex as re- quested as existing on Lot 11 and part of Lot 10, subject to conditions as recom- mended by the Department of Public Works and the Planning Department, m~d the further condition that on the frc~t of said pmperty permission be granted to build garages as shown on plot plan. Motion lost for lack of a second. It was moved by Councilman Heinly and seconded by Brewer that the matter be continued until the Councilman Brewer withdrew his second. The Council having next regular meeting. unanimously waived the reading of the Resolution, on motion of Councilman Heinly, seconded by Hubbard and carried, the following Resolution entitled: "Resolution No. 59-251 granting Variance on portion of Application No. llS1 and continuing remainder to October 5, 1959" was considered and passed by the following vote: Ayes, Counci~ .~n Noes~ Councilmen AbseDt, Councilmen Royal E. Hubbard, Stanley C. Gould, Jr., Dale H. Heinly, Bob Brewer, A. A. Hall None None l Variance Application No. 1182 Villa Riviera Develop. Co. ,Inc. Var i~u ce Application No. 1174 'C.S. and N.S.Blinn, · . and B.J. Hidle Variance Application No. 1177 Wm. and Virginia Guzman Variance Application No. 1178 Edward J. Costello Variance Application No. 1180 Arch T. Balcom Councilman Heinly .d. isqualified himself on the fOllowIng zmtter: ~ ~~ -~ Om motion of Councilman Hubbard, seconded by Gould and carried, the recommendation of the Planning Commission was approved and Variance application No. 1182~ filed by Villa Riviera Development Company, /nc., granted far a reduction in front yard setback, ranging between 48 fee% to 57 fee,t from center line; the required front yard is 60 feet frcm center line, on property situated in Tract 3387 generall~ situated at the intersection of Morningside and West Streets, all in the R-1 Dis- tr~t, in accordance with plot plan and subject to condition that all garages have an approach of not less than 20 feet. . Co...-~.~nication was read from the Planning Commissic~ recommeoH~ug denialof Variance Application No. 1174, filed by C. S. and N. S. Blinn and K. and B. J. Hidle, to use existing building c~ northerly portion of lot far sales room for used auto parts and an office; remaining buildings thereon to be used as an iron ~orks ma- chine shop for three years, then the building will be used as an auto glass and radiator shop; the southerly portion of the property will be used for an automobile wrecking and salvage yard, on property situated at the southwest corner of Fifth Street and Newhope Avenue, in the R-1 District. Mr. J. G. Betts, 1238 W. 18th Street, owner of property on Newhope and Bolsa, protested and referred to his let- ter of September 8th to the Planning Commission, and petition with 18 signatures, stating that the intended use for a Junk yard would down-grade the area. Attorney Don Egan, I4161 B~ookhurst, Garden Grove, representing the applicant and Mid-Town Motors, said that the area is surrounded by dairy farms, chicken farms, a refrig- erator repair and storage company, etc. on Bolsa, Just west of Newhope, and pre- seated photographs of their proposed plans. He stated they proposed to block off the area with an 8-foot block wall fence~ and vould improve the appearance. The block wall could be placed eompletely around the property if the Council so requires. On motion of Councilman Hubbard, seconded by Heinly and carried, the recommenda- tion of the Planning Commission was approved and Variance Application No. 1174 denied- Communication was read from the Planning Commission recommending denial of Variance Application No. 1177, filed by William and Virginia Guzman, to establish a restaur- ant for the sale of American and Mexican food, no parking is being provided, on property situated at the southwest corner of Walnut Street and Artesia Street, in the R-1 District. Communication was read fron Virginia C. Guzman, requesting the withdrawal of Varionce Application ~o. 1177, and the request was granted. . Communication was read from the Planning Commission recommending denial of Variance Application No. 1178, filed by Edward J. Costello, to construct a two-story build- ing, the first floor to contain two professional non-medical offices; the second floor to contain four single-bedroom apartments; a total of eleven parking spaces are to be provided~ on property situated at the southeast comer of Flower and Washington Avenues, in the R-2 District. On motion of Councilman Heinlya seconded by Hubbard and carried, Variance Application No. 1178 was referred to the Planning Co~ mission for further eonsid, er,~,'t,~n reSardi~ the R-3 zone. Mr. Ridley C. Smith, 1022 North Flower Street, stated that in referring this application to the Plan- ning Commission, consideration should be given to the requirement cf an alley there; this property on the east side of Flower Street should possibly all be zoned R-3 and objected to spot zoning. ,, Com~,uication was read from the Planning Commission recommending denial of Variance Application No. llSO, filed by Arch T. Balcom, to erect one building having six c~e-bedroom apartment units; eight parking stalls to be provided; the old cottage Establish R/W Lines Both Sides Harbor Blvd. Ccmmunication Planning Commission Reso. No. 59-252 Annex territory "Tustin and 17th N.E.Annex" (set hearing date) Crossing Guard- Santiago School Tentative Tract ..~, Map 2O33 Savage Construction Co. type existing building to be removed or wrecked, on property situated at 701 S. Flower Street, in the R-2 District. Communication was read from Mr. Balcom, dated September 15, 1959, requesting postponement of matter to the October 5th meeting, a~d on motion of Councilman Heinly, seconded by Hubbard and carried., ' actien was continued until. October 5, 1959. ,, Communication was read from the Planning Commission recmmmendiug approval to establish ~uture right-of-way lines on both sides of Harbor Boulevard, betwee~ proposed Garden Grove Freeway and proposed Sen Diego Freeway, measured 60 feet from and at right suglss to the survey center line. On motion of Counc/lman Gould, seconded by Hubbard and carried, action was postponed until October 5, 1959. Communication was read from the Planning Commission recommending approval of proposed annexation to the City of territory designat~Tustin and Seventeenth N.E. Annex',, consisting of approximately 81 acres, bounded on the west by Tustin avenue and on the south by 17th Street. The Council having unanimously w~ived the read- ing of the Resolution, on motion of Councilman Gould, seconded by Hubbard a~d carried, the following Res olution entitled: "Resolution No. 59-252 initiating proceedings for the annexation of territory to the City cf Santa Ana, designating 'Tustin and Seventeenth N.E. Annext as an appropriate nm~e and giving notice of time and place of hearing protests thereto" setting the date of hearing on November 2, 1959, was considered and passed by the following vote~ Ayes, Councilmen Noes, Councilmen Absent, Councilmen Royal E. Hubbard, Stanley C. Gould, Jr., Dale H. Heinly, Bob Brewer, A. A. Hall None Absent Councilman Gould stated that the matter of retention of a crossing guard at the intersection of West Santa Clara Avenue and North Bristol Street was c~dered con- tinued from the Ma~ 4, 1959 meeting until this date, and urged the importance of better liaison between thg PoLice Department and P.T.A. Mr. Roger Harvey, 2214 No. Forest Avenue, one of the members of the committee, representing the approximate 600 petitioners in that area, strongly recomnended the need for au adult crossing guard at that intersection, stating that a school boy patrol would be inadequate where there are a great number of children and automotive traffic. He presented statistics for the moving traffic when children would be using this intersection, and requested that the committee investigate the matter. On motion cf Councilman Gould, seconded by Brewer and carried, the statistics were received ~and filed, and the F~ger was instructed to maintain the crossing guard at West Santa Clara Avenue and North Bristol Street for that period of time as may be necessary during the school semester; ~hat t he Traffic Control Committee be instructed to con- tact the P.T.A. and the Police Department to attempt to arrive at a solution until the problem is solved. Roll Call Ayes, Councilmen Stanley C. Gould, Jr., Bob Brewer, A. A. Hall Noes, Councilmen Royal E. Hubbard, Dale H. Heinly Ab sent ~ Counc 41 men No ne Co-~unication was read from the Planning Department recommending approval of Tenta- tive Tract Map 2033, fil~iby Savage Construction Company, creating 51 single-family residential lots and leaving one large parcel fc~ possible commercial development; located generally at the southwest corner of Bolsa Avenue (F~rst Street) and Verano Street, subject to c~ditions. Mr. Richard H~milton, 325 No. Broadway, representing the 0onstruction Company, stated he had received communication from Planning Department relative to modification in Conditions and will accept all conditions. (see page 275) Preliminary Record of Survey Paul Alston Tentative Tract Map 3547 Wilfrid H. Charlton Map of Tract ~ No. 3528 ~ Th~ Lehnhardt Corp. Preliminary Record of Survey Santa Fe Land Improve-~i~ ment Co. Renew Lease Orange County Tubercular and Health Association ~aintenance of certain 'radio and commercial ~Tacilities ~ O~ motion of Councilm~n Gould, seconded by Hubbard and carried, Tentative Tract Map 2033, filed by Savage Construction Company, was approved subject to conditions. Communication was read from the Planning Department recommending approval of Preliminary Record of Survey, filed by Paul Alston, dividing a residential lot located generally at the northwest corner of Palm Avenue and Smeltzer Avenue, subject to conditions. On motion of Councilman Hubbard, seconded hy Gould and carried, action was continued until meeting of October 5, 1959, ~s orally requested by Paul Alston, ll611 Smeltzer Avenue. Communicatic~ was read from the Planning Department recommending denial of Tenta- tive Tract Map 3547, filed by Wilfrid H. Charlton, creating twenty multiple-family lots in the M-1 district, located along both sides of 536 feet of the pzolongation of Minnie Street. 0ommunication was read from Attorney Ridley C. Smith, representing Wilfrid H. Charlton, requesting that action be con- tinued until December 7, 1959, and on mo~ion of Councilman HubOard, seconded ~y Gould and carried, the communicatic~ was received, filed and request granted. On motion of Cbuncilman Gould, seconded by Hubbard and carried, Map of Tract No. 3528, filed by The Lehnhardt Corporation, for the dedication of Smeltzer Avenue, Verano Street, Lehnhardt Avenue, Genoa Drive, McLean Drive, Flintridge Drive, Crystal Lane, Driftwood Lane, Kent Avenue; also for the dedication of vehicular access rights to Verano Street and Smeltzer Avenue, except at street intersection; and bond in the smm of $109,000.00 were approved, license fee in,he sum of $~,300.00 accepted, and agreement covering improvements ordered signed. . Communication was again read from the Planning Department recommending approval of Preliminary Record of Survey, filed by Santa Fe Land Improvement Company, creating three industrial parcels located generally at the southwest corner of McFadden Avenue and Ritchey Street, subject to conditions. Mr. Ralph Stroup, representing the Santa Fe Land Improvement Company, objected to the improvement of sidewalks in industrial property, and requested that with the approval of the plans for Wilshire Avenue, to also approve the e~m~nation of sidewalk improvements; and not require the dedication of widening strips of Ritchey Street and McFadden Avenue; also to be relieved of necessity of conveying all vehicular access rights. It was moved by Councdlm~u Gould, seconded by Hubbard and carried, that approval of Preliminary Record of Survey map be amended and the map be approved subject to modification of Condition 4; to provide for the dedication of property on NcFadden Street for street purposes at this time, and the improvements thereon be delayed until the develop- ment of the large parcel; the requirement for sidewalks on Wilshire Avenue be elim- inated, all access rights on Ritchey Street and McFadden Avenue be dedicated to the City, and the City will furnish the developer with reasonaOle access rights onto the street. It was moved by Councilman Hubbard, seconded by Heinly and carried, that the lease between the City and Orange County Tubercular and Health Association, which became effective October l~ 1956, be renewed and extended for a period of 30 months at the rental rate of $164.00 a month, for Rooms lO1, ll9, 120 and 121 and Foyer B, i~ Community Center Building, all in accordance with the option to renew contained in said original lease. On motion of Councilman Hubbard, seconded by Heinly and carried, proper officials were authorized to execute Agreement dated September 21, 1959, with the County of Orange, providing for the maintenance of certain radio commmuuication facilities used by the City. Instructions Reso. No. 59-253 Accepting deed Mabel E. Carlson Reso.No. 59-254 ~ Accepting deeds Ralph C. and Ellen M.Anderson, Martin B. and Elaine J.Weinberg, Raitt Properties Ordiuance No. N$-398 Amend. Appl. No. 281 initiated Plann. Comm. Ordinance No. NS-399 Amend. Appl. No. 280 Duayne D. Christensen ttwas moved by CouncilmauHubbard, seconded by Heinly and carried, that escrow instructions dated September 17~ 1959, be approved and signed with Mabel E. Carlson, f~r the purchase of property located on the north side of Sixth Street, west of the Municipal Bowl, known and numbered as 1015 West Sixth Street, in consideration of $18,000. O0 The Council having unanimously waived the reading of the Resolution, on motion of Councilman Hubbard, seconded by Gould and carried, the following Resolution entitled: "Resolution No. 59-253 accepting grant deed where City is paying $18~000.00 cash consideration" t o Mabel E. Carlson for the purchase of property on the north side of Sixth Street, west of the Municipal Bowl, in the sum of $18,000.00~ was considered and passed by the following vote: Ayes, Com~cilmen Noes, Councilmen Absent, Councilmen Royal E. Hubbard, Stanley C. Gould, Jr., Dale H. Heinly, Bob Brewer, A. A. Hall None None The Council having unanimously waived the reading of the Resolution, on motion of Councilmam~ubbard, seconded byHeinly and carried, the following Resolution entitled: "Resolution No. 59-254 accepting deeds where 8ity is paying no cash consideratiod' from Ralph C. and Ellen M. Anderson, for all vehicular access rights on the south side of Seventeenth Street, west of Grand Avenue; from Fidel M. and Josephiue Reyes, for street easement over land facing English Street, near Eighth Street; from Martin B. and Elaine J. Weinberg, for an easement for alley purposes on two sides of Lot l, Block B, of Hartley's Addition to the CiIv; from Raitt Properties, for an easement for storm drain over l0 feet of land on East Townsend Street, in Tract No. 3391, was considered and passed by the following vote: Ayes, Councilmen Royal E. Hubbard, Stanley C. Gould, Jr., Dale H. Heinly, Bob Brewer, A. A. Hall Nc~s, Councilmen None Absent, Councilmen None The Council having unanimouslywaived the reading of the Ordinance, on motion of Councilman Gould, seconded by Hubbard and carried, the following Grdinance entitled: "Ordinance No. NS-398 changing district classification of Amendment Application No. 281" reference Amendment Application No. 281, initiated by the Planning Commission, amending Sectional District Map 9-5-9, Exhibit C, to reclassify from R-1 District to C-1-PK District property situated generally on the east side of Tustin Avenue between a point 540 feet north of the north line of First Street and a point 1,571 feet north of the north line of First Street, measured at a depth 557 feet east of the east line of T~stin Avenue, was considered and passed by the following vote: Ayes, Councilmen Royal E. Hubbard, Stanley C. Gould, Jr., Dale N. Heinly, Bob Brewer, A. A. Hall Nnes~ Councilmen None Absent, Councilmen None The Council having unanimously waived the reading of the Ordinance, on motion of Councilman Gould, seconded by Hubbard aud carried~ the following Ordinance entitled: "Ordinance No. NS-399 a~ending Article IX of the Santa Ana Municipal Code to change district classifications on Amendment Application No. 280 and to amend Sectional District Map 9-5-10, Exhibit B" reference Amendment Application No. 280, filed by D~ayne D. Christensen, amending Sectional District Map 9-5-10, Exhibit B, to reclassify fr~nR-1 District to C-1-P~ District, property located at the southeast corner of the intersection of Fifth Ordinance Establish R/W Lines Raitt Street btn 5th St. ~ Delhi Road Ordinance Traffic Regulations Ordinance Prbhibiting Distribution Obscene Literature Reso. No. 59-255 Cammunication Mrs. G. M. Wright State Dept. Public Works et al a~ Verano Streets; size of property involved is 181.98 feet by 160.67 feet, was considered and passed by the following vote: Ayes, Councilmen Royal E. Hubbard, Stanley C. Gould, Jr., Dale H. Heinly, Bob Brewer, A. A. Hall Noe s, Councilmen N~ue Absent Councilmen None Communication was presented from Attorney Milford W. Dahl, requesting deferment of acticn, for certain reasons, on the Ordinance establishing future right-of-ws~ lines along both sides of Raitt Street, between Fifth Street and Delhi Road. On motion ~ Councilms~ Gould, seconded by Hubbard and carried, action on the Ordinance was postponed until October 5, 1959. On motion of Councilman Gould, seconded by Hubbard and carried, action on the Ordinance ~ending Chapter 2 of Article III of the SantaAna Municipal Code relating to traffic regulations, was continued until such time as he receives a copy of the Ordinance and ma~es his report, and the matter will then be placed on the calendar. ,, Councilman Brewer asked the members of the Council if there was any possibility of preparing an Ordinance prohibiting the distribution of obscene literature. Coun- cilman Gould stated he had attempted to write an Ordinance and felt there was con- siderable question whether the 8rdinance would affect Section 311 of the Penal Code which covers it. Councilman Gould asked that the Council pass a Resolution finding that, in conjunction with the work of the Com~ittee on Decent Literature, they find certain publications being distributed which do not have a Second Class mailing permit, and in which the display of nude bodies of male and female are questionable as to whether they are obscene; that the Council finds, in certain instances, one of these magazines is published by Sprite Publishing Company, 1722 E. Washington Blvd., Los Angeles 24, California, Volume 1, No. 1; that Cloud 9 is published by the Valley Publicaticns, Inc., 12969½ Ventura Blvd., Sheman Oaks, California, being Volmne 2, and further finds the publication named Rascal, Volume 1, Item No. 1, published by Art Enterprises, 8511 Sunset Blvd., Los Angeles; that each of these magazines have therein, and in other publications distributed or printed by said companies, are of questionable nature. That the Council take immediate steps to notify the Attorney General~s office of the State of California, that these three books are in violation of said Penal Code, and quoting in the letter '~,aterials furnished to us appear to be questionaDle and request them to investigate." The Council having unanimously waived the reading of the Resolution, on motion of Councilman Gould, seconded by Brewer and carried, the,f, ollow,isg~R~.solu- "Resolution No. 59-255 requesting the Attorney General of the S~ate of California to investigate certain publications to determine whether or not the sam~ ms~ be in violation of Section 311 of the Penal Code of the State of California" was considered and passed by the following vote: Ayes, Councilmen Royal E. Hubbard, Stanley C. Gould, Jr., Dale H. Heinly, Bob Brewer, A. A. Hall Noes, Councilmen None Absent, Councilmen None On motion of Councilman Hubbard, seconded by Gould and carried, the following communications were received and filed: From Mrs. G. M. Wright, 61~ N. Parton Street, making a plea for the protection /~ of three trees in her neighborhood, and protesting the noisy and mischievous gangs, who gather in the construction area of the new Civic Center. From the State Department of Public Works, submitting Resolution of August 27, 1959, relating to policy and procedure in the relinquishment of superseded State highweys to local authorities. Appoin~.-~n% Vehicl~ parking District No. 1 Communication Far West Advertising Ltd. Courtesy Bus Shel~ers Boundary Commission; City of Costa Mesa (Sunflower Annex. ) Advertise for bids Water meters Reso. No. 59-256 Arterial Highway. Financing Program- Fairview Street Frcm the County Clerk, submitting Resolution No. 59-963, and advising ths~ the Board of Supervisors amends the Fiscal Program for the fiscal year 1959-1960 under the Arterial Highway Financing Program, as follows: Priority 30~ City of West- minster; Allocation $76,000.00. / From the Boundary Commis~on regarding proposed annexation of territory to the City of Santa Aha (Tustin and 17th N.E. Annex), advising that the boundaries of the proposed annexation are reasonably definite and certain. ~ From the Boundary C~ission regarding proposed annexation of territory to the ~WCity of Garden Grove (Annexation No. 89) advising that the boundaries of the pro- posed annexation are reasonably definite and certain. · From the Boundary Com~mission regarding proposed annexation of territory to the ~* City of Orange (Annexation No. ll4) advising that the boundaries of the proposed ~ annexation are reasonably definite and certain. Department of Public Works, ~ Conmuunication addressed to Mr. H. H. Foreman,/from the City Attorney, City of Garden Grove, expressing thanks for offer to take up the Garden Grove water system ~ ~ in Tract No. 1944, but their City Council has decided to r~-n its own water system~ · % k~ep its own water lines, maintain its own water lines, and furnish water to its ~ customers in Tract No. 1944, until the Court has directed otherwise. From American Association of University Women, offering support to the enact- ment of an ordinance, which would prevent the sale, display~ printing,distribution, exhibit, or gift of lewd, obscene, lascivious, or immoral literature or pictures in the City of Santa Ana. Frmm Mr. Chester Wafford, 901 Brown Street, protesting the present method of ~low taxation rates and enforcement, and enforcement of traffic laws regarding bicycle riders. Notifications of the Department of Alcoholic Beverage Control of beverage applications of Melville Himmelfarb and Ignacio V. Calvillo, 2026 West Fifth Streets Straub Distributing Company, Inc., 611 Poinsettia; Joe H. and Beulah P. Zusman, 116 N. Main Street, and Lewis C. Elliott, 415 Bush Street. . It was moved by Councilman Gould that Herbert L. Hill be nominated to serve as a member of the Commission of the Santa Aha Vehicle Parking District No. 1. On motion of Councilman Gould, seconded by Hubbard and carried, the matter was continued for further consideration. ,, Ccmmunioation was presented from the Far West Advertising Ltd., Forest Lawn, Alberta, Canada, applying for a Franchise to place Courtesy Shelters at Bus Stops, free of charge to the City, in exchange for privilege of placing advertising on these units; units to be manufactured in Santa Ana, and on motion of Co~cilman Hubbard, seconded by Gould and carried, the request was denied. Communication was presented from the Bom~dary Commission regarding proposed annex- ation of territory to the City of Costa Mesa "Sunflower Annex" advising that the boundaries of the proposed annexation are reasonably definite and certain, although it overlaps the proposed "South Santa Ana Annex". On motion of Cc~nci lman Gould, seconded by Hubbard and carried, the Manager and his staff were directed to take all steps possible to bring this area of "South Santa Aha Annex,, into the City of Santa Ana. On motion of Co~ncilmsn Hubbord, seconded by Gould and carried, the Purchasfng Agent was authorized to advertise for bids for 1, 000 water maters, per Specifica~tion No. 665-7; bids to be opened October 5, 1959. The Council having unanimously waived the reading of the Resolution, on motion of Councilman Hubbard, seconded by Gould ar~ carried, the foll~ing ResOlution entitled: No~. 59-256 "Resolutio~ of the Council of the City of Santa Ana requesting the County of Orange to include within the arterial highway financing program the development of Fairview Street" to improve Fairview Street from Delhi Road to Edinger Street, was considered and passed by the following vote: Ayes, Councilmen Noes, Councilmen Absent, Councilmen Royal E. Hubbard, Stanley C. Gould, Jr., Dale H. Heinly, Bob Brewer, A. A.Hall None None Arterial Highway Financing Program- Newhope Street Reso. No. 59-258 Arterial Highwa~ ~? .Financing Program- First Street Advertise Hearing on Budget 1959-1960 Request Camile Christian Church Solicit funds ~ Reso.No. 59-259 24-min.parking Main St. between 7th and 8th Streets (So. Counties Gas) Reso. No. 59-260-Elim. ~:~ / 22-ft. Limited P~trkinga~ E.French-No.-First Sro~' The Council having unanimously waived the reading of She Resolutimu, on motion of Councilman Gould, seconded by Hubbard and carried, t~ following Resolution entitled~ NQ.59-257 "Resolution/of the Council of the City of Santa Aha requesting the County of Orange to include within the arterial highway financing program the development of Newhope Street" to improve Newhope Street from Smeltzer Avenue to Westminster Avenue, was considered and passed by the following vote Ayes, Councilmen Royal E. Hubbard, Stanley C. Gould, Jr., Dale H. Heinly, Bob Brewer, A. A. Hall Noes, Co~mcilmen Nc~ Absent, Councilmen None ,, Be Council having unanimously waived the reading of the Resolution, on motion of Councilman Gould, seconded by Hubbard and carried, the following Resolution entitled: No. ~9-~58 .Resolution/dF the Councilof the City of Santa Ana requesting the County of Orange to increase the allocation of First Street to include the approach ramp for the First Street bridge within the arterial highway fida~cing program" to make additional improvements on First Street from four hundred eighty (~80) feet East of Santa Aha River to Santa Ana River, was considered and passed by the following vote: Ayes, Councilmen Royal E. Hubbard, Stanley C. Gould, Jr., Dale H.Heinly~ Bob Brewer, A. A. Hall Noes, Councilmen None Absent, Councilmen None On motion of Council~mn Hubbard, seconded by Gould and carried, the Clerk was instructed to publish a notice of hearing on the proposed budget for the fis~cal year 1960 ' setting the date of hearing c~Oc$ober 5, 1959, according to the provisions of the Charter. was On motion of Councilman Hubbard, seconded by B~ewer and carried, request/granted to James M. Turner, Minister, Camile Christian Church, for the Educatic~ Committee of the Santa Ana-Tustin Council of Churches, to solicit lhnds Octooer 31, 1959, from 5:30 to 7:30 P.M. The Council having unanimously waived the reading of the Resolution, on motion of Councilman Gould, seconded by Huboard and carried, the following Resolution entitled: "Resolution No. 59-259 concerning parking limitations and curb markings in accordance therewith,, for the establishment of a 24-minute parking zone on the east side of North Main Street between Seventh Street and Eighth Street, as requested by the Southern Court- ties Gas Company, was considered and passed by the following vote: Ayes, Councilmen Royal E. Hubbard, Stanley C. Gould, Jr., Dale H. Heinly, Bob Brewer, A. A. Hall Noes, Councilmen None Absent, Councilmen None ,, The Council having unanimously waived the reading of the Resolution, on motion of Councilman Gould, seconded by Hubbard and carried, the following Resolution entitled: "Resolution No. 59-260 concerning parking l~m~tations and curb markings in accordance therewith,, for the elimination of a 22-foot limited parking zone on the east side of French Street between First and Second Streets as recommended by the Department of PubLic Works, was considered and passed by the following vote: Ayes, Councilmen Noe s, Councilmen Absent, Councilmen Royal E. Hubbard, Stanley C. Gould, Jr., Dale Ho Heinly, Bob Brewer, A. A. Hall None None ? ReSOo N~o 59-261 Establish Green Zone Second St. btn French a~d Lacy Streets (Dennis Printers) ~ Petition to declare Wright St.-non-commercial Reques ~ Oraage County Refrig. and Fixture Co.-loading zone on Spurgeon St. Conference-League of Cities-San Francisco Request-Extension time completion of Library Request-Extension time completion of electrical service for Library The Council having unanimously waived the reading of the Resolution, on motion of Councilm~n Hubbard, seconded by Heinly and carried, the following Rssolution entitled: "Resolution No. 59-261 concen~ing parking l~m~tations and curb markings in accordance therewith" to establish a green zone and install signs for 24-minute parking on the north side of Second Street, between French and Lacy Streets, as requested by Dennis Printers, was considered and passed by the following vote: Ayes, Councilmen Royal E. Hubbard, Stanley C. Gould, Jr., Dale H. Heinly, Bob Brewer, A. A.Hall Noes, Councilmen None Absent, Councilmen None O~ recomendation of the Curb Usage Committee, and on motion of Councilman Heiul,y, seconded by Hubbard and carried, the petition signed by eighteen persons was denied, that Wright Street, between First Street and 4th Street, be declared a non-con~er- cial street,with load limit not i~n excess of 5,000 pounds per truck. ,, On recommendation of the Curb Usage Committee, and on motion of Councilman Heinly~ seconded by Hubbard and carried, the request of Orange County Refrigeration and Fixture Company was .denied, for the establishment of a loading zone immediately north of the al±ey at the rear of Thrifty Drug facing on to Spurgeon Street. On motion of Councilman Heinly, seconded by Hubbard and carried, an expenditure of $300.00 was authorized for each Councilman to attend the 61st Annual Conference of League of California Cities at San Francisco, October 18 through 21 inclusive. ,, On recommendation of the Manager, and on motion of Councilman Hubbard, seconded by Heinly and carried, the request of The Gallegos Corporation, General Contractors~ for an extension of ti~ of six weeks for the completion of the Santa Ana Library, was granted. On rec~m,~endation of the ~anager, and on motion of Councilman Hubbard, seconded by Heinly and carried, the request of GLlbert and Stearns, Inc., Electrical Contrao- tors, ~or an extension of completion time to October /2, 1959, on the revised electrical service for the Santa Ana Public Library, was granted. On motion of Councilman Gould, seconded by Hubbard and carried, the City Council adjourned.