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HomeMy WebLinkAbout12-02-1963MN/IUTES OF ','~ REGULAR ME~TING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA December 2, 1963 The meeting was called to order at 7:30 p.m. in the Council Chambers, 217, North MainStreet. Roll call was answered by Councilmen Harry H. Harvey, James Gilmore, Henry H. Schlueterand Vice Mayor Royal E. Hubbard. Nayor~ Ha~l was absent. Following the Pledge of Allegiance to the Flag, the ~ Invocation was delivered by the Reverend Jay Weener, Parkview Reformed Church. APPROVAL OF MINUT~ On motion of Councilman Harvey, secc~dedbyCouncilmanSchlueter and carried, the City Co~ucil approved as mailed the Minutes of the Regular Meeting of November 18, 1963. BID AWABD - On motion of Counc~lm-~ Harvey, MOBILE RADIOS seconded by Counc~lm-n Schlueter and carried, Council received and ordered filed a tabulatic~ of bids received for eight Mobile Radio Units, Spec. 65~-7; approved award of 6 radios for the Police Department and one radio for the Fire Department (Items 1 and 2) in the amount of $3,924.60 to Radio Corporation of America; approved award of one portable radio for Fire Department (Ite~ 3) to Motorola Products in the amount of $731.62; and rejected all other bids. BID AWARD - On motion of Councilman Gilmore, FIRE ALARM CABLE seconded by Cotmcilman Schlueter and carried, Council received and ordered filed a tabulation of bids received for 15,000 feet of fire alarm cable, Spec. 634-14; approved award of the contract to Ansonia Wire & Cable Company at unit prices bid; and rejected all other bids. BID AWARD - On motion of Counc~lm, u Harvey, MAGAZINES seconded by Counc~m-~ Schlueter and carried, Council received and ordered filed a tab,,!-tion of bids receive~ for Library magazine subscriptions, Spec. 335-2; approved award of the contract to Military Service Co., Inc. in the amount of $2,367.04; and rejected all other bids. BID AWARD - Council heard the City Manager's re- STORM DRAIN port of bids received for the construction of Storm Drain Project D-47, with a reeo~endation that the award be made to the low bidder, deleting Item 6, Catch Basin, with per- mission of the bidder. On motion of Councilman Harvey, seconded by Councilman Schlueter and carried, Council received and ordered filed the report of bids received; approved award of the contract to James A. Moran Construction Co. in the amount of $22,227.80; CITY COUNCIL - 258 - December 2, 1963 and rejected all other bids. BID AWARD - Acting upon the Mm=~ger's recommendatiom, CONCRETE PIPE it was moved by Councilman Harvey, seconded by Councilmau Schlueter and carried, that the bid opening date for 13~000 feet of steel pipe be extended to December 16, 1963. KEAI~ING - Vice Mayor Eubhard opened the he~ A~. A~. 477 continued ~ Nov~ber ~; ~ ~ SA~A A~ OO~C~L ~n~nt A~lication ~77 file~ ~ S~ta A~ C~rcial C~, ~c., to rec~ssi~ ~ the A 1 to the R h District prope~y no, beast of At~ison, T~e~ ~d S~ta ~ ~i~oad betwe~ McFa~en ~d ~on. P~ C~ission Resolution 5656 rec~ended denial of applicant's pr~osal. William We~ke, 201~ Broadway, attorney for the applicant, stated that the applicatio~ is for pre-zoain~ and that Planning C~=~lssion took no action in accordance with its policy of not rec~.~m~ending rezoningmass acreage in the eastern industrial area. Guy Green, Chief Planner for Moote, Ke~pa &Galloway, Inc., 1905 E. 17th Street, also represe~tiug applicant, stated that the County has advised the City of Tustin that it considers area suitable for multi family use. Cameron Dorsey, 1718 N. Towner, representing the owner of 16 acres to be developed at the corner of I~von and McFadden, spoke in opposition, citing traffic problems, the restricted entrance area on Mcfadden, and lack of access from Lyon Street. There being no further testimony, the hearin~ was closed. O~ motion of Councilman Harvey, seconded by CounciZma~ Schlueter and carried, Council denied the reclassification without prejudice. HEARING - Vice Mayor Eubbard opened the hearing on A~I). APP. ~0 Amendment Application ~80 filed by ~URROUGNS & SEGERSTROM Burroughs and Segerstroms to reclassify from the M 1 to the C l, C 2, R ~ and R 1-6000 Districts property on the ~est side of Bristol between Warner and Talbert Avenues. Planning Commission Resolution 5560 rec~ended approval of E~hibit A.A. ~80-B, which would reclassify to the C 2, C 1, and R 1 Districts. The Clerk reported that notice of the hearing was published in The Register on November 21, 1963 and that no written communications or objections had been received. Ted Adsit, 627 Rock. ford Road, Costa Mesa, representin~ the applicants, demon- strated by a board map the key position of the 160 acres in the f~tu~re growth pattern of the southwesterm residential center, end noted the restrictions of the R 4 zone provided adequate control over development. The Planning Director c~nted that the Planning Commission considered the R 4 a good buffer but felt it would be to best interest of city to have developer come in with precise plan. There being no flxrther testimony, the hearing was closed. On motion of Councilman Harvey, seconded by Councilman Gilmore and carried, the City Council approved the reclassification and instructed the City Attorney to prepare an amending ordinance according to Exhibit AA 480-A. HEARING - AMEND. APP. ~71 BULLOCK Vice Mayor Hubbard opened the hearing on Amendment Application 471 filed by Beulah Bullock to reclassify from the County M 1 to the City R 4 District property on CITY COUNCIL - 259 - December 2, 1963 the east and west sides of Ritchey between Newport and Edinger. Planning C~mmls- sion Resolution 5658 recomm~aded denial without prejudice. The Clerk reported that notice of the hearing was published in The Register on November 16, 1969, and that no written c~-..~uications or objections had been received. Dale Heinly, 611 W. 8th Street, representing property owners Wynn, Borchards, Snows, Bullocks, Goulds~ and Missler, stated that the request was for pre-zoning of an area not yet in the city; that it could be developed in the County or in another city; and that applicants would concur with a staff recommendation for continuance until submission of the General Plan Progress Report. On motion of Councilman Harvey, seconded by Councilman Schlueter and carried, Council continued the hearing to January 20, 1964, 7:30 p.m., in the Council Chamber, 217 North Main Street. HEARING - Vice Mayor Hubbard opened the hearing AMEND. APP. ~1 on Amendment Application ~81 filed CASE SWAYNE CO. by Case Swayne Company, Inc., to reclassify property from the R 2 to the M 1 District on the north side of Palm between Wright and Mabury Streets. Planning Commission Resolution 5659 recommended approval of Exhibit A.A. 481-A. The Clerk reported that notice of the hearing was published in The Register on November 16, 1965, and that no written communications or objections had been received. William Wenke, 2014 N. Broadway, attorney for the applicant, stated that the c~m~any was unable to obtain a loan because of the non-conforming use; that under present ordinances, if major repair work were needed, c~y is hindered on the basis of assessed valuation; and it is necessary to protect sizable investment that employs large number of people and has been in operation long before there were any homes in the area. Claude M. Hunter, 1654 E. 4th Street, presented a petition in opposition from about 73 property owners in the area. On motion of Councilman Harvey, seconded by Councilman Gilmore and carried, Council received and ordered filed the petition. Mr. Hunter stated tbmt the applicant's legal description was vague as to the area to be reclassified and cited as reasons for denying the application, the possibility of expansion by the company, around-the-clock operation of the busi- ness, possible sale to any M 1 industry, excessive noise and odors, all of which would devaluate property values in the neighborhood. W. G. Statemen, 308 N. ~Jright, spoke in opposition, submitting four pictures showing traffic congestion and improper purking by trucks in the area. On motion of Councilman Harvey, seconded by Councilman Gilmore and carried, the pictures were received and ordered filed. Mrs. Mason, 16~4 E. Palm, also spoke in opposition noting lack of parking. Mr. Wenke cited the Cai Compack Company rezoning to M 1 as setting a precedent for this case. Amos Swayne, 19241 Canyon Drive, Orange, stated that his company had no plans to expand as there was insufficient land to do so, and that improvements would be interior only. There being no further testimony, the hear- ing was closed. On motion of Councilman Harvey, seconded by Councilman Gilmore and carried, Council approved the reclassification and instructed the City Attorney to prepare an amending ordinance according to E~hibit A.A. ~81-A. HEARING - Vice Mayor Hubbard opened the hearing APPEAL 105 continued frem November 18, 196B on V.A. 18~2, GONZ~LW~ Appeal 105 filed by Louis E. Gonzales from the Planning Commission' s denial of Variance Application 18~2 to operate a drive-in food service at 2~28 W. McFadden in the R 2 District. C~TF COUNCIL - 260 - December 2, 1963 Acting on a letter dated November 29, 1963 from Gilbert and Tarr~ attorneys for the appellant~ Council continued the hearing on Appeal 105 to December 16, 1963 at 7:30 p.m. in the Council Chamber at 217 North Main Street, on motion of Councilman Harvey, seconded by Councilman Schlueter and carried. HEARING - Vice Mayor Hubbard opened the hearing on APPEAL lll Appeal lll filed by the Director of V.A. 1855~ PERKINS Public Works from the Zoning Administrator's approval of V.A. 1855 (Arthur L. Perkins) to waive block wall requirement between commercially zoned and residentially used property at 1916 W. 17th Street, requesting attachment of a condition to require dedication on 17th Street to bring the property up to standard of adjoining properties. The Clerk reported that notice of the hearing was mailed to adjacent property owners November 26~ 1963, and that no written communications or objections had been received. The Director of Public Works, Hugh Foreman, stated the purpose of the appeal was to obtain dedication of ten feet on 17th Street, to align the property at curb- line with adjoining properties. Arthur Perkina~ 2912 W. 17th Street~ applicant for Variance Application 1855, objected to the dedication requirement. There being no f~rther testl~ny~ the hearir~wms closed. 0~ m~tion of Councilman Harvey, seconded by Councilman Schlueter and carried, ~uucil upheld the action of the Zoning A~ministrator and instructed the City Attorney to prepare a resolution de~ying the appeal. EEAR~NG - Vice Mayor Hubbard opened the hearing on APPEAL 112 Appeal Application 112 filed by David E. V.A. 18B4, KELL~ ~eller from the Planning Commission's denial of V.A. 1834 to construct a 120 u~it, one and two story apar~ut complex on R 1 property at 1901 N. Santiago. The Clerk reported thatnotice of the hearing was mailedto adjacent property owaers on November 26, 1963, ~ that letters of protest had been received from the following: Elizabeth and Derek Richell, 2410 N. Hathaway Lane, Harold T. and Juanita R. Craig, 806 E. Catalina Avenue, Mr. and Mrs. C. W. Dozier, 2311 Valencia, Mrs. Jessie F. Emrick, 2~22 N. French~ Mr. and Mrs. John .c~ith, 2524 N. Fairmont, Ralph B. Lycan, 706 Catalina Avenue, Mr. and Mrs. Chas. Waffle, 2424 Valencia, Miss Helen Kennedy, 2530 Santiago, Clarence A. Kennedy, 2530 Santiago, ~Theodore Solomon, B14 E. 22nd Street, and Walter L. Harwood, 21lO Santiago Avenue. On motion of Councilman Schlueter, seconded by Council~n Harvey and carried, the letters were received and ordered filed. Robert Rickles, 611 W. 8th Street, representing the appellant, submitted a brochure of his testimony favoring the application. On motion of Councilman Harvey, seconded by Councllm~u Schlueter and carried, Council received and ordered filed the brochure. Mr. Rickles made a presentation of economic infor- mation from the brochure and added that a comparison of residence sale prices around Sherry roue apartment development had revealed 'that recent sale prices had exceeded those of 1962. He noted a survey on Mabury Street revealed that residents had feared their property would be devaluated by apartments, but after completion of a garden type complex, property values had risen slightly; that the proposed type of garden apartments would make an excellent buffer for the R 1 property. Mr. Rickles quoted from the Planning Commission's report dated November 11, 1963 and made comparisons with variances already granted.~ He also mentioned that no Findings of Fact had been made at the Planning Commis- sion hearing. Ci~ COUNCIL - 261 - December 2, 1~63 Nathan Tarr, 902 Avalon, property owner within 300 feet and attorney represent- ing protestants, evaluated the emotional and legal aspects of the problem. Emotional factors involved tradition, precedent, vested property rights and good faith. He denied that grounds for a variance had been established and quoted a court decision regarding self-induced hardship. Ne stated Plaguing Commission did not have brochure Just submitted and cited court case regarding evidence produced by persons present at hearing; stated increased revenue has nothing to do with granting of variance. Eerwin ~acobs, 915 Avalon, stated there was no hardship to property and buffer required of Guaranty Chevrolet variance was .adequate to protect the R 1 area. He submitted a petition with over 1,000 signatures of persons requesting denial Of the appeal. 0~ motion of Counc~ma~ Schlueter, seconded by Couuc~lm-~ Narvey and carried, Couacil received and ordered filed the petition. Eugene H. Westmeyer, 6~ E. 20th Street, starch that no hardship existeH but ~wner did not want to sell because of tax purposes. Also speaking in opposition were Harold Craig, 806 E. Catalima, noting the distance of apartments referred to by Mr. Rick. les and that approval would set pattern for new apar~mente. William E. Riggle, 2118 Santiago, requested the reading of Mr. ~arwood's letter, and upon approval of the Council, the Clerk read the letter in full. Mr. Tarr commented that Mr. Xeller had leased the property about a year ago with f,,l~ knowledge that the property was R 1. There being no further testimony, the hearing was closed. It was moVed by Counc41m*u G~lmore, seconded by Counc~lm~n Schlueter, that the matter be continued to the meeting of December 16 for further study by Council. Cou~cilmau Narvey voted "No" amd Vice Mayor Hubbard declared the motion lost. A motion by Councilman Narvey to uphold the action of the Pla-~ing Commission and instruct the City Attorney to prepare a resolution denying Variance Appli- cation 183~ was lost for lack of second. It was moved by Councilman Harvey, seconded by Councilman Gilmore and carried, that action be continued to December 16, 1963. NEARING - AMBULANCE S~V~CE in the City of Santa ~na. Vice Mayor Hubbard opened the hearing on an application for Certificate of Public Convenience and Necessity filed by Windh Ambulance Service to operate one ambulance The Clerk reported that notice of the hearing was pub- lished in The Register on November 26, 196B and mailed to applicant and present Certificate holders on November 22, 1963; that communications supporting the application had been received from the following: Dr. L. I. Bonin, 2101 W. Edinger Avenue; Dr. P. W. ~mbert, 1510 N. Grand; Betty J. Thompson, Administrator, Doctors Hospital, 1901 N. College Avenue; Allan G. Brown, 430 Milford Road, Orange; and a petition with approxtm-tely 75sign~turesand one'with approximately 25 signatures. The Clerk reported further that a ~emorandum in opposition had been filed by William F. Acker and Bright Morgan. The applicant, ~avid Windh, 555 So. C Street, Tustin, cited the city's ordinance authorizing an ambulance for every 20,000 inhabitants, noting that Acker operated one in Santa Aha, one in Garden Grove, and one in Orange, and Morgan operated two in Santa Aha. Lyle Grimble, 202~ S. Rene, spoke in support of the application, stating the city could support another ambulance. William Acker, 2227 S. Bristol, of Acker Ambulance Service, stated in opposition that the city was well protected and could not support another ambulance, that cut rates might result, and that there has never been a time when one of the two services was not available. CITY COUNCIL - 262 - December 2, l~6B He also stated he kept only one vehicle in Santa ~na because of the variance granted him, and he could not Justify having three in this city at one time. Vice Mayor Hubbard questioned a Police Sergeant present, who stated that to his knowledge, on his shift, there had been only about two or three times in the past year when more than two smbulances were needed in a twenty min- ute interval. Bright Morgan, 1322 N. Sycamore, owner of MorganAmbulance Service, supported the testimony of Mr. Acker, stating he is operating two ambulances in the City, and requested denial of the application. There being no further testimony, the hearing was closed. It was moved by Councilm-~ Gilmore, seconded by CoD]~ctlmau Schlueter, that the Council find that further service of this type is required in the City by the public convenience and necessity, that applicant is fit, willing, and able to perform such public transportation and to conform to the provi- sions of the Code and rules and safety standards established by the City; and grant the Certificate. Counc~m~_~ Narvey stated he believed action should be delayed and further information sought from the Police Department on such items as gaps in service, etc, The motion carried on the following roll call vote: AYES, COUNCILMEN: Gilmore, Schlueter, ~ubbard NOES, COUNCILM~: Harvey ABSENT, C0UNC~: Hall ORD. NS-696 On motion of Counc~lm-n Harvey, ANNEXATION seconded by Counc~lm-- Schlueter and carried, Council continued to January 6, 1964 action on ORDTNANC~ NS-696 D~CLARING THE~NNEXATION O~T~RRIT0WY DESIGNATED "IRVINE'S SUBDIVI- SIONANNEXNO. i - REVISED". ORD. NS-698 ORDINANCE NS-698 AM~IDrNG ARTICLE A.A. 473 - GRIMM IX OF THE SANTA ANA MUNICIPAL COD~ TO CHANGE DISTRICT CLASSIFICATION ON A~ENEMENT APPLICATION NO. 473 AND AMENDING SECTIONAL DISTRICT MAP 28-5-10 (EXHIBIT A^ ~73 A) was read by title. It was moved by Councilman Harvey, seconded by Councilman Schlueter, that further reading be waived and Ordinance NS-698 be adopted. On roll call vote: AYES, COUNCILMEN: NOES, C0UNCTLMEN: ~BSENT, COUNCILMEN~ Harvey, Gilmore, Schlueter, Hubbard None Hall CITY COUNCIL - 263 - December 2,1963 ORD. NS-702 0RDINANCM NS-?02 A~ENDING ARTICLE IX A.A. 479 OF '-'n~ SANTA ~ MUNICIPAL CODE TO PLANNING CON. CHANGE DISTRICT CLASSIFICATION ON A~ APPLICATION 479 AND ING SECTIONAL DISTRICT MAP lO-5-10 (~IBIT A.A. 479 A) was introduced by title. It was moved by Councilman Harvey, seconded by Councilman Gilmore, and unani- mously carried, that further reading be waived and Ordinance NE-702 be passed to second reading. ORD. NS-?O1 ORDINANCE NS-701 AMENDING ARTICLE IX A.A. 476 OF '.'~s SANTA ANA MUNICIPAL CODE TO KLEIII~ CHANGE DISTRICT CLASSIFICATION ON AM~ APPLICATION 476 AND ~- ING SECTIONAL DISTRICT NAP 16-5-10 (EYMI~IT A.A. 476 C) was introduced by title. It was moved by Councilman Harvey, seconded by COU~ctlm~n Gf!more, and ttuani- mously carried, that further reading be waived and Ordinance NS-701 be passed to second reading. ORD. NS-700 ORDINANCE NS-700 AMENDING ARTICLE IX A.A. 475 OF THE SANTA ANA MUNICIPAL CODE TO BUVINICH CHANGE DISTRICT CLASSIFICATION ON A~E~D~IT APPLICATION 475 AND AMEND- ING SECTIONAL DISTRICT MAP 15-5-10 (E~HIBIT A.A. 475 B) was introduced by title. It was moved by Councilman Harvey, seconded by Councilman Gilmore, and unani- mously carried, that further reading be waived and Ordinance NS-700 be passed to second reading. ORD. NS-699 A.A. 464 HIDLE ING SECTIONAL DISTRICT MAP 9-5-10 (EXHIBIT ORDINANCE NS-699 AMENDING ARTICLE I~X OF THE SANTA ANA ~NICIPAL CODE TO CHANGE DISTRICT CLASSIFICATION ON AMENE~ APPLICATION 464 AND AMEND- A.A. 464 A) ~ TEE PLANNING C0~- ISION ~ECO~2~DED D~IAL was introduced by title. It was moved by Councilman Harvey, seconded by Councilman Gilmore, and unanimously carried, that further reading be waived and Orally-nee NS-699 be passed to second reading. oRD. Ns-7o3 INTOXICATION ORDINANCE N$-703 AMENDING SECTIONS 4250. AND 4251. OF PART 5--INTOXICA- TION OF ARTICLE l~f OF '.'~. SANTA ANA MUNICIPAL CO~ AND REPEALING SEC- TIONS 4250.1, 4250.2 AND 4252 was introduced by title. It was moved by Counc~lm-n Harvey, seconded by Counci~mau Gilmore, and unanimously carried, that further reading he waived and 0rdl~ence NS-70B be passed to second rending. RES. 63-195 CONDEMNATION was read by title. Gilmore, that further reading be waived andResolution 63-195 be adopted. roll call vote: RESOLUTION 63-195 AUTHORIZING CON- D~IATION OF T~F0~ EAS~FOR WAT~MAINAND SANITARY SE~ER PURPOSES (Vicinity of Sunflower and Flower) It was moved by Councilman Harvey, seconded by Councilman AYES, COUNCII~EN: Earve~,Gilmore, Schlueter, Hubbard NOES, COUNC1VN~EN: None ABSENT, COUNCILM~: Hall CITY COUNCIL - 264 - December 2, 1963 RES. 63-191 Dale Hetnly, 611 W. 8th Street, attorney V.A. 1851 - NEES representing the applicant an~ appellant for Variance Application 1851, requested the Council to reconsider its decision to deny the variance because he believed the decision would have been favorable if the proposed business was other than a liquor store. Councilman ~rvey stated his motion to deny was not based on the fact that a liquor store was proposed. RESOLUTION 63-190 UPHOLDING THE DECISION OF ',',~.' PLANNING C0~SSION AND D~ING VARIANCE ON APPLI~ATI(H~ NO. 1851 FIT.~ BY J(~ F. NEES was read by title. It was moved by Oounoi!~_-.~ Harvey, seconded by ¢ouno~m~ O~ore, that further rea~i~ be waive~ ami Resolution 63-191 be adopted. On roll call vote: AYES, NOES, COUNOILM~: ABSENT, Harvey, Gilmore, Schlueter, Hubbar~ None C~13 RES. 63-190 RESOLUTION 63-190 AFFIi%~INO '~'.~. ~CISION V.A. 18~0 OF THE PLANNING C0~ISSION TO ~1~ A HOSPITAL V~RIANCE ON APPLICATION NO. 1850 FI~.~n BY GOEI~S AND MA~K HOSPITAL~ INC. ~ St~JECT TO CONDTTI(~S was read ~y title. It was moved by ~ounc~m-~ Harvey, seconded by Counc~m-" G~re, that further ree~_= be waived and Resolution 63-190 be adopted. On roll call vote: A~ES, ¢OU~¢II/~EN: NOES, COUNCIlmEN: ABS~T, COUNOILM~: Harvey, Gt~-ore, 8ehlueter, Hubhaxxl None Hall ~A/J ~ES. 63~189 RESOLU2ION 63-189 UPHOLDING '-'~'. DECISION V.A. 18~ - AI~ES OF ~ Z~ ~1=~'~ ~ ~G ~ ~OT.~ V~CE ~ V~ ~I~TION NO. FTT.~ BY ~ ~ ~ JACK D. G*~-~, ~t ~r re~ be ~iv~ ~ ~esolution 63-189 be a~a. roll c~l vo~: AYES, NOES, ABS~T, COUNCIl: Harvey, O~-~re, Sc~lueter, ~ubbax~l OOt~CiLMEN: None COU~OILM~.~: Hall RES. 63-187 RESOLUTION 63-187 APPROVING '£~ ~ClSION V.A. 1813 OF ,.c~.m Pr_~NlqI]4~, COMMISSION T0 O~ A CO~ V~OE ON V~ ~I~TION NO. 1813 F~.~ BY W~T~ W. O0~ ~D ~ H. O0~; ~O ~ P~G OO~ION'8 ~I8ION TO ~OL~E 'l'~ 8~OE STA- TION P~ION ~ ~ID V~OE ~D ~I~ ~ID V~CE ~ R~T~ 0N ~LI~TION N0. 1~3, ~ ~ ~IONS ~s ~ by ti~e. It ~s ~ve~ by waived ~d ~solution 63-187 Be a~p~d. ~ ~ c~l vo~: AXES, COUNCILMEN: NO~, COUNCIL~: ABS~T, COUNC~: Harvey, Gilmore, Schlueter, Hubbard None OIT~ COUNCIL - 265 - December 2, 1963 RES. 63-196 QUITCLAIM DEEDS were submitte& to Council for approval. Quitclaim deeds to owners of record for vehicular access rights to First Street west of Tustin Avenue, and to Edinger Avenue and Standard Avenue RESOLUTION 63-196 AUTHORIZI2~G EXECUTION OF TWO D~.~S GRANTING VEHICULAR ACCESS RIGHTS TO 0WN~ OF REC0~D was read by title. It was moved by Councilman Harvey, seconded by Councilman Gilmore, that further reading be waived and Resolution 63-196 be adopted. On roll call vote: AYES, COUNCII24~: NOES, COUNCILMEN: ABSEN2, COUNCI~: Harvey, Gilmore, Schlueter, Hubbar~ None Hall RES. 63-192 D~nS-NO CASH of Edinger Avenue east of Moha~k Drive. Deed for acceptance was submitted from Lawrence Siegel, Lawrence I. Bo~in, Konstantin Sparkuhl, ami Robert F. Robinson, street easement, north side RESOLUTION 6~-192ACCEPTING A D~WNERETHE CITY IS PAYING NO CASH CONSIDERATION was read by title. It was moved by Council~s~n Harvey, seconded by Councilman Gilmore, that further reading be waived and Resolution 63-192 be adopted. 0~ roll call vote: AYES, COUNCILM~: NOES, COUNC ILMEN: ABSENT, COUNCI~M~: Harvey, Gilmore, Schlueter, Hubbard None Hall /'~'~" RES. 63'193 Dm~uS & ESCROW Deeds and Escrow Instructions were submitted for acceptance frc~ the following: Moto Tashiro, real property, Ns/Edinger and Es/Flower, Escrow No. 50~77-K, $9, ooo.oo. Ethel M. Coffman, removal of appurtenancy from Lots 15 and 16, Tract 731; and a quitclaim deed to Santa Aha Valley Irrigation Co., Escrow No. 50665-K in the smount of $20.00. Eva P. Osborn, removal of appurtenancy, Lots 1 and ~ of Block 5, Bakers Addition; and a quitclaim deed to the Santa Aha Valley Irrigation Co., Escrow NO. 50666-K, in the amount of $950.00. Edward C. Hagthrop, Jr. and Alice J. Hagthrop, Removal of Appurtenancy of Santa Ana Valley Irrigation Co. Water Stock, for real property in the City of Sauta Aha, Escrow No. 50667-K, $700.00. RESOLUTION 63-193 ACCEPTING D~DSWHERETNECIT~ IS PAYING A CASH CONSID~21ATION (Osborne, Coffman, Hagthrop, Jr., et ux, Citizens National Bank, Tashiro) was read by title. It was moved by Councilman Harvey, seconded by Councilman Gilmore, that further reading be waived and Resolution 63-193 be adopted. On roll call vote: AYES, COUNCILMEN: NOES, COUNCIIREN: ABSENT, COUNCILMEN: Harvey, Gilmore, Schlueter, Hubbard None Hall CITY COUNCIL - 266 - December 2, 1963 RES. 63-197 RESOL~TION 63-197 CONCerNING TRAFFIC TRAFFIC REGUI~TIONS (Prohibiting stopping on 17th Street) was read by title. It was moved by Counc~lm-- Harvey, sec- onded by Counc~lm-n Gilmore, that further reading be waived aud Resolution 63- 197 be adopted. 0~ roll ¢,ll vote: AYES, C0t~NCILM~: NOES, COUNCILM~2~: ABSENT, COUNCII~E~: Harvey, Gilmore, Schlueter, Eubbard None Hall AG~ On motion of Councilman Harvey, sec- SOIL INVESTIGATION onded by Councf lm~ Schlueter and carried, Council authorized execu- tion of an agreement with LeRoy Crandall and Associates, Consulting Foundation Engineers, for a soils investi- gation and report at a fee of $2,650.00 for the South Reservoir. AGRE~2~T - STREET 0~ motion of Counct~m~n Harvey, sec- IMPROV~ITS, KILROT onded by Counc~lm-u Schlueter and carried, Council authorized execution of an agreement with John B. Kilroy guaranteeing improvements on Harbor Boulevard in accordance ~ith C.U.P. 152, Condition No. 3 under Utility Release. CEANGE ~RD~ - PRO~ECT C-96 ~n motion of ~ctlm.~ ~ey, sec- o~ed by ~cflma, Sc~ue~r ~d c~ried, C~cil a~ed ~er No. i ~ a contract ~ ~us- trial Contracti~ ~. for t~ reconst~ction of ~sey Street f~ St. ~ews to app~xtm~tely ~ feet sou~, ~Ject C-~. PRIVATE PATROL Om motion of Cou~c~lm~ Harvey, sec- onded by COl~cflm~n Gilmore and car- ried, Council approved as recommended by the City Manager, granting of lic- ense to Western B~reau of Investigation to operate security service in the City of Santa Aha. STREET VACATION On motion of Councilman Harvey, sec- onded by Cou~cflm~ Schlueter amd carried, Council postponed to Decem- ber 16, 1963 action on a proposed street vacation at the southeast corner of Edi~ger and Fairview Streets requested by Stater Bros. Markets. CROSSWALKS & SIGNS On motion of Coun¢~lm~ Gilmore, sec- MAPLE AND WALNUT onded by Counc~lm~ Schlueter and carried, Council received and ordered filed Director of Public Works' report dated November 15, 1963; approved reccmnnendation to inst~l crosswalk across Chest- nut Avenue at Maple Street and school crosswalk across Maple Street at Walnut Street; and denied request for stop signs on Walnut at Maple Street. CIT~ COUNCIL - 267 - December 2, 1963 PRE. RECORD OF SURVEY 336 Council again considered Preliminary Record of Survey Map 336 filed by Standard Pressed Steel, creating two lots at the northeast corner of Harbor and Segerstrom, action having been contimued from several prior meetings. Dale Hetnly, 611 W. 8th Street, attorney for the subdivider, requested waiver of the drainage fees on the portion of property already developed and waiver of side- walks on Harbor Boulevard. It was the opimion of the City Attorney that waiver of the drainage fee was not possible under the wording of the Municipal Code. It was moved by Counctlm-n Harvey, seconded by Councilman Gtlmore, that the Council approve Preliminary Record of Survey 336 subject to the conditions described in the Planning Director's Report dated October 3, 1~63 with the ex- ception that the side~lks in Condition C thereof sh~l I not be required to be constructed until such time as sidewalks are required of or constructed on properties to the north or to the south of subject property on Harbor Boulevard, but that the subdivider shal 1 file a bond covertng the esttm-ted cost of the sidewalk construction. The motion passed on the following roll c~11 vote: AYES, COUNCILM~: Harvey, Gilmore, Hubbard NOES, COUNCI~EN: 'Schlueter ABS~: COUNCILMEN: Hall CROSSING GUARD COSTS On motion of Counc~lmRu Harvey, sec- onded by Couzlctlman Schlueter and carried, Council instructed the City Attorney to prepare a resolution recommending legislation to force school districts to contribute toward expenses for school crossing guards. PRE. REC. OF On motion of Councilman Harvey, sec- SURVE~ 341 onded by Couactlm-~ Schlueter and carried, Council approved Preliminary Record of Shzrvey 341 filed by Fred A. Mangold creating two C 5 lots at the northeast corner of Wright and 18th Streets, subject to the conditions outlined in the pIA~ing Director's report dated Novem- ber 18, 1963. PP~. REC. OF On motion of Councflm~n Harvey, sec- SURVE~ 342 onded by Counc~lm-~ Schlueter and carried, Council approved Preliminary Record of Survey 342 filed by Herbert Snow creating two R 1 lots between 5th and 6th Streets approximately 470 feet west of Rosita Street, subject to the conditions outlined in the planning Direc- tor's report dated November 18, 1963. PRE. REC. OF On motion of Counc~lm~- Harvey, sec- SURVEY 343 onded by Counc~lm~ Schlueter and carried, Council approved Preliminary Record of Survey 343 filed by ¥orba Investment Co. creating two A 1 lots on the west side of Flower Street south of the Pacific Electric Railway right of way, subject to the conditions outlined in the Planning Director's report dated November 18, 1963. Ci~ COUNCIL - 268 - December 2, 1963 PRE. REC. OF SURVEY 344 On motion of Councilman Harvey, seconded by Councilman Schlueter and carried, Council approved Prelimtn-ry Record of ~ey filed by Rand Development Co. creating three C 2 lots at the southeast cor~er of Bristol Street and Central Avenue, sub- Ject to the conditions outlined in the Pl-~ntng Director's report dated November 26, 1963. PRE. REC. OF SURVET 345 O~ motion of Cou~c~lm~ Harvey, second by C~ctlm~- Sc~ue~r ~d ca~ied, Co~cil app~ved ~el~ Record of ~ey B$5 filed by V. L. N. Const~ction ~., creat- i~ o~ A 1 lot and t~ C 2 lots on t~ west side of ~r~r ~eva~ app~xi- ~ly 660 feet south of McFadden Ave~e, subject ~ the co~itions ou~ined in ~e Pl~nl~ Direc~r's re~ ~d November 26, 1~3. FINAL NAP - TRACT 4951 Final Map, Tract 4951 was filed by Yorba Investment Co. to create 187 lots llB1 feet north of Sunflower Avenue and west of Flower. It was moved by Councilm-~ Harvey, seconded by Councilman Gilmore and carried~ that Council appr~¢e Tract Map 4951 subject to submission of agreement and bonds, accept the dedications thereon, and authorize execution of the subdivision agreement° PLANNED CO~N~Ni~I~ On motion of Councilman Harvey~ seconded by DEVELOPM~IT Counc~lm~ Schlueter and carried, Council received and ordered filed a Minute Order from the Planning Commission suggesting revision of the PCD Ordinance to allow develol~ment of acreages under the size of 640 acres, to which the ordinance is now limited; and referred the matter to the staff for study and rec~ndation. TRAFFIC SIGNAL On motion of Councilman Harvey, seconded by Councilman Gilmore and carried, Council received and ordered filed a latter from Mrs. Gussie L. Thorne requesting a traffic sig~-~ on 17th Street at the off-ramps from the Santa Aha Freeway and instructed the City Maneger to notify her of the Division of Highways' Jurisdiction at this intersection. W~w~ REMOVAL CHARGES On motion of Counc~m-n Harvey, seconded by COunCilman Scblueter and carried, Council authorized the proper authorities to reim- burse weed removal charges to Glean Well- Ington, 9B8 W. Camile, $28.72, and James M. Pepper, 2402 N. Oakmont Avenue, $10.18, after submission of evidence that ,11 196B-196~ taxes have been paid to County Tax Collector. TRACTS 4890 & 5115 final maps for Tracts 4890 and 5115. On motion of Councilman Harvey, seconded by Coll~c~lm~ Gilmore and carried, Council denied the request from Argus Homes, Inc., for rescission of previous approval of CITY COUNCIL - 269 - December 2, 1963 SOLICITATION REQUEST On motion of COunc~m~n Harvey, seconded by Counc~lm~n Of]more and carried, Council granted request of Fairview Therapeutic Pool Volunteers for an extension of time to December 31, 196~ of permission to solicit by public appeal, funds for construc- tion of a Therapeutic Sw4mmiDg Pool for patients at Fairview State Hospital. SOLICITATION REQUEST On motion of Counct 1man Harvey, seconded by Council,~n Schlueter and carried, Council approved the request filed by Blue Star Mothers of America, Inc., to sell tickets and program advertising space through February, 1964 for the "Orange County Military Ball." PARKqNG REQUEST On motion of Counc!lm-u Harvey, seconded by Councilm-n Schlueter and carried, Council received and referred to City Manager for study and reportt a letter signed by several businesses in ~he vicinity of Broadway, 10th to Washington, for a survey of par~i~ in the area for possibility of one h~ur park/~ meters an~ for 24 m/nute parki~ on west side of Broadway between 10th a~ Halesworth. D0~ BOWL Oa motion of Counci~ Harvey, seconded by Counc~m-~ Schlueter and carried, Council received au~ referred to City Manager for study and report, a request frma the Down- town Bowl for possible two hour parking in the area. DOWIITOWN MUSIC On motion of Council,~ Harvey, seconded by Councilman Schlueter and carried, Council approved request of Downtown Santa Ann Association to place six amplified speakers to each block on each side of 4th Street between Spurgeon and Broad~y and to hang ~ires across city streets, for the purpose of playing music, subject to the approval of the State Division of Highways. RES. 63-1k4 R~0LUTION 63-144 OF '£~: Cm COUNCIL OF BUILDING REGULATIONS T~ CITY OF 8AIiTA ANA REQUESTING THAT Tam BUILDING STANDARDS C0)~ISSION OF T~E STATE OF CALIFOI~ ADOPT T~E UNIFOPJ4 BUILDING CODE, UNIFORM HOUSING CODE, UNIFORM PLUMBING CODE, ~ NATIONAL ~m.~CTRIC CODE AND U,'~ NATIONALLY RECOGNIZED STANDARDS BY REFACE IN ALL THEIR NEW STATE BUILDING ~iTmI,0~NS was readt~aYttitle. It was moved by Councflm~n Schlueter,. seconded by Counc Gilmore, ha further reading be waived and Resolution 63 14~ be adopted. On roll call vote: AYES, COUNCI/R~: NOES, COUNCILMEN: ABS~IT, COUNCIIREN: Harvey, Otlmore, Schlueter, Hubbard None CIT~ COUNCIL December 2, 1963 WRz',u'E~ CO~dNICATIONS 0n motion of Councilman Schlueter, sec- onded by Councilman G~lmore and carried, Council received and ordered filed the following c~m~unications: TRAFFIC REP0~T- Report of traffic control devices removed or inst-ll ed during period 11/11/63 through 11/~6/63. ORmWG .- Resolution recommending legislation which would prevent State agencies from preempting the field of local building regulations. CON=A.~LT~TION SPEC~CATION CEANGES- Copy of letter to Public Works Director from Engineeri~ and Grading Contractor's Association requemting notification of proposed in construction specificatioms. E~G~"Z CO~$~dNICATIONS- Letter from Radio ~mergency Associated Citizens Team (REACT) describing emergency cc~municatione available through citizens band two-way radio facilities. LIQU0ffi~ LICENSE APPLICATI0~S- Me'N-~is Pizza Parlor, 1180 S. Bristol - NEW ON-SALE The Galaxy, 900 N. Broadway - ON-SALE G~ VARIANCE AND CONDITIONAL USE P~tMIT DECISIONS- c~/3 Ma~e by the Planning Commission or Zoning ~mtnistrator, on which no appeals have been filed. V.A. 1812, peterson & Rose - to construct an 18 building, 72 unit two story apartment cmmplex at ~626-4718 W. 5th Street - APPROVED. V.A. 1819, Eggleton - to replace existing residence with new home on R 1 lot containing 2 duplexes at 919 N. Euclid - APPROVED. V. A. 1852, Markum - to construct second dwelling unit on rear of three R 1 lots at 518 W. Edinger - APPROVED. V.A. 1853, Gill - to construct third dwelling unit on front of R 2 property at 3311 W. Cam! le - APPROVED. V.A. 1856, Catholic Church - to construct 16' x 22' room within 9'6" of rear property line at 707 S. Maxine - APPROVED. V.A. 1858, Alvarado - to construct three dwelling units on R 1 prop- erty containing existing dwelling at 5107 W. 7th Street - APPROVED. ~ 7P ADVISORY C~EE On motion of Councilman Harvey, sec- onded by Counc~lm-~ Gilmore and car- ried, the following persons were appointed to the Citizens Advisory C~mmtttee for the General Plan Program: Mr. and Mrs. Cameron Dorsey, Alvin T. Heisser, Sgt Thomas M. ~ey, and Mrs. Leonard Robbins., SIG~ E~CROAC~ENT On motion of Councilman Harvey, sec- onded by Counc~m-~ Schlueter and carried, Council approved, subject to approval by the Plenning Director, an agreement with Animal Medical Center, Eendal P. Svedeen, D.V.M., for encroach- ing sign at 1414 N. Harbor Boulevard. CITY COUNCIL - 871- - December 2, 1~63 SOLICITATION REQUEST On motion of Councilman Harvey, seconded by Councilman Sch-lueter and carried, Council approved the request of G. T. Dickinson, pastor of the Seventh-day Adventist Church to solicit funds from December 7 to December 31, 1963 for medical, educational and welfare work. RESZGNATIONS Letters of resignation from the Citizens ADVISOR~f CO~4ITTEE Advisory Committee for the General Plan Program were received from Mrs. Loule Boer and Mrs. Frankye Andres. It was moved by Councilman Harvey and seconded by Councilm-n Schlueter that the letters be received and filed, the resignations be accepted, and letters of mendation for outstanding service and interest in the cc~...~uity be presented to each. Acting upon the request of Gordon Bricken, 811 N. Minter, that the Executive Com- mittee have an opportunity to discuss the matter, Counctlm-u Harvey withdrew his original motion and moved that Council receive and file the letters and delay further action until word is received from the Executive Committee. The motion was seconded by Councilman G~lmore and carried. AMBULANCE 0~qDINANCES Mr. Acker of Acker Ambulance Co. stated that Ordinances NS-321 and NS 454 were in conflict and asked on what basis Council granted the Certificate to Windh Ambulance Service. The Mayor asked the City Attorney to review the matter and to report to Council at its next meeting. EE~EJiSION OF CD AMENDMENT ORDINANCE NS-707 EXTENDING THE ~mFECT OF INT~IM ZONING ORDINANCE N8-667 PROVIDING FOR C-5 USES IN TEE CD DIS- TRICT was introduced by title. It was moved by Councflm-n Harvey~ seconded by Councilman Schlueter and unanimously carried, that further reading be waived and Ordinance NS 707 be passed to second reading. ADJOURNMENT man Schlueter and carried. There being no further business to come before the Council, the meeting was adjourned at 11:30 p.m. on motion of Councilman Harvey, seconded by Council- Correction by action on December 16, 1963 DORIS M. BROWN CL~K OF ',T~ COUNCIL RES. 63-194 RESOLUTION OF THE CITY COUNCIL OF THE CITY SPECIAL COUNSEL OF SANTA ANA, CALIFORNIA, APPROVING AND ASSESSMENT DISTRICT 220 ORDERING THE ~ECUTION OF AN AGREEMENT EMPLOYING SPECIAL COUNSEL (Assessmen~ ~isbrict No. 220) was read by bitle. It was moved by Council-man Harvey, seconded by Councilman Gilmore, that further reading be waived and Resolution 63-194 be adopted. On roll call vote:~ AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNC II/~EN: Harvey, Gilmore, Schlueter, Hubbard None Hall CITY COUNCIL - 272 - December 2, 1963