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HomeMy WebLinkAbout11-04-1963 (2)MINIFfEs OF Tn REGULAR M~'I'ING OF T~IE CITY COUNCIL OF TP~ CITY OF SANTA ANA, CALIFORNIA November ~, 1963 The meeting was called to order at 7:33 p.m. in the Council Chambers, 217 North Main Street. Roll call was answered by Councilmen Royal E. Hubbard, Harry Ho Harvey, James Gilmore, Henry H. Schlueter, and Mayor A. Allen Hall. Following the Pledge of Allegiance to the Flag, the Invocation was delivered by the Reverend Jack Pettigrew, First Christian Church. APPROVAL 0FMINUTES 0n motion of Couucilman Hubbard, seconded by Councl]m-n Harvey and carried, the City Council approved as mailed the Minutes of the Regular Meetings of October 7 and October 21, 1963 and the Special ~eeting of October 30, 1R63. CERTIFICATE OF APPRECIATION Vice-Mayor Hubbard presented a Certificate of Appreciation to Philip J. Reilly for his service on the Planning Commission. BID AWAPJ) - RECONSTRUCTION Councilman Gilmore asked that he be OF TOWNER & GA~NSE"~ disqualified from discussion and action in the following matter because of a conflict of interest, and left the Council Chamber. The City ~n~ger submitted a report of bids received for reconstruction of Towner Street from Eighth Street to approxfm-tely 300 feet north (Project C-95); and Garnsey Street from St. Andrews Street to approE~m-tely 300 feet south (Project C-96). It was moved by Councilman Hubbard, seconded by Councilm-u Harvey and carried that the report be received and ordered filed, that the contract be awarded to Industrial Contracting Company at unit prices bid, and .all other bids be rejected. ~%~BID AWARD SIGNAL Counci]m~n O~]~ore returned to the Council PROJECT T-~ table. 0~ motion of Councilm-n Hubbard, seconded by Cou~ci~m-n Schlueter and carried, Co~mcil received and ordered filed a report of bids received for the installation of traffic signals and lighting systems at Edinger and Raitt, Warner and Raitt, Bolsa and Newhope, aud Broadway and Tenth Street; approved award of the contract at unit prices to Paul Garduer Corporation in the amount of $~8,557.00; and rejected all other bids. ~BID AWARD - FIVE COMPACT On motion of Councilman Hubbard, seconded AUT~0BILES by Councilm-n Schlueter and carried, Council received a~d ordered filed a report of bids received for fi%e compact automobiles, Spec. 621-41; approved award of contract to L. D. Coffing Company; and rejected all other bids. CITY COUNCIL - 227 - November 4, 1963 BID AWARD - DUMP TRUCK On motion of Counctlm-u Hubbard, seconded by Councilm-u Schlueter and carried, Council received and ordered filed a report of bids received for dump truck complete with body (Spec. 621-~2); approved award of contract to L. D. Coffing Company in the amount of $5,267.00; and rejected all other bids. BTD AWARD - ~aaEE TRUCKS On motion of Counc~lm-- Hubbard, seconded by Council~a- Schlueter and carried, Council received am~ ordsred filed a report of bids received for three 1/2 ton pickup trucks (Spec. 621-~0); approved award of contract to George Dunton Incorporated; and rejected all other bids. /BID AWARD - ~.w%~N on motion of Councilman Hubbard, ~A~TO~0~ILES seconded by Council~,- Schlueter and carried, Council received and ordered filed a report of bide received for eleven 4-door sedan automobiles for police USe (Spec. 621-4B); approved award of contract to ~uaranty Chevrolet Incorporated on their alternate bid; and rejected all other Bids. j~HEARING - AMEND. APP. 44~ Mayor Hall opened the hearing continued HISKE"f & GOULD from August 5, 1963 on Amendment Application 4~4 filed by Hiskey & to reclassify fr~a the District property south of McFadden between Grand and Lyon. Pl~-~ug Commission Resolution ~6B8 recommended denial of applicant's proposal. D~le HeWn]y, 611 W. $th Stree%, speaking for Robert Rick. les, attorney for the applicants, stated that he was aware of the letter from the P]~--ing Consultants regarding a proposed progress report in January on the General Plan Program, and there was no objection to continuation of the hear~ to January 20, 1964, but that a decision should be made at that time based on the merits of the application. on motion of Councilman Hubbard, seconded by Counci~m~ Schlueter and carried,~ Council continued the hearing to January 20, 1964, 7:~O p.m., in the Council Chamber, 217 North Main Street. .a2.~3~RING - AMEN'9. APP. 458 Mayor ~a~ ~ opened the hearing continued A~VV~ff.~ON from August 5, 1963 on Amendment Application ~58 filed by Jule C. Axelson to reclassify from the M 1 to the R 4 District property on the west side of Grand between Warner and McFadden. Planning Cnmm~ ~sion Resolution 5637 recommended denial of applicant's proposal. Dale Heinly, 611 W. 8th Street, speaking for the attorney for the applicant, stated that as in Amendment Application 4~d~, there was no objection to continuation of the hearing to January 20, 196~. on motion of Councilman Hubbard, seconded by Counc!~m~n schlueter and carried, Council continued the hearing to January 20, 1964, 7:30 p.m., in the Council Chamber, 217 North Main Street. COUNCIL - 228 - November 4, 1963 HEARING - APpF~L 91 Mayor Hall opened the continued hearing on GAT,TJ~RDO ~ Appeal Application 91 filed by A. H. ~ Gallardo from the Planning Comm~ssinn's approval of Variance Application 1802 (American Pipe and ConStruction Company) to construct a 72' high concrete batching facility and a storage elevator at 2501 W. 5th Street. A. W. Gallardo, 2237 W. 7th Street, spoke in opposition to granting of the variance on the basis that the required distance for building such a facility from the nearest property is not met; that it will decrease property values; and has already been a nuisance because of late working ho~rs. C. M. TruJillo, 22B4 W. 7th Street, spoke in opposition to granting the variance on grounds it will further invade privacy of adjacent residences and decrease property values. Peter Van Kuran, 4635 Firestone Boulevard, South Gate, representing American Pipe & Construction Company, stated that the variance was necessary in order to maintain the plant in a competitive position, that the improvements made would be an asset to the neighborhood, and that noise and dust reducing facilities would be inst-1 led. There being no further testimony, the hearing was closed. On motion of Councilman Hubbard, seconded by Couneflm~ Harvey and carried, the City Council upheld the decision of the Planning Commission and instructed the City Attorney to prepare a resolution granting Variance 1802. NEARING - AMEBIC. APP. Mayor Hall opened the hearing on Amendment 464 - HIDLE Application 464 filed by Barbara J. Hidle to reclassify from the A i to the R 2 District proper~y on the west side of Newhope between Bolsa and Fifth Street. Plaani~g C~mmission Resolution 5652 recommended denial of applicant's proposal. The Clerk reported that notice of the hearing was published in The Register on November 7, Ga motion of Connc~lm~ Hubbard, seconded by Counc~lm~ Harvey ~nd carried, Council received and ordered filed a letter from Theodore E. Pearson, 1855 W. Elm Avenue, representative of the applicant, requesting contin,,~uce of the hearing to November 18, 1963. The Planning Director stated that the applicant, Mrs. Hidle, had been in contact with him and had requested that the matter be referred back to the Plamuing C~mmission. There being no further testimony, the Mayor closed the hearing. On motion of Connc~m~u Hubbard, seconded by Councilman Harvey and carried, Council referred Amendment Application 464 back to the Planning Commission for reconsideration. ~RING - AI~D. At~P. Mayor Hall opened the hearing on Amendment 473 - GRIMM Application 473 filed by L. Trover Grimm to reclassify from the M 1 to the M 2 District property on the north side of Talbert between Harbor Boulevard and Santa Aha River. Planning Commission Resolution 565B recommended approval. The Clerk reported that notice of the hearing was published in The Register on October 12, 1963 and that no written co~uications or objections had been received. L. Tre¥or Grimm, 417 S. Hill Street, applicant, spok~ in favor of his application. There being no further testimony, the hearing was closed. On motion of Couuci~nan Hubbard, seconded by Counct~man Gilmore and carried, Council approved the reclassification and instructed the City Attorney to prepare an amending ordinance according to Exhibit AA 473-A. Cl~ COUNCIL November 4, 1963 ~WARING - SO. SANTA ANA Mayor Hall opened the hearing on the ANNEX NO. 6 proposed -n~exation of property north and south of Talbert between Main and Greenville. The Clerk reported that notice of the hearing was published and mailed as required by law, that evidence thereof was on file, and that no written protests had been received. The City Attorney advised the Council of a defect in the time of the hearing and rec~ended the adoption of a resolution initiating new proceedings. RES. 63-177 RESOLUTION 63-177 IRITIATING PROCEEDINGS FOR A.'~'EXATION OF TE~RITOR~ TO THE CITY OF SANTA ANA, ~ESIGNATING AN APPROPRIATE NAME FOR SAID TERRITORY OF "SOUTH SANTA ANA ANNEX NO. 6" GIVING NOTICE OF PROTEST ~ARING '~'~tg0N AND RESCINDING RESOLUTION 63-152 was rea~ by title. It was moved by Councilman Hubbard, seconded by C~Ancilman Schlueter, that l%lrther readin6 be waived and Resolution 63-177 be adopted. Oa roll call vote: AYES, COUNCILMEN: NOES, COUNCII~E~: ABS~T, COUNCII~EN: Hubbard, Harvey, Gilmore, Schlueter, Hall None Nome H~4RING - I~¥INE'S SUB- ~ayor Hull opened the hearing on the DIV. ANNEX NO. t - REVISED proposed annexation of approx~m-tely 290 acres bounded by Newport, Delhi Road, and Red Hill Avenue. The Clerk reported that notice of the hearing was published and mailed as required by law, that evidence thereof was on file, and that no written protests had been received. Acting upo~ advice from the City Attorney, it was moved by Councilman Hubbard, seconded by Councilm~n Schlueter and carried, that the hearing be continued to November 18, 1963, 7:30 p.m., in the Council Cb-tuber, 217 No Main Street. ~EARING - SECOND ST. Mayor Hull opened the hearing continued VACATION from October 7, 1963 on proposed vacation of a street ~,mning between First and Second Streets along west line of the Southern Pacific Railway Depot and a section of Second Street running from said west line easterly to the track of said railway company. There being no response to the Mayor's call for testimony, the hearing was closed. Ca motion of Counc~m-u Hubbard, seconded by Councilman Schlueter and carried, Council deferred actio~ regard~E the vacation. HEARING - APPEAL 98 Mayor Nall opened the hearing on Appeal EGGLETON Application 98 filed by Sidney Eggleto~ fro~ the Planning Commission's denial of Variance 1819 to construct a duplex on R 1 property at 919 N. Verano (Euclid). The Clerk reported that notice of the hearing was given by the Planning Department, that evidence thereto was on file, and that no written communications or objections had been received. The Planning Director reported the Planning Comml ssion concurred with the applicant's subsequent request to replace a 45-year old dwelling with a new three bedroom home. CITY COUNCIL - 230 - November 4, 1963 On motion of Councilm~n Hubbard, seconded by Counci~mau Schlueter and carried, Appeal Application 98 was referred back to the PlAnning Commission for re- consideration. HEARING - APPEAL 99 Mayor Hall opened the hearing on Appeal SCANLON Application 99 filed by MaryAnn Scanlon fro~ the Planning Commission's denial of Variance 1839 to construct a 23 unit, two story apartment complex on C i and R i property at 1609 N. King Street. The Clerk reported that notice of the hearing was given by the Planning Department, that evidence thereto was on file, and that no ~ritten communications or objections had been received. Acting upon the request of the P~-~tng Director, on motion of C~uncilman Hubbard, seconded by Councilm-- Schlueter and carried, Appeal Application 99 was referred back to the planning Co~nission for reconsideration. HEARING - APPEAL100 Mayor Hall opened the hearing on Appeal GUARANTY CHEVROLET Application 100 filed by Guaranty Chevrolet appealing conditions imposed by the Planning Commission in its approval of Variance 1829 to construct a new and used car sales and service facility on R 1, RiB, R 2 and C 4 property located at 807 E. 17th Street. The Clerk reported that notice of the hearing was given by the Planning Department, with evidence on file, and that no written communications or objections had been received. Dale Hefnly, 6il W. 8th Street, attorney for the appellant, reviewed conditions itemized in the appeal regarding the proposed 50 foot sign, planting strip and walls in Santiago, dedication and improvement of Santiago while it is R l, improvement of 17th Street as a major arterial, and driveway entrance location on Santiago. Mrs. Russell Macy, 1720 Santiago, objected to location of "Service Depart- ment'' sign and driveway entrance on Santiago. Clark Miller, 1802 Santiago objected to appellant's proposal of chain link fence instead of block wall to separate R 1 property from service installation. Clarence L. Borchering objected to chain link fence and requested specific binding terms governing applicant's develolm~ent on Santiago such as display areas. Leo~ewd Lippett, 1810 Santiago, objected to chain link fence and 50 foot sign. Mr. He~ly agreed the sign On Santiago could be moved to the south of the driveway entrance, which would be 10 feet south of the first residential property on the west side of Santiago, stated the chain link fence would not even be seen at 110 feet and with planting; reiterated the need for 50 foot sign, that it would not affect properties in area. It was noted by the City Manager that the City pays cost of construction of streets in excess of local street requirements for thickness and width. There being no further testimony, the hear~-E was closed. Mayor Hall declared a five minute recess at 9:00 p.m. The meeting reconvened at 9:07 p.m. with all Councilmen present. It was moved by Councilman Gilmore, seconded by Councflm-- Hubbard, and carried, that the City Council grant the appeal and overrule the Planning C~,.mission with respect to Item 2 of the Appeal to modify condition 14 (g) to read after the words 17th Street and "that portion of the easterly one half of Santiago Street measured from the centerline of 17th Street to a point approximately 240 feet north of the centerline of 17th Street"; with respect to Item 5 of the Appeal to modify condition 15 (c) by adding after the words of existin$ pavement "that portion of santiago Street mentioned in Condition 14 (g) above"; with respect to Item i of the Appeal to modify condition 5 Cl~ COUNCIL - 231 - November 4, 1963 to read "Signs as per p~ot plan except that the si~n shoal on the no.ch side of the driveway on Santiago be msved to the south side of said driveway, the north side of which said driveway shall be approximately 2~O feet plus or minus north of the centerline of 17th Street (approxt-~tely 10 feet south of the south line of the first residence on the west side of Santiago Street, located approximately 250 feet ~rth of the centerlime of 17th Street)"; and that all other conditions theret~ are applicable. ~EARINO - APPEAL 101 Mayor Eall opened the hearing on Appeal PACE Application 101 filed by Eer~-~ O. Pack f~m the Zoning Administrator's denial of Variance 1832 to construct a 58' Texaco advertising structure on C 1 property at 2101 S. Main Street. The Clerk re~orted that notice of the hearing was given by the P1A~-~ng Department, with evidence on file, amd that c~*--uaications favoring the variauce had been received from the following: R. L. Crutcher of the Jennie S. Crutcher Foundation, 3429 E. Coast Nighway, Corona del Nar~ T. L. Ca-non, 2101-A S. Main Street; Lloyd's Laundromat, amd EermA- Pack, the appellant. On motion of Coumclin-- ~bbard, sec~m~ed by Oounc21m~ Schlueter and carried, Council received sad ordered filed the communications o Bill Winterberg, ~20 Arley Place, Anaheim~ representing the applicant, noted the sign was necessary identification, could be modified to ~0 feet if ~8 feet too great. There being no further testimony, the hearing was closed. On motion of Councilman Earvey, seconded by Councilman Hubbard and carried, Council upheld the ~ecision of the Planning C~mmission amd instructed the City Attorney to prepare a resolution denying Variance 18~. Mr. Winterberg requested further consideration of a ~0 foot sign and basis of Council decision. Mayor w_,ll stated Council's consideration was on ~8 foot sign only and applicant c~Ald su~mit application for different sign if desired. HEARING - APPEAL 102 Mayor Hall opened the hearing on DAVIS (DZEE~ZCE) Appeal Application 102 filed by Jack Davis from the Planning Commission's denial of Variance 1831 to construct a 232 unit, one story apartment complex with public streets on R i property located between Grand and Lincoln south of Santa Clara. The Clerk rePorted that notice of the hearing was given by the Planning Depa~:-ment, with evidence on file, and that a c~.-.=,~uicatiom had been received from the appellant ask- lng that the matter be referred back to the planning C,~--.-~ssion for re- a~alysis amd recmmmendation. The hearing was closed. On motion of Counc~l~- Hubbard, seconded by Coumcl!ma~ Schlueter and carried, Council referred Appeal 102 back.to the Planning Commission for reconsideration. ~EARING - APPEAL 103 Counctlma- Hubbard asked that he be HUNT disqualified from discussion amd action in the following matter because of a conflict of interest, and left the Council Chamber. Mayor Hall opened the heartnE on Appeal Application 103 filed by Barnes F. Eunt from the Planning Commission's approval of Variance 1836 (Tb~$ T. Russell) to construct a 40 unit, 10 building, 2 story apart- merit complex on A 1 property located at 4120 W. 5th Street. The Clerk. reported that notice of the heariug was given by the Pl,nnimg Department with evidence on file, and that no written communications or objections had been received. Norman Caldwell, 2020 N. Broadway, attorney representing 15 adjacent land owners, presented a petition signed by 155 laud Owners pretesting gra~ting of the Variance. On motion of Councilman G41m-re, seconded by COunc~m-- Schlueter and carried, the petition was received aud ordered filed. CITY COUNCIL - 232 - November 4, 1963 Mr. Caldwell stated applicant has failed to show exceptional circumstances, that variance is not a requirement for preservation of substantial right, that it would be injurious to other property owners with 40 units on 1.97 acres. The Planning Director noted original plans have been reduced to 50~ land coverage. Mr. Caldwell asked for continuance until final plans approved. Warren Proctor, 115 W. 15th Street, agent for variance applicant, objected to a contin~,~nce inasmuch as Planning Commission approval was subject to submission of a revised plot plan approved by the Planning Director which calls for 50%laud coverage. Thomas Russell, t23~2Adele, Oarden Grove, applican$ noted property is now a nuisance and needs to be developed. There being no further testimony, the Mayor closed the hearing. 0n motion of Counc4~m~ Harvey, seconded by Counci~ma~ Gilmore and carried, the Council upheld the decision of the Planning Commission and instructed the City Attorney to prepare a resolution approving Variance 1836. Councilman Hubbard res~m~ed his place at the Council table. ~w~RING - APPEAL iO~ Councilman Hubbard asked that he be dis- KO~ROSKY qualified from discussion and action in the following matter because of a conflict of interest, and left the Council Chamber. Mayor Hall opened the hearing on Appeal Application 104 filed by Julie ~mmrosky (for the Vuicich family) from the P3-n~tng C~ission's approval of Variance 1837 (Bailie & Brooks) +~ construct a 56 unit, 1~ buildf-g, 2 story apartment complex on A 1 property located at 3922 and 3930 W. 5th Street. The Clerk reported that notice of the hearingwas given bythe Planning Depart- merit with evidence on file, and that no written commmmications or objections had been received. Norman Caldwell, 2020 N. Broadway, attorney representing appellants~ protested that number of units proposed is not in confo~,~_nce with R 4 regulations, and two stories is attempt to make an R 3 development of the property. Warren Proctor, 115 W. 15th Street, attorney representing the applicaut~ stated arguments would be same as for Appeal 103. Mrs. Cecilia Bailie, 3922 W. 5th Street, applicant, spoke on behalf of herself and Alberta M. Brooks. There being no further response to the Mayor's call for testimony, the hearing was closed. O~motion of Councilman G~mnre, seconded by Councilman Earvey and carried, Council upheld the decision of the Planning Cc~mtssion and instructed the City Attorney to prepare a resolution approving Variance 1837. Councilman Eubbard re~ad his place at the Council table. PETITION - TRASH 0u motion of Councilman Hubbard, seconded TRANSFER by Counc~lm-- Gilmore and carried, Council received from Joseph Davis, 9355 Laurel Street, a petition with approximately 83 family signatures which protested the presence of a trash transfer point in Montgomery Park, and referred the matter to the staff for investigation and report. ORD. NS-691 ORDINANCE NS-691 AMENDING ARTICLE IX OF A. A. ~60 TH~ SANTA ANA MUNICIPAL CODE TO CHANGE ENGLISH DISTRICT CLASSIFICATION ON AMEN-~NT APPLICATION NO. 460 AND AMenDING SECTIONAL DISTRICT MAP 11-5-10 (EXHIBIT AA ~60 C) was read by title. It was moved by - e33 - November 4, 1963 Counc~lm-~ Hubbard, seconded by Counc~lm-n Schlueter, that further reading be waived and Ordinance NS-691 be adopted. Ca roll call vote: ATES, COUNCII~M~: NOES, COUNCII/~I: ABSENT, C0UNCI~: Hubbard, Harvey, Gilmore, Schlueter, Hall None No~e ORD. NS-692 ORDINANCE NS-692 AMENDING SECTION Z0~ING AMEND. 9230.261 OF '.'~ SANTA ANA M%~ICIPAL C5 USES CODE BY ADDING AN ADDITIONAL USE TO TRE 0-5 (A~,'m~ZAL CO~RCIAL DISTRICT) was read by title. It was moved by Cou~ctlmaa Hubbard, seconded by Councilman Schlueter, that further reading be waived and Ordinance NS-692 be adopted. 0~ roll call vote: ATES, COUN¢II~w~: NOES, COUNCILMEN: ABSENT, ¢0UNCII2~E~: Hubbard, Harvey, Gilmore, Schlueter, He]! None No~e OHD. NS-695 ORDINANCE NS-695 AM]~DINO SECTION 3273 C~%NGE FLOW OF ,kwh'. SANTA ANA MUNICIPAL COE~ was OF TRAFFIC - ~T.T.~ introduced by title. It was moved by 001~1Ctlm~ Hubbard, seconded by Counctlm-~ Gilmore and unauimously carried, that further reading be waived and Ordinance NS-695 be passed to second reading. ORD. NS-693 ORDINANCE NS-693 AMENDING ARTICLE IX A. A. 470 OF '.'..: SA/ITA ANA MUNICIPAL CODE TO NORTON CHANGE DISTRICT CLASSIFICATION ON A~mmz~mm',' APPLICATION NO. ~70 AND AMENDING SECTIONAL DISTRICT MAP 7-5-9 (EXHA~IT AA 470 B) W~ THE PLANNING CO~$~SSION RECO~9~E~DED ~ENIAL was introduced by title. It was moved by Council- man Hubbard, seconded by Co%mcilin"" Gilmore and unanimously carried, that further reading be waived and Ordinance NS-693 be passed to second reading. ORD. NS-694 ORDINANCE NS-694 AMRNDING ARTICLE IX A. A. ~72 OF T"~. SANTA ANA MUNICIPAL C0~E TO DAVIS CHANGE DISTRICT CIASSIFICATION ON AM~DME~T APPLICATION NO. 4T2 AND AME~uING SECTIONAL DISTRICT MAP 1-5-10 (FDGtIBIT AA 472 A) was introduced by title. It was moved by Councilm-~ Hubbard, seconded by Councilman Gilmore and u~animously carried, that further reading be waived and Ordinance NS-694 be passed to second reading. RES. 63-166 RESOLL~ION 63-166 AFFIF~4ING T~E DECISION V. A. 1824 OF Tam PLANNING CO~94ISSION AND DENYING QUONG VARIANCE APPLICATION NO. 1824 FIL~ BY PAUL QUONO was read by title. It was moved by Counc~lm-n Hubbard, seconded by Coune~lm-n Schlueter, that further reading be waived and Resolution 63-166 be adopted. On roll call vote: AYES, COUNCIIREN: NOES, COUNCII2~EN: ABSENT, COUNCII~EN: Hubbard, Harvey, G~lm~re, Schlueter, Hall None No~e CITY COUNCIL - 23~ - November ~, 1963 RES° 63-167 RESOLUTION 63-167 AFFIRMING THE DECISION V. A. 1825 OF TEE PLANNING C(t~4ISSION AND DISmaYING POLITISKI - ~.~.T.WEG VARIANCE APPLICATION NO. 1825 FIT.W.n BY ROB~T C. POLITISKI AND HENRY S. ~.T.T.WEG was read by title. It was moved by Councilman Hubbard, seconded by Councilman Schlueter, that further reading be waived and Resolution 63-167 be adopted. On roll call vote: AYES, COUNCILMEN: NOES, COIINCI/24EN: ABSENT, COUNCILMEN: Hubbard, Harvey, Gilmore, Sehlueter, None None RES. 63-172 DEEDS - NO CASH Deeds for acceptance were submitted the following: E. Reese Allison & Helen E. Peddicord, street easement, Es/Grand, N/17th Street. Charles ~. & Helen E. Peddicord, street easement, Es/Grand, N/17th Street. Richard 0. & Violet Boucher, property, 8s/Trask, E/Fairview Street. George H. & Margaret Rose, drainage easement, S/FirSt, E/Sullivan. Salvador & Emilene Meraz, street eas~eut, Ns/Trask, W/S.A. River C~a~nel. Security Fore Corp., drainage purposes, St.Gertrude Place, E/Forest Avenue. Margaret Fetters, street easement, Ns/Ediager, W/Gordon Place. William A. ]~,m~tead, street easement, Ns/Edinger, W/Gordon Place. James C. & Bettym-n Dodson, James A. & Alice F. Stephens, Robert B. & Frauklena E. Holland, street easement, Ss/Sherwood, E/Maple, N/half ,mnemed street, S/Sherwood, E/Maple Street. James C. & Bettyann Dodson, James A., Alice F. & Ina Stephens, street easement, Ss/Sherwood, W/Maple, N/half ~,,~-.~d street, S/Sherwood, between Maple and Main Streets. James C. & Betty_a~n Dodson, James A., Alice F. & Ina L. Stephens, street easement, NWcor/Maple and ~mr~ed street, S/Sherwood, E/Main Street. William K. & Edna K. Stock, street easement, SWcor/Maple & Alton Streets. Hank of America Natio--1 Trust & Savings Assoc., real property, SEcor/Sherwood and Maple Street. P~-w of America National Tm_st & Savings Assoc., property, Maple Street, S/ Alton, E/Main. B--W of America Natio-al Trust & Savings Assoc., real property, Sherwood Ave., E/Main Street. B-~k of America National Trust & Savings Assoc., strip of land street purposes, S/Sherwood, E/Main Street. RESOLUTION 63-172 ACCEPTING DEEDS W~ T~ CITY IS PAYING NO CASH CONSIDERATION was read by title. It was moved by Councilman Hubbard, seconded by Coumcilman Schlueter, that further read/ag be waived and Resolution 63-172 be adopted. On roll call vote: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN: Hubbard, Harvey, Gtlmore, Schlueter, ~.~1 None None ~,,~, /,'5 RES. 63-173 A quitclaim deed was submitted for approval QUITCLAIM DEE~S to various owners from the City for vehicular access rights to Warner Avenue, east of Fairview Street. A quitclaim deed was submitted for approval from the City to Richard Cavanaugh for vehicular access rights Ns/First, W/Tustin. RESOLU2ION 63-173 AUTHORIZING EXECUTION OF Q~ITCLAIM DEED8 BY THE CITY OF SANTA ANA was read by title. It was moved by Counci]~,.n Hubbard, seconded by Council- man Schiueter, that further reading be waived and Resolution 63-173 be adopted. On roll call vote: ~YES, COUNCILMEN: Hubbard, Harvey, Gilmore, NOES, COUNCILMEN: None ABSENT, COUNCIL~: None CITT COUNCIL - 235 ~ Schiueter, Hall November ~, 1963 RES. 63-174 RESOLUTION 63-174 ACCEPTING A Eg~D QUITCLAIM DEED FR~4 DICK A. AND r~N LORRAINE N~TON HORTON AND SHET.TRY B. AND sUSAN B. HORTON IN EXCNANGE FOR A QUITCLAIM ~ED FROM ','~ CI~i~ AND A~I~aORIZING EXECUTION OF SAID QUITCLAIM ~ ~as read by title. It was moved by COUnc~lm-- Hubbard, seconded by Couuc~lm-~ Sehlueter, that further reading be waived and Resolution 63-173 be adopted. 0u roll c.l 1 vote: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN: ~abbard, Harvey, Gilmore, Schlueter, Hall None None WATER & E~AINAGE On motion of CO1~nc~lma~A Hubbard, SERVICES seconded by Counc~lm,~ Schlueter and carried, Council authorized execution of an agreement with the State of California regarding water main ami service charges and drainage assessment fees, for the Department of Motor Vehicles Building at the southwest corner of First and McClay Stre~s. SIGN ENCROACHME~T with the following: On motion of COU~C]1man Hubbard, seconded by Counc~lm-- Schlueter and carried, Council authorized execution of agreements for encroaching signs Union Oil Co. of America, Bristol Street and 8th Street Mobil Oil Co., 1001 E. Fruit Street ~:.~. ARCNITECTURAL SERVICES Ca motion of Councilman Hubbard, MUNICIPAL STADIUM seconded by Counc~a~ Schlueter and carried, Council denied the request of Robert Hernandez, architect, for corrected amendment to agreement regarding Design Develolm~ent Phase of the Municipal Stadium. FINAL MAP, TRACT 5281 Final Map, Tract 5281, was filed by Bear State Builders, Inc., creating 16 lots at the northeast corner of Newhope and M~Fadden. It was moved by Coumcllman Hubbard, seconded by Councilman Schlueter and carried, that Council approve Tract Map 5281, accept the dedications thereon, and authorize execution of the subdivision agreement. PRE. RE~ORD OF SURYET O~ motion of Councllm-- Hubbard, 336 seconded by Counci~m-- Schlueter and carried, Council referred Preliminary Record of Survey 336 to the City Attorney for a rulimg regarding application of drainage fees on the total property. CITT COUNCIL - 236 - November 4, 1963 d/tV./3 A. 1826 - VOSE Council received a report from the Planning Commission recommending conditions to be attached to the granting of Variance 1826. It was moved by Councilman Hubbard, seconded by Councilman Schlueter and carried, that the report be received and the recommended conditions be approved and attached to the granting of Variance Application 1826o City Council received a report from the ALLEY EXTENSION requeat, filled :by" Dale Reinly, 611 W. 8th Street for establishment of future right of way lines for an alley between Broadway and Durant x-,~ning north from 15th to 17th Street. On motion of Co%ulcilman Hubbard, seconded by Councl~m-n Schlueter and carried, Council received and ordered filed the repOrt. RECESS At 10:20 p.m. the Mayor declared a five minute recess. At 10:27 p.m. the Council reconvened with all Councilmen present. Fm~I'ITION TO On motion of Councilman HubBard, seconded CLEAR PROP~{TY by Counci~m~u Schlueter and carried, Council received and ordered filed a petition filed by William Morrison, 421 E. 22nd Street to clear property alongside the playground at the southeast side of Noover School. LICENSE WAIVER Acting upon advice of the City Attorney, on motion of Counc~m-u Eabbard, seconded by Councilman Schlueter and carried, Council denied a request by the National Cystic Fibrosis Research Foundation for waiver of fee for license to conduct circus. PRE. RECORD OF On motion of Councilman Hubbard, seconded SURVE"f BB7 by Counci~m-~ Gilmore and carried, Council approved Preliminary Record of Survey 337 filed by H. M. Carqueville creating two M-1 lots on the east side of Halladay Street approximately 1170 feet south of Dyer Road, subject to the conditions outlined in the Planning Director's report dated October 8, 196S. PRE. RECORD OF On motion of Councilman Hubbard, seconded SURVEY 338 by Councilm-n Gilmore and carried, Council approved Preliminary Record of Survey 338 filed by Howard A. Bear creating three R 1 lots at the northeasterly corner of WakehamAvenue and Bear Street, subject to the conditions outlined in the Ple~lng Director's report dated October 18, 1963. REV. TENT. TRACT MAP4236 CITY COUNCIL Revised Tentative Tract Map 4236was filed by Rlric Enterprises, Inc., creating 120 unit condominium subdivision located north- westerly of the intersection of 20th and - 237 - November 4, 1963 Millwood Streets. On motion of Counc~lm-u Hubbard, seconded by Counc~m-~ Gilmore and carried, Council apprOVed M~p 4236 subject to the conditions described in the Planning Director's report dated October BO, 1963. TENT. TRACT ~258 Tentative Tract Map 4258 was filed by V. L. N. Constructinm Company creating twelve R i lots smd one C 2 lot on the west side of Harbor Boulevard approximately 660 feet south of McFadden Avenue. On motion of Col~lc~lm-n Hubbard, seconded by Counc~lm~u Gilmore and carried, Council approved Map 4258 subject to the conditions described in the Planning Direct~r's report dated October 30, 1963. PRE. RECO~D OF Council heard the City Manager's report SURVE"f 302 regarding the property involved in Preliminary Record of Survey 302, filed by SY Development Company creating two lots on the west side of Broadway, south of Buffalo. A discussion followed of the problem of two buildings side by side, the original variauce on the property, and u~iform building code requirements, with Dele Heinly and Allen Schwartz representing the applicant. On motion of Co~cilm"n Hubbard, seconded by Counc~lm~n Harvey and carried, Council continued the matter to November 18, 1963. BOND Bw~.W~SES On motion of Counc~!m~ Hubbard, seconded by Colxncflm~n Schlueter nnd carried, Council accepted improvements and authorized release of bonds for Tract 4402, Harvard Street and Forest Avenue and Tract 4767, Euclid Street amd Barbette Avenue, on recommendation of the Public Works Director. CROSSWALK & CROSSING Based on the report of the Director of GUARD ltEQUEST Public Works, ca motion of Counc~lm~n Hubbard, seconded by Counc~lme~ Schlueter and carried, Council denied the request filed by Mrs. R. K. Welsh for a crosswalk and crossing guard at Fairview and Dahl Lane. INSP~OTION SEHVt0ES On motion of Counc4~m-- Hubbard, seconded by Councflm-u Schlueter amd carried, Council authorized payment of $1~55.63 to James M. Montgomery Co. for inspection services on the ~,n~cipal Stadium. SCRAP METAL On motion of Councilman ~mbbard, seconded by Councils-- Schlueter and carried, Council authorized the City Manager to arrange for the negotiated sale of scrap metals accumulated to date in accord-nee with Section 2611.1 of the Municipal Code. CITY COUNCIL - 238 - November 4, 1963 tiMe,SURPLUS REAL PROPERT~ On motion of Counc~lme. Hubbard, seconded by Councilman Schlueter and carried, Council received and ordered filed the City Manager's report of sttrplus real property on the west side of Fairview north of 9th; declared the property surplus; determined that it would be of value only to the adjacent property owner, and authorized the City Manager to negotiate a direct sale. STR~-T REIMBURS~EITS On motion of Councilman Hubbard, seconded j~ by Council~,~ Schlueter and carried, Council authorized reimbursements for street improvements constructed in excess of local street requirements as follows: L. A. Havens - south side of E. First from Freeway to 347' easterly - $27?. 98 Bill Barry - E. First Street, 1040' east of Mabury for a distance of 676' east - $5,745.20 CHANGE ORDERS on motion of Counctlm-n Hubbard, seconded by COuncilm-n Schlueter and carried, Council authorized cH-~me orders on Project T-3, Traffic Signals as follows: Change Order No. 1 (Fourth Street and Tustin Avenue). Relocate electric service connection 125' plus or minus north of proposed location on Tustin Avenue because of interference with telephone conduits. Total cost for work $100.00. Change Order No. 2 (Fifth and Fairview Streets). Relocate electric service connection 190' plus or minus south of proposed location on Fairview Street because of interference with telephone conduits. Total cost for work $15o.4 . Change Order No. 3 (Bolsa Avenue and Euclid Street). Relocate controller 8' north of proposed location on Euclid Street to clear proposed driveway. Total cost for workS145.00. OVERWIDT~ DRIVEWAYS On motion of Councilman Hubbard, seconded by Counc~m-~ Schlueter and carried, Council approved 45' drive approaches for the first three driveways on the north side of 17th Street west of Bristol at Honer Plaza. BID CALLS On motion of Counc~lm-- Hubbard, seconded by Councilm-n Schlueter and carried, Council approved plans and specifications and authorized the proper authorities to advertise for bids on the following: Multilith Press and Plate Making Unit, Spec. 611-5. Openin~ date: 11-18-63 8 Mobile Radio Units, Spec. 654-7. Opening date: 11-18-63 Engine Driven Pull Type Sweeper, Spec. 624-9. Opening date: 11-18-63 Magazine Subscriptions for Libx'ary, Spec. 335-2. Opening date: 12-2-63 Construction of storm drain in SegerstromAve. frem PE Railroad to Fairview St. - Project D-45. Opening date: 11-26-63. CITY COUNCIL - 239 - November 4, 1963 CLAIM 0u motion of Oounctlm~ Hubbard, seconded by Counci~m~- Schlueter and carried, Council referred to the City Attorney claim for damages filed by Mrs. W, Ealey in the amoun~ of $44.~5. F,.'£'iTION FOR On motion of Counc41m-~ Hubbard, CROSSWALE seconded by Counc~m~- $chlueter and carried, Council received and referred to the City Manager, a ~etition signed by approximately BO fa~zilies requesting a crosswalk at Chestnut and Oak or Chestnut and Maple Streets, two crosswalks at Maple and Walnut and two way stop signs on Walnut at the east and west corners. SOLICITATION On motion of Oouncilm-- Hubbard, REQUESTS seconded by Counc41,.~,t~ Schlueter and carried, Council approved solicitation requests for American Christian Crusade, Inc., October 1, 1963 through January 1, 196~; Disabled American Veterns, Forget-Me-Not sale, November 8 and 9, 1~63. PUBLIC SPEAKING On motion of ~ouncfl-~n Hubbard, seconded by Counctlm~u Schlueter and carried, Council approved request from M~s. Jeanette R. Stewa~ for Apostolic Church to hold street services on Saturday from 7:00 p.m. to 8:00 p.m. AUCTION On motion of ~ounci~ma- Eubbard, seconded by Councilm~u Schlueter and carried, Council approved request filed by Milton J. Wershow Co. to conduct an auction of construction and office equilmment for J. S. Barrett, Inc., 12BO E. at. Gertrude Place on November 5, 196B. ADVISOtUf CO~$~E On motion of COUnCilman Hubbard, seconded by Counct ~m,~ Schlueter and carried, Council approved the Plen~ing C~.-tesion's recommendation that the following be appointed to the Citizens Advisory C~.,,ittee for the General Plan Program: Mrs. Helen ~ardy Boyd, Tom Jackson, Howard ~app, Jr., and L. A. WILDLIFE SANCTUA~ On motion of Oounc~-~ Hubbard, secOnded by Councilman Harvey and carried~ Council received and ordered filed requests +~.b_~t the Council support the movement to make Santa Ana a Wildlife Sanct~,awy from the following: Orange County Memorial Garden Center, Wuntix~ton View Branch of Women's National Farm and Garden Association, Sea and Sage, Gertrude and Earl Sanders, 1601 N. Flower; and instructed the City Attore~y to prepare an appropriate document imtmlementing the request. CITr COUNCIL On motion of Councllm~n Hubbard, seconded by Counct]ma~ Schlueter and carried, Council received amd ordered filed the P~-w-ing C~mmission and - 240 - November 4, 1963 Boxtm~-_~y C~seton reports appr~l~g proposed anaexatlon of approximately 14.977 acres at the southeast cor~er of Santa Clara Avemme amd Wright Street. RES. 63-175 RESOLU2ION 63-175 I~.'.~fATING PROCR~.nINGS FOR ANNr~ATION OF T~RITORI TO ='am CIl~ OF SANTA ANA, IESI~ATING AN APPROPRIATE AND WRIGI{T S. E. ANNEX" AND GIVING NOTICE OF PROTEST ]~ARIN~ 'i'~h~EON was read by title. It was moved by Co~ncilm-- Hubbard, seconded by Oou~c41m-u Schlueter, that further reading be waived amd Resolution 6B-175 be adopted. On roll call vote: AYES, COUNCILME~: NOES, COUNCILMEN: ABS~T, COUNCILMEN: Hubbard, Harvey, Gtl,~re, Schlueter, Hall None No~e ASSESS~mm=. On motion of C~uac~m-- Hubbard, seconded DISTRICT 2~1 by C~AmC~lma, Schlueter au~ carried, Cotmcil received and ordered filed the plans amd specifications and DirectOr of Pmblic Works' report of ester-re of costs for construction of sewers on 7th, Sullivan, Posey, Wa*-k~ne Way, etc. RES. 63-170 RESOLUTION 63-170 OF T~ CITY COUNCIL OF APPROVING PLANS THE CIT~ OF SANTA ANA, CALIFORNIA, ORDERING T~ FILING OF ESTIMATE, PLA~S, SPECi~'-~ATIONS AND DISTRICT MAP FOR CERTAIN STRmm£ AND SANITART SEWER W~If was read by title. It was moved by Counci~m-- Hubbard~ seconded by Councilman Schlueter, that further readtnE be waived and Resolution 63-170 be adopted. On roll call vote: Al'ES, COUNCILMEN: ~ubbard, Earvey, NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Schlueter, ~-] 1 RES. 63-171 RESOLUTION 63-171 OF ='~ CITY O0ONCIL OF DECLARING INTENTION .~'~ CITY OF ~ ANA, CALIFORNIA, I~.CLARING ITS I2~I~ITION TO 0RDE~ THE CON~£aUCTION OF CERTAIN ~ AND SANITARY SEWER WORK IN THE CII~ OF SANTA AHA, CALIFORNIA; ~w~CRIBING 'i'am DISTRICT TO HE BY SAID WORK AND TO BE ASSESSED TO PAY 'lam C0~T AND EXPOSE '£a~a~EOF; D~r~ING THAT BONDS SHALL BE ISSUED TO REFRESE~T ASSESSMENTS TO BE LE"~IED: AND FIXING TaZ TIME AND PLACE F~ HEARING PROTESTS AND OBJECTIONS TO SAID WORK, OR EXTENT OF Tam DIwA~RICT TO BE ASSESSED, OR BOTH~ AND ~'~ PUBLIC C~IENCE AND NECESSIT~ REQUIRE SUCH IMPROVEMENTS, AND GIVING NOTICE TH~EOF was read by title. It was moved by Cou~c]Im-- Hl~bbard, se¢o~ed by Cou~cilman Schlueter, that further reading be waived and Resolution 63-171 be adopted. On roll call vote: AYES, COUNCII/~EN: NOES, COUNCILMEN: ABSENT, COUNCII/~EN: Hubbard, Harvey, Gilmore, Schlueter, Hall None None CROSSWALK REQUEST front of the John ~a,m, School. CITY COUNCIL Councilman Harvey presented a petition on behalf of Mrs. A. E. Davis, 19115 S. Bamdal with approximately 239 signatures for a crosswalk on S. Raitt Street in It was moved by Counct~mn~ Harvey that the November 4, 1963 request be granted. The motion was lost because there was no second. Reg Glahn, 2058 S. Rene, spoke in favor of the crosswalk. On motion of Councilman Harvey, seconded by Councilman Gilmore and carried~ Council referred the matter to the staff for review because of the distance between the existing crosswalks. WRITTEN CO~94UNICATIONS On motion of Councilman Hubbard, seconded by Councilm-n Schlueter and carried, Council received andordered filed the following communications: TRAFFIC REPORT - Traffic control devices installed or removed frc~a 10-1 through 10-1~-63. Traffic control devices installed or removed from 10-15 through 10-28-63. CITY OF SEAL BEACH - Resolution recommending U.S. Constitution amendment to permit recitation of nondenominational prayers in public schools. CITY ATTORNEY OPINION - Regarding legality of various classifications to CD (Civic Development). BOARD OF SUPERVISORS - Resolution that an Industrial Farm has been established by the County of Orange and persons will be admitted to such Farm on and after September 30, 1963. PUBLIC UTILITIES COMMISSION - Hearing notice regarding Atchison, Topeka and Santa Fe Railway Compan~ application to increase multiple ride coach fares between Los Angeles and Fullerton, Anaheim and Santa Aha. CITY OF STANTON - Resolution No. ~13 Rec~=.~ending Legislation which would prevent State agencies from preempting the field of local building regulations if the local jurisdiction has adopted the nationally recognized codes specified in Chapter 17922 of the California Health and Safety Code. LIQUOR LICENSE APPLICATIONS - Nevin, Robert B. & Diane L., 2335 W. 1st Street, OFF-SALE GENERAL Lee & Jo~ce, ~07 E. Central Avenue, NE~ OFF-SALE BEER & WINE ~1 Club, 3610-B W. Bolsa, ON-SALE BEER Armenta, Flora M. & Frank P., 3417 W. 5th Street, ON-SALE BE~H & WINE Waters, Norbert A., 2301 W. 1st Street, OFF-SALE GENERAL Kousoulas, Panagiotis, Mandas, Ko~stantinos P. & panagitois, 50~ N. Flower, OFF-SALE GENERAL Zany Zoo, 3601 W. 1st Street, ON-SALEBEER Taeubl, Adam, Tiefenthaler, John, 311 N. ~ristol, OFF-SALE GENERAL Crown Liquor, 3731 Warner, 0FF-SALEGENEBAL Model Market, ~08 S. Main, OFF-SALE BEER &WINE The Fra-Mar, ~1~ W. Westminster, ON-SALE ~ Norton, Peter, 515 S. Main, ON-SALE BEER VARIANCE AND CONDITIONAL USE PERMIT DECISIONS - Made by the Planning C~maission or ZoningAdministrator, appeal has been filed. in which no CUP 155, Harry Kelso, Inc. - to construct a 178 space mobile home park on C 2 and M 1 property at 402~ W. 1st Street - APPROVED. CUP 156, Frank D. McGurk - to use property for temporary storage of impounded vehicles at 902 E. 1st Street - APPROVED. CITY COUNCIL November 4, 1963 V.A. 1841, Econcmic SerVices, Inc. - to construct a serVice station on R 3 property at NE cor/Grand & Stafford - APPROVED. V.A. 1843, JoSeph Baron - to construct a second dwelling unit on R 1 property at 1516 W. Willits - APPROVED. AUDITOR'S REPORT - Independent auditor's report for period ending June 30, 1963 for all accounts except Water Fund. Auditor's report for period ending June 30, 196~ on Water Utility Fund. PLANNING COESSION - Application for Planning CommisSion post fr°m Bill Squler with supporting letters from Board of Realtors and Arch. T. Balccm. MUNICIPAL STADIUM - ~ ~ Cnmmunication from Mrs· Janice Boer regarding inadequate superVision and inccmpletion of Municipal Stadium. BOARD OF SUPERVISORS On motion of Councilman Hubbard, seconded by Councilman Schlueter and carried, Council received and ordered filed a Board of Supervisor's resolution regarding the Seventy-fifth Anniversary of the Formation of Orange County and authorized a Minute Order in support of the action. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at ll:12 p.m. on motion of Councilman Hubbard, seconded by Councilman Schlueter and carried. DORIS M. BROWN CT.E~K OF THE COUNCIL CITY COUNCIL - 24-3 - November 4, 1963