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Home My WebLink About08-17-1964MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA August 17, 1964 The meeting was called to order at 7:30 p.m. in the Council Chambers, 217 North Main Street. Roll call was answered by Councilmen Royal E. Hubbard, Harry H. Harvey, ~ames Gilmore, Henry H. Schlu~ter, and Mayor A. Allen Hall. Following the Pledge of Allegiance to the Flag, the Imvocation was delivered by Councilman Harvey. FRI~EIP GAVEL J. Ogden Markel, member of the People to People C~ittee, pre- sented to the Mayor a gavel from the Lions Club of Santa Aha, E1 Salvador, to be used in conducting the meeting as an expression of friend- ship from our Sister City. APPROVAL OF MINUTES N~RING - WINDH AMBULANCE On motion of Couucilman Hubbard, seconded by Counc~ 1 man Schlueter and carried, the Minutes of the Regular Meeting of August 3, 1964 were approved as mailed. Mayor Hall opened the continued hearing on application of Windh Ambulance Service to operate in City, stating that according to the Superior Court Judge's decision, the City ordinances regarding ambu- lances are in conflict and invalid. It was the opinion of the City Attor- ney that any ambulance company could apply for a business license without Council action and no further action was necessary on this application. HEARING - APPEAL 130 Mayor Hall opened the continued A & P CO. hearing on Appeal 130 filed by The Great Atlantic & Pacific Tea Company, Inc., from the Zoning Administrator's denial of Variance Application 19~2 to remove a condi- tion of approval from Variance 1892: (2a) that a ~5-foot easement from center line to property line be provided on Bristol Street. On motion of Councilman Hmbbard~ seconded by Councilman Schlueter and carried, Council continued the hearing to September 8, 1964, 7:30 p.m. in the Council Chamber, 217 North Main Street, as requested by the appellant. CITY COUNCIL - 32 - August 17, 1964 EEARING - APPEAL 133 Mayor Hall opened the he&ring on Appeal BEAR STATE B~L~RS, INC. 133 filed by Bear State Builders, from the Plamuimg Commission's denial of Variance Application 1974 to construct a l0 ~mit apartment that proposes parking a~d maneuvering ia street side yar~ at 1136 W. 2md Street. Cou~c~lm-- ~A~bard was disqualified from discussion a~d action in this matter because of a comflict of interest, amd left the Council table. Tbs Clerk reported that notice of the hearimg was mailed to property owmers on August 10, 1964 as required by law, and tha% no cemmmmications had been received. There being no response to the Mayor's call for testimony, the hearing was closed. Steve Lafer, City Senior Planner, stated that the appellant had agreed to work out design solution, but had not returned with revised plans. Mayor Hall called to Council's attention other buildings nearby with reduced side yard~. On motion of Councilman Gilmore, seconded by Counc~lm=n Schlueter and carried, Council overruled the action of the Planning Commission and instructed the Ci.$y Attorney to prepare a resolution granting Variance 1974, subject to applicable conditions. Councilman Hubbard resmaed his place at the Council table. ORDINANCE NS-751 TAX KATE The proposed tax rate was discussed by Council and it was determined that the rate of taxation on each $100.00 for the current year 1~64-65 would be ORDINANCE NS-751 OF TS CITY OF SANTA ANA, CALIFORF~A, FIXIN~ THE ~ ~ M~ ~~ ~ ~Y 0N ~ V~IO~ ~P~S 0F ~ 0~, ~ ~ PAY T~ B0~ ~~SS F~ ~ ~ T~ ~ ~ 1~-65, F~ ~ ~ 0F T~TION FOR ~ ~ ~, ~ ~I~T~G T~ ~ 0F C~S ON ~CH $100.00 ~R T~ V~I0~S ~ ~ S~D C~ ~ ~Y ~ 0N T~ ~0~ 0F ~ T~ ~OP~ 0F ~D C~ ~s re~ by title. It ~s ~e~ by Co~ci~ ~bba~, seco~ed by Co~ci~n Gi~re, t~t ~er rea~i~ be ~ivea ~d ~di~ee NS-751 be adored as an e~rgeney oral--ce. ~ ~11 e~l vo~: AYES, OO~NOIL~: NOE~, C0UNOIL~N: ABS~T, C0~NCILMEN: Hubbard, Narvey, Gilmore, Schlueter, Nall Hone Hone ORDINANCE NS-746 ORDINANCE NS-7~6 A~mmING A~ICLE IX A. A. 509 OF T~ ~ ~ ~IC~ CO~ ~ ROB~SON C~E DIS~ C~B~I~TION ON ~ ~LICATION 509 ~ ~- ~G ~IO~ DI~IOT ~ 4-5-9 (~"~"~ ~ 509 A) ~s read by title. It ~ ~ve~ by ~ci~ Hubbard, seco~ed by Co~c~ ~ey, t~t ~er read~ be ~ived and ~i~ce NS-7~ be adopte~. ~ roll e~l vo~: AYES, COUNCILMEN: NOES, COUNCIL~: ABSr. NT, COUNCILME~: Hubbard, Narvey, Gilmore, Scblueter, Hall None Hone CITY COUNCIL - 33 - August 17, 1964 ORDX~A~E ~8-7~7 OI~D1]~A~CE N5-7~7 ~XIG ANT~¢L~ ~ ~E DI~I~ C~S~TIO~ O~ ~ ~LICATI~ ~10 ~ ~ S~IO~ DI~I~ ~ 16-~-10 (~ ~ 510 A) ~s rend by ti~e. It ~ m~e~ by ~e~ ~bbar~, seeo~e~ ~y ~c~ ~ey, ~at ~r read- i~ be'~i~a ~ ~l~mce NS-7~7 ~e a~ea. ~ ro~ e=~ vo~: AYES~ COU~CII~: NOES, COUECIL~: ABS~T, COUNC~I~E~: Nmbbar~, Narvey, Oilmore, Sehlveter, Nall Nome lone ORDInAnCE ES-7~8 OP~m~CE ES-748 cO~ ~0~ ~ CO~G 0~. ~S-73~ D~ON C~ ~ O~CE ~-7~ ~C~S~X'~ ~OP~, re~r~i~ A. A. ~97 A, ~s rea~y title. It ~s m~ed by C~e~ ~b~, seeom~ed by C~ci~ ~ey, t~t ~er read~ be ~2ved ~d ~i~ee NS-~8 Be a~op~. ~ roll c~ voter ~OES, C~CI~: ~, C~C~: None AYES, ABS~T, ~bbar~, ~arvey, Gilmore, 8ehlueter, NIll Eone None 0RD]~AICE 18-750 ORDiNAnCE :ES-T50 AI~D~G ~ ~A ~ C~ ~Iu~ ~C~ CODE ~ ~ ~0~ 0~- ~ 0F ~ C~ ~s ~a~ by title. I% ~s ~ed by Co~c~ ~bba~, seconde~ by C~ci~a ~ey, t~t f~r rea~i~ Be ~i~ ~d Ordi~ce NS-7]0 be a~o~ed. ~ ro~ c~l vote: AYES, . COUNCIL~..: NOES, ASSE~T, C0UNC~: Nubbard, W=rvey, Gilmore, Seblueter, Nall Eoae CIT~ C0~NCIL - 3~ - Av~ust 17, 196~ ORDINANCE NB-?53 - SPECIAL ELECTION - ANNEXATION ORDINANCE NS-753 PROVIDING FO]{ TEE WOLDI~G OF A SPECIAL MUNICIPAL RL~TION ON 0OTOB~ 13, 1964 POE THE QUESTION OF A~BEXATION OF T~{RI- TORY UNDER NA~E OF "sANTA CLARA AND TOSTIN N. W. A~ATION" was introduced by title. It was moved by Councilman Hubbard, seconded by Counei~mau Earvey and carried, that flzrther rea41ng be waived and Ordinance N8-75~ be passed to second reading. ORDINANCE NS-752 ORDINANCE NS-752 COI~ECTING ~ROR IN 'l'~s C0~TING ORD. HS-737 DESCRIPTION C0~TAY~ED IN ORDINANCE NS-737 RECLASSIFYING PROP~TY, regarding A.A. 502, was introduced by title. It -*as moved by COunCilman Hubbard, seconded by ¢ouactlmau Harvey and carried, that further reading be waived and Ordinance N8-752 be passed to second reading. ORDINANCE NS-754 - SPECIAL ' ORDINANCE NS-754 PROVIDING FOR T~ HOLDING wm.W~TION - SALARY PROPOSITION OF A SPECIAL MUNICIPAL ~.~CTION ON NOV~B~ 3, 196~ FOR TEE PURPOSE OF SUBMITTING TO THE V(~£~S A CHARTER A~U~I$~T TO INCREASE ~'a~ SALART OF T~ 00UNC~ AND T~ MAYOR was introduced by title. It was moved by Councilman Hubbard, seconded by COunCilmmu Harvey and carried, that further reading be waived and Ordinance NS-75~ be passed to second reading. C~&F ~ ~- ORDINANCE NS-755 - SPECIAL ORDINANCE NS-755 PROVIDING FOR .£am HOLDING ~.~0TION - R~ OF A SPECIAL ~3NICIPAL ~.RCTION ON NOV~B~ 3, 196~ FOR TaS PURPOSE OF SUBMITTING TO THE V~'~S QUESTION RAISED BY REFE~EN~3N PETITION A~ TO WEE~ ORDINANCE N8-729 SHALL BE~0~E ,.','FECTIVE was introduced by title. It was moved by Councilman Hubbard, seconded by Counc~-=n Earvey and carried, that further reading be waived and Ordimamce HS-755 be passed to second reading. RESOLUTION 6~-119 D==.~ - NO CASE Deeds for acceptance were submitted from the following: Th~pson, street easement, northeast cormer of Cypress amd Camile; Pmrsche, street easement, south side of Alton between Main and Maple; Garretson, street easement, so~th side of Alton east of Maim; Union Oil, street easement, north side of 17th, and the west side of Broadway; Russell, street easement, south side of 17th, east of ~lish; E~a~elical Lutheran St. Peter's Congregation, street easement, southwest corner of l~th amA% Patton; Solomon, street easement, northwest corset of McFadden and Euclid; Rei+~aan, street easement, south of ~th, west of Harbor. RESOLUTION 6~-119 A¢CEPTIN~ DEEDS katie Tam CITY IS pA_WING NO CASH CONSID~A- TION ~s read by title. It ~s ~ved by CoitiOn Hubbard, seconded by Co~ci~n ~ey, ~t ~her ~adi~ be ~ived ~d Resolution 6~-119 be adop~d. ~ roll c~l vo~: AYES, COUNCILMEN: NOES, COUNCIL~: AnSi, Hubbard, Earvey, Gilmore, Schlueter, Eall None None CITY COUNCIL - 35 - August 17, 196~ RESOL~TION 6~-120 Deed and Escrow Instru0tions ~ere sub- mitted from Martin~aniel, Inc. for real property, Ss/Third, W/Rristol, Escrow ~69555-hrb, $7,150.00. ~ RESOLI~TIOR 6~-120 AU~HORIZINGEXECUTION OF A~P~A~TD=~,, TO I~q~TINDANIEL, INC. FOrA C~SH 'COR$ID~TION was read by title. It was moved by COUnC~lmm- Hubbard, seconded by Councilman Warvey, that further reading be waived and Resolution 6~-120 be adopted. On roll call vote: AYES, CO~CI~: Hubbard, Hurvey,' Gilmore, Schlueter, Hall NORS, COUNCILMEn: None ABS~f, COUNCIl: None RESOLUTIO! 6~-122 - AUTHORIZING WR ,'~r~ AR~ RESOI/F2IOR 6~-122 AUTHORIZIN~ CErtaIN M~B~S OF TaR CITY CODNCIL OF SANTA ARA TO FILE A WRITT~ AR~UM~T IN FAVOR OF ORDINANCE RS-729, TO BE SUBmenu'ED TO 'r-~. V0T~S AFT~ REFEP~DU~ PETITION FI?.~ was read by title. It was moved by Councilman Hubbard, second[ed by C~unci~-an Harvey, that further reading ~e waived and Resolution 6~-122 ~e adopted. On roll call vote: AYES, CODNCILME~: NOES, ABS~T, CO~]~CIL~E~: FLOOD CONTROL F-1 0hammel at Sunflower street. Hubbard, Harvey, Gilmore, Schlueter, HaLl None None On motion of Coumcilman Hubbard, seconded %y Co~u~cilman Harvey and carried,]Council authorized execution of an agreement with 0range County Flood Control District for LABOR A~D NAT~IAL BOND8 On motion of Councilman Hubbard, seconded by ¢ouncilma~ Schlueter am~ carried, Coumcil ordered filed requmst by eerin6 & Oradi~ Contractors Association that the 0ity require subdividers to file labor and material bonds; and instruc- ted staff to include in all future subdivision agreements a clause to comply with the chan~e ia Business a~ Profession Co~e. FAIN C0~VALESC~T A~B~LANcE Mayor Wall stated that according %o Court decision, the City ordinances regarding ambulances conflicted and were invalid, aw~ the City Attorney had declared that Fair Convalescent Ambulance Service could apply for a business license without Council action. ST~m~! VACATION On motlon of Councilman Hubbard, Seconded by Councilman Schlueter and carried, Council continued to the next meeting, staff report of investigation of request from Jemai~s, Hal~e~man, and Hoo~ for vacation of portion of Chestnut Street, east of Lyon. CITY CO, OIL - 36 - August 17, 196~ PRE. REC. OF SURVEY 369 It was moved by Councilman Hubbard, seconded by Councilman Fmrvey and carried, that Council approve Prelimi- nary Record of Survey B69 filed by Oxbow, Inc. to create two R 1, R ~ and C 1 parcels on the ~est side of Hristol, north of Segerstrom, subject to the conditions outlined in the Planning Director's report dated August 11, I~E. REC. OF SURVEY 368 It was ~oved by Councilman Hubbard, seconded by Council~am Harvey and carried, that Council approve Prelimi- nary Record of Survey B68 filed by Sachio Nakamura, creating t~o C 2 and R 2 parcels on the northeast corner of llmrbor and l~ashi~gton, subject to the conditions outlined in the Plan- ning Director's report dated August 10, 196~o PRE. REC. OF SURVEY 366 It was moved by Councilman ~uBbard, seconded by Councilman Gilmore and carried, that Council postpone to September 8, 196~ action on Prelimi- nary Record of S~rvey 366, as requested by applicant, Suburbia Enter- prises. PRE. REC. 0F SU~EY 367 It was moved by Councilm=n Hubbard, seconded by Councilman Harvey and carried, that Council approve Prelimi- nary Record of Survey 367 filed By Vernon L. Valentine, creating t~o C 2 and R 3 parcels at the southwest corner of North Main and Arnett Drive, subject to the conditions outlined in the Planning Director,' s report dated August 5, GARD~ GROVE FREEWAY On recommendation of the City Manage~, it was moved by Oounci2.~an Hubbard, seconded by Counc~'~man Schlueter and ,. carried, that the City attorney pre- pare the necessary papers for transferring the City's interest in the target range at Santiago Park, needed for construction of the Garden Grove Freeway. TRAFFIC COI~GESTION On motion of Councilman Hubbard, seconded by Councilman Schlueter and carried, Council received and referred to staff for reply a letter fro~ J. W. Pendergast, 265~ Shadow Lane, A~ahein, proposing change of intersection of Broadway 'with Santa Clara and North Park Boulevard. CO~ICATION On motion of Councilman Hubbard, seconded by Councilman Schlueter and carried, ~ouncil received and referred to staff for reply, a letter frc~ Onnolee Elli0tt, 13631 Yorba, regarding traffic conditions on 17th Street. CLAIM FOR DAMAGES On motion of Councilman Hubbard, seconded By Councilman ~=~re and carried, Council denied the claim for damages filed by Richard H. PaaBerton against the City of ~anta Ann and Chief of Police. CITY COU~CI'L - 37 - August 17, SEWAGE 0V~FLOW Alexander Bowie, ~01 West 8th Street, attorney representing the Tucker Prop- erty on 17th Street, spoke in support of the letter sent to the CouncilI on AuguSt 7, 196~ in which sewage overflow was discussed. The City MAnager recom- mended that the City not accept the liability responsibility nor pay for a connection to Flower Street facilities, explaining that to do so might set a Precedent that could lead to untold cost to the City. Mr. Bowie replied that he w~mld Bring suit agaimst +,he City ~w~ediately. The letter was ordered filed, on motion of Councflman Hubbard, seconded By Conn¢ilman $chlueter amd carried. ~t~ II Wkw..~ On motion of Counei~an Eubbard, seOonded by Councilman Schlueter and carried, Council received and referred to Staff for appropriate action, a letter from Miss Susanne Ports, requesting that weeds Be removed by the City from center divider in front of 71~ E. Park Lane. SIDE~ALI~ On motion of Councilman Hubbard, seconded By Councilman Schlueter a~d carried, Council received and referred to staff for action a letter from Luke Miller, stating that sidewalk in front of 1040 W. 3rd is hazardous. ~/~ ~/ PRTVATE PATROL After receiving report that fee, insur- ance certificate, and bond had been filed together with Police DePartment ~POrt recommending approval, on motion of Council- man Hubbard, seconded By 0oUmei!~an Harvey and carried, Council granted request by Statewide Special Patrol & Guard Service, Inco, Buena Park, for permission to oper- ate a private patrol service in the City. ~ PR0~0TIONAL REQUEST On motion of Councilman Hubbard, seconded by Councilman Harvey and carried, Conncil granted permission to the Santa Ana- Tmstin Community Chest for permissi°n to erect street name s~gms from the westerly city limits to the easterly city limits on ~th Street, to he,placed below the official street signs, designating the name ~NIwm~ WA~: and to enlist the aid of the Department of Public Works in the instal- lation an~ re~val'0f the signs. STR~ COS'? REI~S~I~ Om motion of Connei2-man Hubbard, seconded By Councilman Harvey and carried, 0omncil approved staff ree~ndation that Harry ~artin, 500 Dyer Road, be reimbursed $242o62 for cost of improvements constructed in excess of local street require- ments on Dyer Road. Cf"/"/ COUNCIL - 38 - August 17, 196~ ]~[~) ~A T.T .c~ On ~otion of Co~ucilman Hubbard, seconded By Councilman Schlueter and carried, Council granted authority to advertise for bi~s on the following: Sanitary Sewer, Main between Sunflower and Alton, Project S-35; Opening date September 16,1964; 62 Street Lighting Lvmztnaires, Spec. 6~2-7; Opening date Septamber 8, 1964; Fire hose, Spec. 631-5; Opening date ~eptember 8, 1964; 2 Street Sweepers, Spec. 624-10; (One addition to fleet and one replacement with t~de-in); Opening date September 8, 1964. LiI.'JEhSE '~Alv~ REQUEST 0~rce for waiver of all or part of On ~tion of Councilman Hubbard, seconded by Councilman Schlueter az carried, Council denied the 'req~s~ from the Santa Ama Junior Chamber of license fees for profit-making projects. e~/ DANCE P~ The 01erk read a letter from the Down- town Santa Aha Association, written on behalf of the Vandermast Company, request- lng permission to Broadcast dance music at 4th and Sycamore on August 27, 1964. On tactics of Councilman Earvey, seconde~ by Co.he'll-an Hubbar~ and carried, permission was granted as requested. OFFICIAL ABSENCE8 or state: On ~otion of Council~n Hubbard, seconded by Councilman Gilmore and carried, Council authorized the follow- ing official absences from the city and/ ~_./. 77-- City Maueger, from August 21 through August 24, 1964. -,'Councilman Narvey from August 24 through August 29, 1964. ,,~,'z~ ~ Mayor Nall from September 12 through September 25, 196~. I~RITT~ CC~CAT~0NS On motion of Councilman Hubbard, seconded by Councilman Harvey and carried~ Council ordered filed co~m~auications as follows: BOUNDARY C0$gCSSION - ~inutes approving proposed annexation to: City of Tustin - Bryan-Red Hill Annexation No. 2 City of Tustin - Santa Clara Annexation - Revised PUC - Amendment to application of Greyhound Lines, Inc., for an order authorizing a statewide increase in certain intrastate express charges. Notice of Hearing on application of Greyhound Lines, I~c., for an order auth~rizing a state wide increase in certain intra- state express charges. LI~SE APPLICATIONS - BO~b ~helter, 216 E. Warner - ON-SALE BE~ TRA~SF~ E1 Dorado, 1BO~ ~. 4th - NEW ON-SALE Fairview ~t., 61~ W. McFadden - NEW OFF-SALE BF~ & WINE · alNak Shack, 808~ W. 4th - %EW ON-SALE ~ Sip & Surf, ~13 S. Hain - ON SALE B~ TRANSF~ The Islander, 32~ E. 17th - ON-SALE B~ & IgIND[E TRANSFER The Polka Dots, 316 N. ~arbor - ON-SALE BE~ Walker, ~1~ W. 17th - ~ ON-SALE B~ Walt's Cafe, BO4 N. Broadway - ON-SALE B~.~ TRA~SF~ cITr ¢O~CIL - 39 - August 17, 1964 TI~'iC REPORT - Report of traffic control devices installed or removed July 16 - August 6, 196~. VARIANCE AND CONDITIONAL USE P~{~ITS - Decis~onsmade by the Zonimg Administrator or Planming Commission where no appeal has been filed: V.A. 196~, WELIf - construct office building waivimg required rear yard in C 5 district a~4 permit off-street parkimg reducimg front . y~rd in R 2 district at 12~7 W. Camile - A~Ov~D. V,A. 1979, BASS - construct duplex ia addition to existiag resi- dence in R 2 district at 4519 Posey - APPROVED. V.A. 1981, YOUNG - ~ermit room addition that will reduce required distance between buildimgs ia C 1 district at 15OB W. 1st - ORAL CO}$[~NICATIONS John D. Clausson, 952 E. 7th, Long Beach~ complaint regarding Chief of Police amd inadequate Jail facilities. Mayor Wall expressed the hope that ~r. Clausson would encourage his friends to support the bond issue for new county Jail. }{rs. Whittaker, 11~5 So. Flower~ complaint regardimg barkRng dogs in neighborhoo4. Mamager iastructed to meet with ~rs. Whittaker. }4rs. Janice Boer, 912 N. Lowell, protested meetings being held by Pla-wing Co~missiom, allege41y without notice, and requested that City Attoruey be imstructed to investigate procedure be~ used to call such meetings. c~ 7~ ~s. ~o ~. F~laro~ 21~0 ~icto~ia I~lve~ e~cO~i~ of Chief of Police for his excellemtreco~. AI~TO~ There beiag no fmrther busiaess to come before the Co-wciI, the meeting was adjourned at 8:20 p.m., on motion of Councilman Hubbard, seconded by Coll~cqlman Schlueter and carried. D0~IS M. BROWN CL~-%T OF T~im ~OUNCIL CIT~ COUNCIL August 17, 196~