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HomeMy WebLinkAbout11-06-1961Council Chamber Santa And City Hall November 6, 1961. 7:30 P.M. City Council met in regular session. Meeting called to order by the Vice-Mayor. Present: Councilmen Absent: Councilmen Henry N. Sohlueter, Bob Brewer, Royal E. Hubbard Dale H. Heinly, A. A. Hall The Pledge of Allegiance was given. Invocation was given by Reverend George A. Munzing, First United Presbyterian Church. Each member of the City Council having received copies of the Minutes of October 16, 1961, reading of the Minutes was dispensed with and approved as mailed on motion of Couneilm~n Brewer, seconded by Schlueter and carried. Bids A tabulation of bids was presented for the furnishing and delivering of an 85 ft. Aerial Ladder Truck~? aerial ladder truck, with associated equilm~ent, Specification No. 626-7, as follows: The Seagrave Corporation $ .~,776.00 10~ bond American LaFrance, Division of Sterling Precision Corp. ~7,522.80 certified check $5100.00 On recommendation of the Manager and on motion of Councilman Brewer, seconded by Bid acceptance Rent street surface heater and re-mix machine Schlueter and carried, action on the award was continued until the next meeting. A tabulation of bids was presented for the rental Of street surface heater and re- mix machine, Specification No. 391-1, as follows: G. J. Payne Company: Unit cost to City per 1000 sq. ft. $10.00 Total cost to City for estimated B20,O00 square feet $3,200.00 On motion of Councilman Brewer, seconded by Schlueter and carried, the bid of G.J. Hearing "Tslbert and Greenville Mouth Annex" Ordinance Payne Company, was accepted, in the total amount of $3,200.00. This being the date set for hearing on the annexation of property consisting of approximately 15 acres, located on the south side of Talbert Avenue, on both sides of G~eenville Street, designated "Talbert and Greenville South Annex"; the Vice- Mayor asked the Clerk if any written protests had been received, and she replied there were none. The hearing was closed. On motion of Councilman Brewer, seconded by Schlueter and carried, the following Ordinance entitled: "Ordinance declaring the annexation of territory designated 'Talbert and Greenville South Annex'" was introduced, considered and placed on file for second reading. 3 13 Hearing "Verano and Roberts West Annex" Ordinance This befng the date set for hearing on the annexation of property consisting of approximately 10 acres, located on the west side of Verano Street, north of ,C~eltzer Avenue, designated "Verano and Roberts West Annex"; the Vice-Mayor asked the Clerk if any written protests had been received, and she replied there were none. The hearing was closed. On motion of Councilman Brewer, seconded by Schlueter and carried, the following Ordinance entitled: Continued hearing Amend. Appl. No. 355 Jesse Ojeda "Ordinance declaring the ~nnexation of territory designated 'Verano and Roberts West Annex'" was introduced, considered and placed on file for second rending. This being the date set for the continued hearing on Amendment Application No. 355 filed by Jesse OJeda, amending Sectio,~] District Map 8-5-9, to reclassify from th~ R-1 to the C-5 and R-1-B Districts, property on the south side of Seventeenth Street, between Mabury and Wright Streets (the southwest corner of Mabury and ? Seventeenth Streets), all as shown on Exhibit A.A. 355A; it was;moved by Councilma9 Brewer, seconded by Schlueter and carried, that the matter be continued until the i Proclamation "B[ll oT Rights Week"' Commtmication Santa ~na College next meeting. ,, ; Communication was presented from the Santa Aha College, stating that at the Octobe~ meeting of the Board of Education, a"Bill of Rights Week"was proclaimed for i: December 4th to llth, in all City schools, and requesting the Council to make the l:~ocl~tion City-wide. 1~. Crane, InstmAetor,~ Constitutional Govem~nent, at the Santa .~m College, introduced student, Susan Moore, who requeste~ the Council~to } proclaim the week of December 4th to llth, 1961, as "Bill of Rights Week", and advised the studeSbody will distribute copies of the "Bill of Rights". On motion of Counc~m-n Brewer, seconded by Schlueter and carried, the Vice-Mayor was! authorized to issue a Procl-m-tion proclaiming the week of December 4th to llth, Request California Gas Transmission Co. (Application for franchise) Resol. No. 61-252 declare intention to grant franchise to Calif. Gas Transmission Co. (set hearing date) 1961, as "Bill of Rights Week", and the communication wes received and filed. This being the continued action on the request of the California Gas Transmission Company, B921 Wilshire Boulevard, Los Angeles, for the adoption of a Resolution o~ Intention, setting a date for h~aring an application to grant a franchise for the construction of a pipeline across certain streets, alleys and places in the City, Mr. H. L. LeP~ Assistant Counsel, Southern Counties Gas Cempany, Los Angeles, requested that action be postponed until such time as the Public Utilities Commission has acted on this matter, as s~tting a date for hearing at this time is premature? Mr. Robert S. Barnes, Counsel for the Applicant, suggested that thd matter be set for hearing on December 4th or December 18, 1961. The Council hav- ing unanimously waived the reading of the Resolution, on motion of Councilman Brewer, seconded ~bY Schlueter and~carried, the following Resolution entitled: "Resolution No. 61-252 of the City Council of the City of Santa Aha declaring its intention to grant a franchise to California Gas Transmission Company, to install a pipeline for the transportation of gas within the City of Santa Ana" setting the date of hearing on December 4, 1961, was considered and passed by the followiB~ vote: Release Chamber of Commerce Proclamation "Operation Fire Alert!' Ayes, Councilmen Henry H. Schlueter, Bob Brewer, Royal E. Hubbard Noes, Counc41 men None Absent, Councilmen Dale H. Heinly, A.. A. Hall Mr. Frank J. Gelinas, Manager, Chamber of Commerce,presented a release prepared by the Chamber launching "O~eration Fire Alert", with reference to the fires which have spread throughout the canyons of the West Los Angeles area, and calling upon all citizens to be alert in preventing fires, and requested the Council to issue a Proclsmmtion designated "Operation Fire Alert". On motion of Councilman Brewer~ 314 Report from Planning Department:- Multi- story structures in urban community (Set hearing date) Proposed alley abandonment Cal Enterprises AppealAppl. No. 39 Paul G. Mast~ et al Variance Appl. No. 15~0 seconded by Schlueter and carried, the Vice Mayor was authorized to issue a Proclamation and copies ordered forwarded to all Cities in the County. Mrs. Ann Famularo, 2~22 South ~m~na, requested the Council to postpone action fol' two weeks, or until all Council members are present, on the adoption of the Ordinance repealing Ordinance No. NS-530 which established height limitations on buildings in certain areas. The Vice-Mayor explained that the Ordinance, if adopted, would not be effective for thirty days and the Planning Co~nission will hold a public hearing on this matter November 13, 1961. On motion of COuncilm~u Brewer, seconded by Schlueter and carried, the Clerk was instructed to publish a notice of public hearing, setting the date on November 20, 1961, to establish height limitations on buildings. On motion of Counci!man Brewer, seconded by Schlueter and carried, the report entitled "The Proper Place of M~lti-St~ry Structures in an Urban Community", from the Planning Department, was received and filed. Co~maunication was presented from the Planning Con~nission recom~aending approval of the proposed abandonment of the north and south -~ l ey in Block "F" South Santa An~, as requested by Cai Enterprises, who stated the abandonment was requested in orde~ to ~! low them to make full use of the land between the east line of Main Street a~d the west line of Cypress Avenue, as the ~!~ey does not now exist on the ground, has never been improved, and has never been used as an a]ley; said approval of the proposed vacation of the alley is made provided the owner, prior to approval of the vacation, agrees to certain provisions. Larry Golden, Civil Engineer, llO West First Street, representing Cai Enterprises, stated they are willing to give assurance that these lots will not be sold individ,,a~lly where an alley will be necessary and are agreeable to reverting this property to acreage. On motion of Councilman Brewer, seconded by Sohlueter and carried, action was continued until the next meeting. Appeal Application No. 39 ~f Paul G. Mast, George L. Moore, and A. L. Ramirez, was presented on Variance Application No. 1540, to establish a retail pharmacy ati 180~ North Broadway, in the "~" District, and do so with less than required off- street parking, or B6 parking spaces for the entire building, wherein Appellant appeals the denial of the Zoning Administrator. Attorney Paul G. Mast, 811 Nort~ Broadway, stated it was proposed to build a two-story office building prior to filing Variance Application No. 1540, and after the plans were completed and the matter approved by the Planning Department, the present owner of the property, Mr. A. L. Ramirez, ll41 West Pmrk Lane, indicated he was desirous of conducting a pharmacy in the proposed office building. ~r. Mast objected to the denial of the Variance Application by the Zoning A~m~uistrator for the reason this will noti be a commercial type pharmacy, but a professional pharmacy; this type of pharmacy should not require more parking spaces than other offices in the building, and the parking area allotted originally for the building would be sufficient. Mr. F. J. Parke, 2230 North Broadway, objected to the granting ~f this Variance as it would leave this area open to other com,,ercial type businesses, and a pharmacy is! established within 200 feet of the proposed building. ~r. George L. Moore, 122~ Ranchwood Road, Santa Aha, stated many of the ~octors have expressed a desire for a pharmacy of. this type in the area. Mrs. W. B. Treadwell, 1920 Victoria Drive, stated she favored the ~ffice building, but objected to the establishment of a pharmacy as it would Jeopardize their property. On motion of Councilman Brewer, 315 seconded by Schlueter and carried, the recommendation of the Zoning Administrator was approved, and Appeal Application No. 39, filed by Paul G. Mast, George L. Moor~, Appeal Appl. No. 40 Gerald R. Adler Variance Appl. No. 1542 and A. L. Ramirez denied. Appeal Application No. 40 of Gerald R. Adler was presented on Variance Application No. 1542 to construct a tw~-story, ~l-unit apart~ment building, plus one Manager unit, at lO17, lO21 and 1029 North Flower Street, in the R-2 District, wherein Appellant appeals Condition (2) that a six-foot solid block wall be constructed around the entire.project except the wa11 shall not exceed 4 feet in height from the required building line to the front property line. Attorney Ridley C. ~,!th~i 1022 North Flower Street, r~ues~e~l clarification of the ingress and egress of vehicles through the one driveway, and because of the high density of the area, 10 ~i or 15 feet of property should be taken from the east side of Flower Street for widening purposes due to the heavy traffic on Flower Street. Mr. Charles Cushm~ii 1014 North Parton Street, presented a communication signed by Oscar E. Resiow, 1022 North Parton Street, requesting the six-foot solid block fence be required, instea~ of wood fencing, and on motion of Counci)m~n Brewer, seconded by Schlueter and carried, the communication was received and filed. Mr. Charles Cush,~n, 1014 North Parton Street, stated if the woodfence is permitted his property wouldhave three kinds of fencing and would be a detriment to his property. On motion of Counc!~man Brewer, seconded by Schlueter and carried, the recommendation of the Zoning A~m~nistrator was approved, and Appeal Application No. 40 filed by Gerald Appeal Appl. No. 41 Albert P. Kelso, et ux (Reso. No. 61-253 Granting Appeal) R. Adler, denied. Councilman Heinly arrived at 8:BO P.M. Appeal Application No. 41 of Albert P. and Lorraine S. Kelso was presented on Variance Application No.~ 1539, to build eight one-bedroom units with less than re- quired lot area per unit, and less than required off-street parking, on property fm~ediately south of 1129 South Pacific Avenue, in the R-3 District, wherein Appellant appeals the denial of the Zoning Administrator. Attorney Bruce ~mner, 1016 North Broadway, representing Mr. and Mrs. Kelso, stated the property is part of a large parcel owned by the Appellants and requested approval to construct an apartment building to contain eight one-bedroom units, with nine parking spaces, as the area is an apartment area and if the request is denied, the Appellants would be prevented from developing this particular property. Mr. S~mmer presented a statement signed by Mr. and Mrs. Kelso, setting forth their reasons for this type of construction. On motion of Councilman Brewer, seconded by Schlueter and carried, the statement was received and filed. The Council having unanimously weived the reading of the Resolution, on motion of Councilman Heialy, seconded by Schlueter and carried, the following Resolution entitled: Appeal Appl. No. 42 H. A. Paskett et ux Variance Apol. No. 1545 Reso. ~o. ~'~254 ~ranting Variance) "Resolution No; 61-253 granting Variance No. 1539 on Appeal Application No. 41 filed by Albert P. and Lorraine S. Kelso after the Planning Commission had denied a Variance" was considered and passed by the following vote: Ayes, Councils- Henry R. Schlueter, Dele H. Heiuly, Bob Brewer, Royal E. Hubbard Noes, Councilmen None Absent, Counc~!men A.A. Hall Appeal Application No. 42 of H. A. and Rose E. Paskett was presented on Variance Application No. 1545 to allow construction of a five-unit apartment building, in addition to a single family dwelling, at 1931 West Washington Avenue, in the R-2 District, wherein Appellant appeals the denial of the Zoning Administrator. 316 C:~nditional Use Permit No. 73 - H.T.Gutsch Communication Robert E. Winbigler Variance Appl.No.1520 (signs) Appeal Appl. No. 38 Variance Appl. No. 1536 Manuel G. Saucedo ~/~ Preliminary Record of Survey Map No. 224 Calvary Lutheran Church Mr. Paskett stated he had observed that between English and Bristol Streets, there are ~ eight two-story apartment buildings~ and on College Avenue there are four two-story buildings and presented six photographs of properties in the area. On motion of Counc~lma~ Heinly, seconded by Brewer and carried, the photographs were received and filed. Mr. Paskett further ~tated that the lot siz~ i~ 18,O~6 aquare feet, which would allow slightly over 3000 square feet per uni~ and the large lots on the north side of i ~ Washington Avenue east to College Avenue were subdivided several years ago and used for sma1.1 agricultural projects which use is outmloded today with the neighborhood so densel~ populated. Also, the proposed height of the building would be approximately 25 feet and Shis is permitted in the R-2 zone, and the size of the lot affords the number of units requested. The Council ~-ving unanimously waived the reading of the Resolution, on motion of Councilman Heinly, seconded by Schlueter and carried, the following Resolution entitled: "Resolution No. 61-254 granting Variance No. 1545 on Appeal Application No. 42 filed by H. A. and Rose E. Pask~tt where Zoning Administrator denied Variance as applied for but granted Variance with modifications" was considered and passed by the following vote: Ayes,' Councilmen Henry H. Schlueter, Dele H. Heinly, Royal E. Hubbard Noes, Councilmen Bob Brewer Absent, Councilmen A.A. Eall On motion of Couacilmau Brewer, seconded by Heinly and carried, action w~s continued until the next m~e~ing on Conditional Use Permit No. 7~, filed by H. L. Gutsch, to establish a trailer park at 600 South Sullivan Street, in the R-3 District, wherein the Planning Commission has determined to refer said Conditional Use Permit to the Council ~ as of special interest to the City. Comm~uication was presented from Robert E. Winbigler requesting clarification regarding. the erection of two ground signs for the Winbigler Mortuary and the ~fission Flower Shop~ under construction at 801 North Grand Avenue, in the R-B District, approved by the planning Commission under Variance Application No. 1520. On motion of Councilman Hein~y, seconded by Schlueter and carried, the matter was taken off calendar and the communicat~ on received and filed. Communication was presented from Mr. and Mrs. Manuel Saucedo requesting reconsideration of denial by the Council at meeting held October 2, 1961, of Variance Application No. 1536, filed by Manuel G. Saucedo, to convert a family recreation building into a ~ bachelor apartment, on property at 1618 West Fourth Street, in the C-1 District. On motion of Couacilrm-u Heinly, seconded by Brewer and carried, action was continued until ~ the next meeting and the Planning Department instructed to notify all persons in the area that Variance Application No. 1536 will be reconsidered at that time. Communication was presented from the Planning Department recommending approval of Pre- limiuary Record of Survey Map No. 224, filed by Calvary Lutheran Church, creating two parcels located at the northeast corner of Sugar Avenue and Verano Street, subject to conditions. Reverend Hillard J. Weiss, 9571 M~nsor Avenue, Garden Grove, requested consideration of condition No. 2 that an alley be constructed along the west, north and east lines of the most westerly parcel involved as a 6-foot block wall fence will be erected on both sides of the property which would r~le out the requirement of the alley? On motion of Counc~lm~n Heinly, seconded by Schlueter and carried, action was continuedi ~-~, until the next meeting and the matter referred to the Attorney for an opiniom on~ .~ the legal questions raised. 317 Preliminary ~ecord Commmuuication was presented from the Planning Department recommending denial of of Survey Map No. 221 Paul Ditzler Preliminary Record of Survey Map No. 221, filed by Paul Ditzler, creating two 'I parcels located on the north side of Grace Street approxfm~tely l~twest of Linwo°d Avenue. Mr. F. L. Gibbs, 507 East Chestnut Avenue, objected to the requirements of the alleys. Mr. Keith Johnson, condition as to the requirements of 1110 North Linwood Avenue, requested that the the alleys be upheld and the property be rezon$ to the R-4 District. ~ha~ther, there are seven apartment units on Grace Street an~ Tentative Tract Map No. C. Roland Flagg, J.N.Galbraith et al additional apartments would increase traffic and depreciate the value of the surrounding properties. On motion of Councilman Heiuiy, seconded by Schlueter an~ carried, action was continued until the next meeting and the matter referred to the Attorney for a legal opinion. Communication was presented from the Planning Department recommending approval of Tentative Tract Map No. ~J~42 filed by C. Roland Flagg and J. N. C~lbraith, et creating 17 lots located general l y on the south side of Edinger Street, approximate~y 818 feet west of Bristol Street, subject to conditions. Mr. Jack N. Hall, Civil Engineer, B15 west 8th Street, representing Messrs. C. Roland Flagg and J. N. Galbraith, objected to the following conditions: Condition No. 3: That a five foot private drainage easement be placed along the west line of Lot 2 in order to pre- ., vide drainage for Lot 1. Further, a five 5 foot drainage easement be placed along the south line of LOt 24 to drain the area immediately east of Lots 18 through 24; Condition No. 12: That the existing water well within the proposed right of way for Edinger Avenue be abandoned and capped to City requirements unless otherwise determined by the Director of Public Works; Conditions No. 14: That the owner pay a drainage assessment fee of not more than $1,000.00 per acre; Condition No. 16: That an alley be'provided along the west and south line of Lot 1 if said lot is: (a) eve~ used for multiple family structures of four or more units, (b) ever used for con~nercial or business purposes, and Condition No. 17: That eccess from Lots 1 and Tentative Tract Map No. 4450 Shareholder Properties,Inc. 18 to Edinger Avenue shell be limited to Pacific Street and the alley along the wes~ line of Lot 1. No other drive~ay~ shall be permitted nor existing driveways ~1', allowed onto Edi~ger Avenue. At the request and consent of Mr. Hall, and on i! motion of Comlci'lm,an Heiuiy, seconded by Sch.l.uoter and can,'ied, action was continue~ until the next meeting. On motion of Councilman Heinly, seconded by Schlueter and carried, Tentative Tract Map No. 4450 filed by Shareholder ~P~?p~rties, Inc., creating 17 parcels located at the southwest corner of St. Gertrude Place and Grand Avenue, s~bJect to conditions, Preliminary Record of Survey Map No. 226 Allison Honer Co. Communication Hall~ Haynes & Assoc. Tentative Tract Map No. 4402 Henry C. Cox was taken off calendar. On motion of Councilman Neinly, seconded by Brewer and carried, Preliminary Record of Sur~ey Map No. 226 filed by Allison Honer Cc~apany, creating three lots located generally on the north side of Buffalo Avenue Just east of Freeman Street, was approved subject to conditions. Communication was presented from Hall, Haynes and ~sociates, reference Tentative Tract Map No. 4402, filed by Henry C. Cox, creating 459 lots located at the southea~ and sout~st corners of Glenwood Place and Raitt Street, subject to conditions, approved by the Council, October 2, 1961, and requesting that Condition (12) regard- ing Secrest Way ("P" Circle) be changed to read "and Secrest Way ('P' Circle) be extended westerly to outlet at Artesia Street", ' On recommendation of the Department of Public Works and on motion of Councilman Heialy, seconded by Schlueter and carrieS, the request was granted. 318 Agreement State ~ept. of Finance Population estimate On motion of Councflm-u Heinly, seconded by Schlueter and carried, proper official~ w~re authorized to execute an agreement dated November 6, 1961, with the State of California, Department of Finance, providing for the preparation of a population Reso. No. 61-255 ^uthorize execution of Agreement with State Department of Finance (Population Estimate) estimate; costs to be paid by the City for the performance of the ~ervice. The Council having unanimously waived the reading of the Resolution, on motion of Councflm~n Neinly, seconded by Schlueter and carried, the following Resolution entitled: "Resolution No. 61-255 authorizing execution of Agreement with the State Department of Finance for population estimate" was considered and passed by the following vote: Escrow Instructions Ayes, Councilmen Henry H. Schlueter, Dele H. Neinly, Bob Brewer, Royal E. Hubbard Noes · Counc'~ ]~en None Absent, Counc~ ~en A.A.Hall It was moved by Councilman Heinly, seconded by Brewer and carried, that escrow in- structions be approved and signed for certain properties and with the following persons: Revised /Escrow Instructions No. 46689-C, dated October 19, 1961, with Clara E. Vose, for street easement on the west side of Bristol Street, south of Memory Lane, in the sum of $8,625.00~ Escrow Instructions No. 46760-C, dated October 17, 1961, with Dora Wulfestieg, for real property on the north side of Sixth Street, east of Flower Street, in the Civic Center site, in the sum of $16,280.O0; Revised Escrow Instructions No. 46761-C, dated September 28, 1961, with Rena M. Fryatt, Mary Evangeline Hager, and MarJorie Lucille Shenton, for real property on the northwest corner of Sixth and Parton Streets, in the Civic Center site, in the sum of $20, B00.00; and Reso. No. 61-256 Accept ~eeds Clara E. Vose, Dora Wulfestieg et al Escrow Instructions No. 46814-C, dated October 11, 1961, with Clara Rill, for real property on the west side of Garnsey Street· north of Sixth Street, in the Civic Center site, in the sum of $12,400.00. The Council having unanimously waived the reading of the Resolution, on motion of Councilm~u Heinly, seconded by Brewer and carried, the following Resolution entitled: "Resolution No. 61-256 accepting deeds where the City is paying a cash consideration" from Clara E. Vose and Clara Edith Vose, conveying a street easement On the west side of Bristol Street, south of Memory Lane, in the s~n of $8,625.00; from Dora Wulfestieg conveying a parcel of real property on the north side of Sixth Street, east of Flower Street, in the Civic Center site, in the sum of $16,280.00; from Rena M. Fryatt, Mary Evangeline Hager, who acquired title as Mary Evangeline Fryat~, and MarJorie Lucille Shenton, who acquired title as Marj0rie Lucille Fryatt, con- veying a parcel of real property on the northwest corner of Sixth and Parton Streets, in the Civic Center site, in the sum of $20,B00.00; and from Clara Hill conveying a parcel of real property on the west side of Garnsey Street, north of Sixth Stree$, in the Civic Center site, in the sum of $12,400.00, was considered and passed by the following vote: Reso. No. 61-257 Accept Deed Paul J. Toberty et ux Ayes, Councilmen Henry H. Schlueter, Dale H. Heinly, Bob Brewer, Royal E. Hubbard Noes, Councilmen None Absent Councilmen A.A. Hall The Council having unanimously waived the x~ading of the Resolution, on motion of Councilman Heinly, seconded by Brewer and carried, the following Resolution entitlSd: "Resolution No. 61-257 accepting deed where the City is paying no cash consideration" from Paul J. and Joyce K. Toberty, conveying street easements on the northwest il corner of Memory Lane and Flower Street, was considered and passed by the followin~ vote: 319 ' Ayes, Councilmen Henry H. Schlueter, Dale H. Heinly, Rose. No. 61-258 Authorize execution Quitclaim Deed Henry T. Segerstrom et ux Bob BreWer, Royal E. Hubbard Noes, Counci~ m~n None Absent, Councilmen A.A. Hall The Council having unanimously waived the reading of the Resolution, on motion of Councilm~ Heinly, seconded by Brewer~ and carried, the following Resolution entitled: "Resolution No. 61-258 authorizing execution of Quitclaim Deed by the City of Santa Ana" to Henry T. Segerstrom, Yvonne deC. Segerstr~, Anton H. Segerstrom, Nellie Ruth Segerstrom, Harold T. Segerstrom, Veronica P. Sagerstrcm, Harold T. Segerstrom, Jr.~ and Jeannette E. Segerstr~n, all vehicular access rights on the south side of Warne Avenue, west of Sugar Avenue, and the City has granted the requested driveway locations across said area, was considered and passed by the following vote: Ordinance Relating to Sales and Use Tax Ayes, Councilmen Henry H. Schlueter, Dale H. Neinly, Bob Brewer, Royal E. Hubbard Noes, Counc~ 1men None Absent, Councilmen A.A.Eall On motion of Coll~c~lman Heinly, seconded by Brewer and carried, the following Ordinance entitled: "Ordinance to amend the Santa Aua Municipal Code by amending Sections 2~23 (a) (2), 2424(b) (2) and 2424 (b) (3) (ii), by renumbering Section 2423 (b) (4) (iii) mud by repealing Sections 2~21 (e) and 2~23 (b) (4) (iii) relating to Sales and Use Tax" Ordinance No. NS-545 Reference Business License Ordinance and penal provisions was introduced, considered and placed on file for second reading. The Council having unanimously waived the reading of the Ordinance, on motion of Councilman Heinly, seconded by Brewer and carried, the following Ordinance entitled~ "Ordinance No. NS-545 amending Section 6200.55.A and repealing Section 9378 of the Santa Aha Municipal Code" amending Section 6101 of the Municipal Code "License Fees Imposed", amending Sectio~ 6118 of the Municipal Code "Police Officers to Report!', amending Section 6200.55.A of the Municipal Code "Subdivision of ~nd~, and repealing Sections 6115, 6119, 612] and 9378 of the M~Anicipal Code, was considered and passed by the following vote: Ordinance No. NS-546 Section 8305 %o pro- Mideaddition to Administrative Electrical Code Ordinance repealing Ordinance No. Ns-sBo Establishing height Limitations on build- ings in certain areas Ordinance regulating food vending and delivery trucks and wagons ~ ~ Communications League of California Cities, Board of Supervisors~ et al Ayes, Councilmen Henry H. Schlueter, Dale H. Heinly, Bob Brewer, Royal E. Hubbard Noes, Councilmen None Absent, Counct 1men A.A.Ma]i The Council hav~g unanimously waived the reading of the Ordinance, on motion of Counctlm,n Heinly, seconded by Brewer and carried, the following Ordinance entitled!i "Ordinance No. NS-5~ enacting Section 8305 of Chapter 3, Article VIII of the Santa AnaMunicipal Code to provide an addition to the Administrative Electrical Code, known as 'Orange County Administrative Electrical Code of 1959', adopted by Ordinance No. NS-493" was considered and passed by the following vote: Ayes, Councilmen Noes, Councilmen Absent, Counc ~ ~ men Henry H. Schlueter, Dale H. Heinly, Bob Brewer, Royal E. Hubbard None A. A. Hall On motion of Councilman Heinly, seconded by Brewer and carried, action was continue~ until the next meeting on the Ordinance repealing Or~t-a~uce No. NS-530 which es- tablished height limitations on buildings in certain areas. On motion of Councilman Heinly, seconded by Brewer and carried, action was continue~ until the next meeting on the Ordinance regulating the operation of food vending and delivery trucks and wagons. On motion of Councilman Brewer, seconded by Heialy and carried, the following corn- munications were received, filed and where applicable referred to the proper Department: From the League of California Cities, with proposed Ordinances, reference the amendment of local sales and use tax Ordinances a~m4nistered by the State Board of Eque!ization purs!~ant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Revenue and Taxation Code, Sections 7200 to 7209), From the Board of Supervisors enclosing Minute Order of October 31, 1961, and copies of letters from the County Assessor and the County Counsel, regarding the proposed tax relief for fall-out shelters, which were received, filed and the Clerk instructed to forward copies of said reports to each City in the County, From the City of Westminster enclosing copy of Resolution No. 362, adopted October 16, 1961, urging tax relief as to fall-out shelters, From the City of Westminster enclosing copy of Resolution No~ 361, adopted bet ~6, 1961, urging enforcement for the inst~llation of water meters, From the Orange County Water District submitting copy of letter from the PreSident, State Public Utilities Commission, stating the Commission will persist il its efforts to see that water services in Orange County are metered, From the City of Buena Park enclosing Resolution No. 15~4, adopted October 10, 1961, urging the continued efforts of the Public Utilities C~mm~ssion to compel ~#~.~installation of water meters in Orange County, From }{rs. B. Ellwo~ Lindley, 2024 Victoria Drive, protesting higher than twor ~story buildings a~Jacent to a residential area, From Doxander P. Leonard, 1103 Memory ~e, submitting an assessor's map and requesting pre-zoning of property designated "Parcel 9", located on Memory near the Freeway, Fro~ Thos. C. Ridgway, Jr., Los Angeles, stating he is the prospective pur- chaser of the Do~-4er P. Leonard property on Memory Lane, and if the property can be properly pre-zoned and annexed to the City, it is intended to develop a bungalow apartment development s~mflar to that adjacent to it, known as the Hana Kiki Apart-i merits, Telegram from Mrs. Harold L. Bearden, 12~7 South Kelson Street, urging the Council to oppose any new construction of the Municipal Bowl, Fro~ the Diamond Ice Company, 1106 East First Street, opposing the plan to construct an underpass on East First Street, From Frank N. Seal, owner of property at 1058-60 East First Street, operating as the Advertising Arts Building, and requesting early decision reference the pro- posed development on East First Street covering the underpass or the overhead, and stating preference for no changes due to a group of tenants or lessees with a time element from one to eight years, From Richard H. Lawrence, 2109 North Valencia Street, with four signatures, requesting a further amendment of Municipal Code Section 4270, as follows: "This amendment covers noise frc~ one or more band or orchestra instruments when not g#~/~playing for ~ances or entertainment in prescribed places for those purposes", and stating the health of persons living in residential areas were not only endangered, l but also injured by the noise from musical instr~sents, From J. A. Merritt, Owner, Mobile VacuamRepair Shop, Long Beach, enclosing a description of his business currently operating mobile units in the City, and re- ~ .~questing a change in the license fee of $5.00 per day per unit, to $50.00 per unit *each year, From the Harry F. Coleman Garage, 211 East First Street, requesting assistancei in stepping the dirty water, oil, paint and refuse being washed from the Earl Schei~ ./.Paint Shop, 301 East First Street, across the sidewalk into the gutter and then ~x~-flowing in front of his place of business, From Archie Nowe, 1224 Orange Avenue, enclosing statements in the amount of $1~.59 each, and pos~rked ten days apart, from the Water Division, and protesting! ~/~/~ the amounts charged for water for a two-roam house with two residents, From M~s. R. F. Parker, 18181 Beneta Way, Tustin, stating approval of stand o~i g#~/~.' non-observance of United Nations Day and for the proclamation of United States Day, i! From Mrs. John K. Br~Wn, 1600 - 20th Street, San Pedro, stating regrets at the::i ~#J4rescinding of the United Nations Day Proclamation, ~, From the Director of Finance, submitting the Financial Report for fiscal year ending June 30, 1961, datedMinuteSoctober°f20,the1961,177th Meeting of the Orange County Mosquito Abatement District,ilil Application of the State Public Utilities Comaission in the matter of the investigation on the Co~ission's own motion concerning the proper treatment for rate-making purposes, to be accorded accelerated amortization and accelerated depr~b ciation, Application of the State Public Utilities C~ission giving Notice of ProcedUr~ !i!~'to be used at hearing in the matter of investigation to establish a 196~ list of railroad grade crossings of city streets or county roads most urgently in need of I~ 321 separation, etc. and setting Los Angeles hearings for October 24th, 25th, and 26th and San Francisco hearings for October 31, November 1 and November 2, Application Pacific ]~lectric Railway Co. (Spur track across Talbert Road) Notification of the Department of Alcoholic Beverage Control Applicati~s of Harry F. and Ida V. Meyer, 615 West Fourth Street~ Frank Puglisi, 2229 West First Street& Fred Walker's Market, Incorporated, 1722 North Tustin Avenue~ Manuel Eo Herdade, 2539 ~qouth Main Street~ George E. and Kathryn M. Mellon, 2534 West West- minster Avenue~ Cruz G. and Ruth A. Barrios, 511 North Harbor Boulevard; Frank L. and Georgia R. Phillips, 1659 East First Street; Christa H. and Stanley Bovetz, 225!! North Harbor Boulevard; and Fred M. and Thelma R. Menefee, 200 North Harbor Boule- vard,,and: Report from Mrs. I~uie Boer, 912 North Lowell Street, giving facts and figuresi! to enable the Council to make a full-scale st~ of the cost and feasibility of novating the existingBowl at the same time a survey is made of the new site. On motion of Councilman Brewer, seconded by Schlueter and carried, action was con- tinued until the next mseting on the communication from the Pacific Electric Railwa~ Ccmpany enclosing application for a permit for a period of 21 years, to construct a~ spur track across Ts&bert Road, in the vicinity of proposed Fairview Street, to serve the R. C. Can Company, for the handling of freight cars with two train move- Co~unication Department Public Works ( PacificElectric Ry. Co. Spur track ~cross Talbert Ro~d) Communication Los Angeles Memorial Coliseum Commission (Support "Mercy Week'1 mants per day over the track. motion of Councilman Brewer, seconded by Schlueter and carried, action was con- tinued until the next meeting on the co~mmnication from the Department of Public Works approving the request of the Pacific Electric Railway Company for a permit for a period of 21 years, to construct a spur track across Talbert Road, in the vicinity of proposed Fairview Street, to serve the R.C.Can Company, for the handli~ of freight cars with two train movements per day over the track. On motion of Councilmen Reinly, seconded by Brewer and carried, the cemmunication was received and filed, from the LOs Angeles Memorial Colise~ Com~aission/requesting Mayors and Chairman of 'i all Boards of Supervisors in California to introduce a Resolution asking that the %961, as "Mercy Week", and November Z~as ~!~ercy Day", ~ference T~e Mercy Bowl Game sponsored by California State Polytechnic College, with proceeds deposited to the Cai Poly Students' Memorial Fund Committee to aid the families of the football players of their school at San Luis Obispo, who were victims of an airplane crash :Reso. No. 61-259 Designate Nov.19 to i125,1961 as ~'Mercy Week" Sale of surplus equipment in Toledo, October 29, 1961. The Council having unanimously wa%ved the reading of the Resolution, on motion of Councilman Heinly, seconded by Brewer and carried, the following Resolution entitled "Resolution No. 61-259 asking the residents and organizations of the Co~unity to support the week of November 19 to 25 as 'Mercy Week' and November 23 as 'Mercy Day'" was considered and passed by the following vote: Ayes, Councilmen Noes, Councilmen Absent, Councilmen On motion Henry H. Schlueter, Dale N. Heinly Bob Brewer, Royal E. Hubbard None A.A.Eall of Council man Brewer, seconded by Heinly and carried, the request of the Director of Finance was approved to declare as surplus the following described e~uip- ment: 1 Model ~300 Burroughs Accounting Machine 1 Model ~4OO Burroughs Accounting Machine 1 Model ~100 Burroughs Accounting Machine 2 desks and stands for Burroughs Accounting Machines 1 Stand for Burroughs Accounting Machine 1 Graphotype Machine 1 Addressograph Machine Class ~1700 1 Addressograph Machine Class ~1900 1 Auxiliary Automatic Feed for Class ~1900 Addressograph Machine 1 Addressograph Plate Cabinet with Stand-30 drawers with plates and frames 2 Addressograph Plate Cabinets - 133 drawers each with plates and frames and authorization granted to dispose of same by sale on an "as is" basis; and the Purchasing Agent instructed to advertise amd fix ,the ~ate of sale. Set hearing date - establish drainage fees On recommendation of the Manager, and on motion of Councilman Brewer, seconded by Heinly and carried, the Clerk was instructed to publish a notice of hearing on the matter of the adoption of an Ordinance establishing drainage fee~ within the City; setting the date of hearing on November 20, _1961. Appointment On motion of Councilman Heinly, .seconded by Brewer and carried, action was continue~ Architectural and Engineering services; until the next meeting on the oral request of the Manager for consideration of pro- Municipal Stadium ~Y/.: d~ cedure for appointment of Architectural and Engineering services regarding the Instructions to City Manager (Custodial charges involving prisoners) construction of a Municipal Stadium. On motion of Councilm~ Brewer, seconded by Schlueter and carried, the Manager was instructed to make payment to the County Sheriff's Department as has been done in the past, regarding the bill presented to the City for custodial charges involving Instructions to City Manager (Vehicle Par~ing District No. 1) prisoners arrested under City Ordinance provisions. On motion of Coumcilm~ Hein~y, seconded by Brewer and carried, the Manager was instructed to make a recommendation to the Council regarding the possible sale of the present Vehicle Parking District lot and the acquisition of an equivalent Release bond Tract No. 2511 parking lot. On recCmmeadation of the Department of Public WorkS, 'and on motion of Councilman Heinly, seconded by Schlueter and carried, bond in the sum of $265,000.00, filed by Action Engineering Company, for the improvements on property located fmmediately west of the Federal Con~nunications Commission Building, south of Edim~er Street and' north of Harvard Street, consisting of approztm~tely 46 acres, or 190 lots, in Trac~ Approve payment A end D Const. Inc. Crew 'and Dispatching Building~ ~ No. 3533, was ordered released and improvements accepted as completed. On motion of Councilman Heinly, seconded by Schlueter and carried, the request of the Department of Public Works was ~pp~ved f~oxtra work performed by the A and D Construction, Inc., necessitated at the Crew and Dispatching Building, to connect to existing gas line located elsewbere than shown on the plans, as follows: Installation of extra plumbing piping $133.27; additional paving $49.50; and paint- ing of interior metal grille and warehouse roof overhang $105.05, in the total Approve payment Paul Toberty Paving Memory Lane at Flower Street amount of On motion of Councll~e~ Heinly, seconded by Schlueter and carried, the request of the Department of Public Works was a~mrOVed for payment to Paul Toberty, in the sum of $1,840.00, to cover the cost of paving Memory l~ne at Flower Street, in return for dedicating necessary right-of-way for the ulttm~te width of Memory Lane and the Approve Payment Griffith Company Construct Fifth Street Project No. 123 cons truction of curb and gutter along Memory ~ne. On motion of Councilman Heinly, seconded by Schlueter and carried, the request of the Department of Public Works was approved for payment to Griffith Company, in the sum of $172.66, for extra work to remove the aggregate base and over-excavate 12 inches between stations 2~60 and ~412, on a time and material basis, due to waterline bremk fleoding the area, in the construction of Fifth Street, from Harbor Boulevard to the Santa Ana River, Project No. 123; Pacific Water Company to be billed for this Plans and Specifications Advertise for bids Construct Camille Street btn Corta Drive and Andres Place; Project C-65 On motion of Councilm~n Heialy, seconded by Schlueter and carried, the request of the Department of Public Works was granted, the plans and specifications approved, and the Purchasing Agent authorized to advertise for bids, for the construction of Camille Street between Corta Drive and Andres Place, Project C-65; bids to be opened Plans and Specifications Miden Grand Avenue btn 17th St. and Santa Clara Ave.; Project 127 December ~, 1961. On motion of Councilm-n Heinly, seconded by Schlueter and carried, the request of the Department of Public Works was granted and the plans and specifications approv~l for the widening of Grand Avenue between Seventeenth Street and Santa Clara Avenue~ Project No. 127; permission to advertise for bidm will be requested after approval of the plans and specifications by the State. 323 Application to Solicit Funds Request Jack Rouse & Son (Auction) Claim for Injuries ~ ?~ On motion of Colmc51ma~ Heinly, seconded by Schlueter and carried, the application of Disabled ~merican Veterans, Jack Fisher Chapter 23, Inc., was granted to solicit funds November Brd and 4th, 1961, through the sale of Forget-me-not flowers during their annual fund-raising project. On motion of Counc~lm~An Heinly, seconded by Schlueter and carried, the request of Jack Rouse & Son was granted to conduct an auction on the assets of Scotco DisplayS, Inc., lll9 East Chestnut Avenue, on November 19, 1961. On motion of Counc~lme~ Brewer, seconded by .Heinly · and carried, the claim of James Leroy Brockman, 2604 West 9th Street, for alleged personal injuries and ~mag~s due to collison with a Police car at the intersection of West ~irst and King Street~, in the sma of $733.82 for property ~aw~ge and $~,500.00 for personal injuries, including special and general damages, was referred to the City Attorney and Appoint~ment Personnel Board Insurance Carrier. On motion of Counci!m~ Heinly, seconded by Brewer and carried, action was again postponed to the next meeting on one appointment to be made on the Personnel Board Reso. No. 61-260 Establish two-hour Parking No.side 8th St. btn Ross and Parton Streets (United Title Guaranty Co.) to fill the unexpired term of Sam Lyons; term to expire July 1, 196k. The Council having unanimously waived the reading of the Resolution, on motion of Counc~lman Heinly, seconded by Schlueter and carried, the following Resolution entitled: "Resolution No. 61-260 delineating Central Traffic District 'B"" establishing two-h~ur Parking on the north side of Eighth Street between Ross and Parton Streets, reference request of United Title Guaranty Company, was considered and passed by the following vote: Reso. No. 61-261 Establish No 'Parking Zones First and Evergreen Sts. (Ed Munselle ) Ayes, Councilmen Henry H. Schlueter, Dale H. Heinly, Royal E. Hubbard Noes, Councilmen Bob Brewer Absent, Councilmen A, A. Hall The Council having unanimously waived the reading of the Resolution, on motion of Councilman Heinly, seconded by Schlueter and carried, the following ~t~solution entitled: "Resolution No. 61-261 concerning parking limitations and curb markin$in accordance therewith" establishing No Parking Zones on the south side of First Street between Evergreen and Cedar Streets and on the south side of FirSt Street between Evergreen and Minni. Streets, reference verbal request of Ed Munselle, was considered and Passed by the Reso. No. 61-262 Remove Stop signs on Edinger St. at Greenville Street following vote: Ayes, Councilmen Henry H. Schlueter, Dale H. Heinly Royal E. Hubbard Noes, Counci!m~n Bob Brewer Absent, Councflmen A.A.Eall The Council having unanimously waived the reading of the Resolution, on motion of Councilman Heinly, seconded by Schlueter and carried, the following Resolution entitled: "Resolution No. 61-262 concerning parking limitations and curb markings in accordance therewith" '.~ repealing Resolution No. 59-110, adopted May 4, 1959, ordering traffic on Edinger Street to atop at Greenville Street, and removing stop signs, as recommended by the!', Department of Public Works, was considered and passed by the following vote: Ayes, Councilm~n Noes, Councilmen Absent, Counc41 men Henry H. Schlueter, Dale H. Heinly Royal E. Hubbard Bob Brewer A.A.Hall Reso. No. 61-263 Establish No Parking Zones on Eighth Street and Fruit Street (D.N.Kel~y) ~/~ Letter to President and District Manager Sou. Calif. Edison Co. Reso. No. 61-264 Establish No Parking Zones on Glenwood St. (John Adams School P.T.A.) ~/~ Petition Mrs. James M. Seman, et al Reference use of Mabury Street as truck route Close Young Street Aeronutronic Division Ford M~tor Company Request Mrs. V.M. Snow (traffic signal) Request. Robert Schram (freight loading zone) f.N/,f The Council having unanimously waived the reading of the Resolution, on motion of ~i Councilman Heinly, seconded by Schlueter and carried, the following Resolution entitled: "Resolution No. 61-263 concerning parking limitations and curb markings in accordance therewith" establishing No Parking zones on the north side of Fruit Street between the east curb line of Terminal Street and Eastwood Avenue, and on the north side of Eighth Street between Riverine and Birch Streets, to provide vision clearance zones for pedestrian crosswalks, reference request of D. N. Kelly, Orange County Safety Engineer, was considered and passed by the following vote: Ayes, Councilmen Henry H. Schlueter, D~le H. Heinly, Royal E. Hubbard Noes, Councf]men Bob Brewer Absent, Councilmen A.A.Hall On motion of Councilm~n Brewer, seconded by Sohlueter and carried, the Clerk was instructed to forward a letter of co~ndation to Mr. J. K. Horton, President, and Mr. Joseph Long, District Manager, Southern California Edison Company, expressing the appreciation of the City Council for the advertisement which appeared in the August 31, 1961 issue of the Wall Street Journal, regarding the City's industrial development. The Council having unanimously waived the reading of the Resolution, on motion of Councilman ~e~nly, seconded by Brewer and carried, the following Resolution entitle~: "Resolution No. 61-26~ concerning parking limitations and curb markings in accordance therewith" establishing No Parking zones on the north side of Glenwood Street between Harvar~ ~ Street and the east curb line of Center Street, to provide crosswalk sight clearance, reference request of John Adams School P.T.A., was considered and passed by the following vote: Ayes, Councilmen Nos s, Councilmen Absent, Councilmen Henry H. Schlueter, Dale H. Heinly, Bob Brewer, Royal E. Hubbard None A. A. Nail On reconm~ndation of the Manager and on motion of Councllm-n Neinly, seconded by Schlueter and carrled, thepetitiom of Mr. and Mrs. James M. Seman, 1646 East Wash- lngton Avenue, with 31 signatures, was received and filed, protesting the use of North Mabury Street, between East 17th and East Fourth Streets, as a truck route, and requesting stop signs at the intersections of East Fruit Street, East Washington Avenue and East 15th Street, or a traffic device to control the major motoring traffic. On motion of Councl]man Heinly, seconded by Brewer and carried, the Manager was authorized to permit Aeronutronle Division Ford Motor Company to close Young Street. at the line as sho%a% on the drawing submitted, as long as required for the purpose 6f National defense, on condition that a Guard be maintained at the gate at all times. On motion of Councilman Heinly, seconded by Scblueter and carried, the request of Mrs. V.M. Snow, 1306 West Willits Street, was denied for a traffic signal at Bristol and Bishop/Willits Street r~ther than Bristol Street and Richland Avenue, and the conmnmication ordered filed. On motion of Councilman Heinly, seconded by Schlueter and carried, the request of Robert Schram, O?Neil's Television Service, 624 South Main Street, was denied for a freight loading zone on the south side of Camile Street near Main Street, and the 325 Vi~e,~Ma~ '~ 1~he City oi~ ~a Aha communication ordered filed. On motion of Counci~mn He~l.y, seconded by Schlueter and can'ied, the City Counci adjourned. Clerk Of the Council