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HomeMy WebLinkAbout04-18-1960/426 Council Chamber Santa Aha City Hall April 18, 1960 7:30 P.M. City Council met in reg,]ar session. Meeting called to order by the Mayor. Present: Councilmen Royal E. Hubbard, Stanley C. Gould, Jr., Dale H. Heinly, Bob Brewer, A. A. Hall Absent: Councilmen None The Pledge of Allegiance ~*as given. Invocation was given by Reverend Lloyd Munger, First Baptist Church of Santa Aha. Each member of the City Council having received copies of the Minutes of April ~, 1960 and April 6, 1960, reading of the Minutes was dispensed with and approved on motion of Councilman Hubbard, seconded by Gould and carried. Bid On recommendation of the Manager, and on motion of Councilman Heinly, seconded by Power Stump Cutter ~ ~ ? ~ ~ubbard and carried, action was postponed to May 2, 1960, on the award of the bid fora Power Stump Cutter, Specification 652-7. Bid acceptance A tabulation of bids was presented for the widening of North Main Street, between Widening North Main St.,Part V of Pro- 7th and 15th Streets, Part V, PrOjeCt NO. 102~ and for the reSurfac~ug of lhth ject No.102; and Resurfacing 12th St., Street, between Main and Bush Streets, Project No. C-23, as follows: Project No. C-43. , , Total Bond ~ ~ ~ Cox Bros. Construction Co. $87,568.30 10~ Griffith Company 89,327.00 $10,000.00 Sully-Miller Contracting Cc~apany 81,225.00 10~ motion of Councilman Gould, seconded by Hubbard and carried, the lowest and bes~l bid of Sully-Miller Contracting Company, in the total amount of $81,225.00, was accepted, and all other bids rejected. Bid acceptance A tabulation of bids was presented for the widening of First Street, between Town- Widening First St., Project No.]10; and send Street and the Santa Aha River, Project No. llO; and for the improvement of Improvement Fairview St.,Project No.ll3. Fairview Street, between First and Fifth Streets, Project No. ll3, as follows: Total Bond Goode & Schroeder, Inc. $9~,272.60 10~ Griffith Corporation 71, ~32.00 $8,000.00 Sully-Miller Contracting Company 8~,905.00 10~ Cox Bros. Construction Co. 85,570.50 10% B. J. Noble Company 85,380.OO lO~ On motion of Councilman Gould, seconded by Hubbard and carried, the lowest and bes{i bid of Griffith Corporation, in the total amount of $71~432.00, was accepted, and all other bids rejected. i~{earings This being the date set for hearing to establish future right-of-way lines on the i~stablish future following streets: i.~/w lines on (cc) Edin~er Street '.~dinger St., First St .- On both sides between Harbor Boulevard and a point approximstely h79 feet ~olsa Ave., and Dyer Rd. west of the centerline of Fairriew Street, measured 52 feet north and south of and Drdinance parallel to the survey center line of Edinger Street. ~ /~ On both sides.between a point ~79 feet west of the center line of Fairview Street and a point 211 feet east of the center line of Gordon Place, measured 52 feet north and south of and parsllel to the construction center line of Edinger Street. On both sides between a point 211 feet east of the center line of Gordon Place and Raitt Street, measured 52 feet north and south of and parallel to the survey center line of Edlnger Street. On the north side between Rattt Street and Bristol Street, measured ~0 feet from and at right angles to the survey center line of Edinger Street. On the south side between Raitt Street and Bristol Street, measured 52 feet south of and parallel to the survey center line of F~tinger Street. On the north side between Bristol Street and Magnolia Street, measured hO feet from and at right angles to the survey center line of Edinger Street. On the south side between Bristol Street and a point lb5 feet east of the center line of Baker Street, measured 52 feet from and at right angles to the surv~ center line of Edinger Street. On the north side between Sycamore Street and a point 196 feet east of the 'center line of Main Street, measured 72 feet from and at right angles to the surve~ center line of ~dinger Street. On th~ south side between Sycamore Street and a point 153 feet east of the center line of Main Street, measured 30 feet from and at right angles to the surve~ center line of Edinger Street. (dd) First Street - Bolsa Avenue On both sides between the west corporate limits and Harbor Boulevard, measur~ 60 feet north and south of and parallel to the survey center line of Bolsa Avenue.i On the north side between Harbor Boulevard and Townsend Street, measured 52 feet north of and parallel to the survey center llne. On the south side between Harbor Boulevard and Center Street, measured 52 feet: south of and parallel to the survey center line. On the south side between Center Street and the point where the south line of Walnut Street intersects the south line of First Street, measured 55 feet south of and parallel to the survey center line of ~irst Street. On the north side between Minnie Street and the Santa ~a Freeway, measured ~B feet north of and parallel to the survey center line of First Street. On the south side between Minnie Street and the Santa Ana Freeway, measured 71 feet from and at right angles to the survey center line. On both sides between the Santa Aua Freeway and the east corporate limits, measured 52 feet from and at right angles to the survey center line of First Street (ee) Dyer Road (Proposed Talbert Avenue) On bOth sides between Main Street and ~ point 3h8 feet east of the center line" of Orange Avenue, measured 50 feet north and south of and parallel to the construc- tion center line of Dyer Road. On both sides between a point B48 feet east of the center line of Orange and Newport Avenues, measured 50 feet north and south of and parallel to the survey center line of Dyer Road. The Mayor declareda hearing will be held on the establishing of future' right-of-way lines on Edinger Street. Mr. W. E. Englehardt, 2913 Edinger Street, stated his prop- erty is on the north side of Edinger Street and asked questions about the proposed widening which would necessitate the removal of his peach tree. His questions were answered by Counci]~n Heinly. The Mayor declared the hearing closed on FJin~er Street. The Mayor declared a hearing will be held on the establishing of future right-of-way lines on First Street -Bolsa Avenue. David J. Keller, 1646 E. First Street, protested the proposed Setback would adversely affect the present value of his property and his plans to build thereupon; the proposed widening will take an additional 27 feet from the center of the street to the curb line. The Mayor de- clared the hearing closed on First Street -Bolsa Avenue. The Mayor declared a hearing will be held on the establishing of future right-of-way lines on Dyer Road (Proposed Talbert Avenue). Hugh Ward, 2802 So. Halliday Street, stated his propert~ is on the corner of Dyer Road and Halliday Street, and the proposed widening would reduce his lot to 20 by 120 feet and make the property unsaleable. The Manager re- plied that hardship cases could make a representation to his office to negotiate for the purchase of such property by the City. The Mayor declared the hearing closed on Dyer Road (Proposed Talbert Avenue). On motion of Councilman Hubbard, seconded by Heinly and carried, the following Ordinance entitled: "Ordinance establishing future right-of-way lines along portions of Edinger Street, First Street - Bolas Avenue and Dyer Road" was introduced, considered and placed on file for second reading. Vaoate portion of nn~amed alleylsouth frma.Eighth Street I~ao.No.60-71 ordering vacation Roll Call Ayes, Councilmen Royal E. Hubbard, Dale H. Helnly, Bob Brewer, A. A. Hall Noes, Councilmen Stanley C. Gould, Jr. Absent, Councilmen None This being the date set for hearing to vacate a portion of an unnamed alley running mo~th from Eighth Street; no protests were received and the hearing was declared closed. The Council having unanimously waived the reading of the Resolution, on motion of Councilman Gould, seconded by Hubbard and carried, the following ResolutiOn entitled: "Resolution No. 60-71 ordering vacation and abandonment of a portion of an unnamed alley running south from Eighth Street" was considered and passed by the following vote: Mariance Appl.No.1293 Peter I.Angule, et al Ayes, Councilmen Royal E. Hubbard, Stanley C. Gould, Jr., Dale H. Heinly, Bob Brewer, A. A. Hall Noes, Councilmen None Absent, Councilmen None On motion of Councilman Hubbard, seconded by Heinly and carried, the recommendatio~ of the Planning Co~ission were approved, and the following Variance Applications grant ed: IVariance Appl.No.lR95 ~INyanza Park Estates,Inc. tVariance Appl.No .1297 W~met C. Rogers ~arlance Appl.~o.1299 ~illiam L.Driskill ~ariance Appl.No .1300 ~orley Greathouse ~ariance Appl.No.1288 !Robert D. Davis, et al i Variance Appl.No.1290 i Hal Davis Reso.No.60-72 Granting Variance Variance Application No. 1293, filed by Peter I. Angule and Leo and Willota MeYnight, to use the two lots (96 ft. by ].25 ft.) for off-street parking for gro- cery on property at corner of Greenville and Stanford Streets, the existing dwell- ing and garage on Lot ~7 to be removed and the entire area blacktopped, on propert~ at 1538-42 So. Greenville Street, in the R-2 District, subject to conditions, Variance Application NQ. 1295, filed by Nyanza Park Estates, Inc., to erect one single-family residence on each of the two lots, with modified rear-yard re- quirements, on property at the cul-de-sac at the east end of Alco Avenue (Lots 42 and 43, Tract 3030), in the R-1 District, Variance Application N o. 1297, filed by Emmet C. Rogers, to decrease the rea~ yard requirements on property at the southeast and southwest corners of Westwood Avenue and Santa Clara Avenue, and also at the northeast corner of WestwO~d Avenue and 21st Street (three lots) in the R-1 Distric% subject to one condition, Variance Application No. 129~, filed by William L. Driskill, to move a three- roan house frcm one part of his acreage to another part, which wo~ld result in two houses on one lot, on prpperty at 5326 W. Hazard Avenue, in the R-1 District, subject to one condition, Variance Application No. 1300, filed by Morley and Mary R. Greathouse, to con~ struct two or three units on.~ear part of the property at 726 Orange ~venue, in th~ R-1 District, subject to conditions, and Variance Application No. 1288, filed by Robert D. Davis, et al~ $~ construct a private parking lot to be operated in conjUnction with the Citizen s National Bank Building, on pr.operty between 827 and 843 Birch Street, in the R-3 Distr~ot, subject to conditions. " i~g approval of Co~,m~nication was read from the Planning C~ission reccmmend/V-Variance Application No. 129O, filed by Hal Davis, to convert an existing residence into a real estate office, and erect a 4 ft. by 10 ft. changeable letter sign and an electric sign, as sketched on the application. Applicant also proposes to erect an addition, 19 i~i. by 33 ft.,to the front of the building, in the near future; the entire rear yard to be asphalted for parking space, on property at 1201 So. Bristol Street, in the R-2 District, subject ~o conditions. The applicant stated he was agreeable to the conditions with exception of removing the garage, which he would prefer to retain at present, and he ~.~ould move the garage when the plans for the future alley were developed. The Council having unanimously waived the reading of the Resolution, onil i Variance Appl.No.1298 Margaret A. Pearly i Variance Appl.No.1281 George W. Gellatly motion of Councilman Heinly, seconded by Hubbard and carried, the following Resolu- tion entitled: "Resolution No. 60-72 granting Variance on Application No. 1290 filed by Hal Davis where only one of the recommended conditions was modified" was considered and passed by the following vote: Ayes, Councilmen Royal E. Hubbard, Stanley C. Gould, Jr., Dale H. Heinly, Bob Brewer, A. A. Hall Noes, Councilmen None Absent, Councilmen None Co~,anication was read from the Planning Co~mission reco~ending approval of Var- iance Application No. 1298, filed by Margaret A. Pearcy, to construct a second single-family house and %~ive the requirement that dwelling units be attsched, on property at 1007 W. Chestnut Avenue, in the R-2 District, subject to conditions. Farnam DeTar, 329 E. 17th Street, representing the applicant, stated they were agreeable to all of the conditions, except the replacement of approximately 2] linear feet of broken sidewalk. On motion of Councilman Hubbard~ seconded by ~ - ~was appEov~d Brewer and carried, the reeommend~tio~ of the Planning ~o~n~ss~on/~ana Yarsance ApplI cation No. 1298 granted, subject to conditions, and the further condition that be- fore a Building permit is issued, a new plot plan be submitted. On motion of Cottucilman Hubbard, seconded by Heinly and carried, action ~as post- poned until the next meeting on Variance ~pplication No. 1281, filed by George W. Gellatly~ to construct an additional single-family dwelling on s. lot with one exist tng single-family dwelling, on property at 1908 Orange Avenue, in the R-1 District.i 429 Variance Appl.No.l185 Eleanor M. Bowman Extension of time Variance Appl.No.1195 E. W. Stenlund Extension of time Variance Appl.No .1243 Anna P. Jensen Reso.No. 60-75 Granting Variance refer to Reso.No.60-86) Ou motion of Councilman Gould, seconded by Hubbard and carried., ninety-day exten- sions of time were granted, as recommended by the Planning Commission, on the following Variance Applications: ~th expiration date of April 5,1 Variance Application No. 1185, granted October 5, 1959,/to Eleanor M. Bowman, to permit an incroase in the number of paying rest hc~e guests~ from six to ten, on property at 617 Orange Avenue, in the R-1 District, and Variance Application No. 1195, granted Mov~nber 2, 1959, with expiration date of May 2, 1960, to E. W. Stenltmd, to permit establishment of a neighborhood shOp- ping center on property at the southeast corner of Berrydale Street and Trask Avenue, in the R-1 District. Co~m~unication was again read from the Plannin~ Commission recommending denial of Variance Application No. 1243, filed by Anna P. Jensen, to establish parking lots on property at 1813 and 1817 W. 16th Street, in the R-2 District, and to waive the ten-foet rear-yard requirement on property at 1832 W. 17th Streets in the C-1-P~ District. Councilman Hubbard disqualified himself on this matter. Warren Sikora, i 401 W. 8th Street, representing Mms. Kirkpatrick, reaffirmed his client's protesta- tions that granting the Variance would project the first Co~nercial property into residential district. When the Variance ;*as originally denied by the Plannin~ Cc~- mission, it was not thought to be a transition area, and we have two R-2 lots whichl are being pretested, benefitting the property owners on 17th Street in a C-i-PK zone. The people in the area firmly believe it will adversely affect the value of their property and are requesting denial of the Variance. CounciLman Gould said he had talked with two property owners who mainly objected to the ingress and egress on 16th Street which would cause an increase in traffic, and stated the walls be- tween the property would be no different than residential property and would not cause a depreciation. Birdina Anderson, 1829-31 W. 16th Street, stated this was a desirable area for duplexes but not for a parking lot. Leroy Brackman, 1806 W. 16t$ Street, protested if this Variance is granted there would be no assurance that in- net gress and egress would/be permitted on 16th Street. ~rs. Lester Beck, 1835 W. 16th!ii Street, objected to the property becoming Cc~mercial and the confusion and noise cars coming in and out of the parking lot. Councilman Gould stipulated the condi- tion that'a six-foot brick wal~ be built and a planter ares provided and maintained Councilmen Brewer remarked it would be a hardship on the people on 16th Street, and they have a valid excUse to protest the parking lot. CounciLman Heinly maintained we have experienced inadequate parking for some time and with ingress and egress on 16th Street and a fenced area, this should not prove detrimental to the neighbors. Councilman Gould stated with proper precautions we can keep the integrity of the community and provide the extra parking if vehicles are kept off 16th Street and ~ proper landscaping and maintenance are provided. Mayor Hall cc~mented he had visited the area several times and this would be a parking lot next to another one, backing up to C~,~ercial establishments, and since it is next to the Church, the property will not go Commercial. The Council having unanimously waived the reading of the Resolution, on motion of Councilman Heinly, seconded by Gould and carried, the following Resolution entitled: "Resolution No. 60-7~ granting Variance on Application No. 1243 filed by Anna P. Jensen where Planning Co~nission recommended denial" was considered and passed by the following vote: Ayes, Councilmen Noes, Councilmen Absent, Councilmen Not Voting~ Councilnmn Stanley C. Gould, Jr., Dale H. Heinly, A. A. Hall Bob Brewer None Royal E. Hubbard 43.0 Variance Appl.No.1289 Ccemmnieation was again read f~om the Plauning Cc~mission recommending denial of Sophia Waldman Reso.No.60-?4 Variance Application No. 1289, filed by Sophia Waldman~ to build a two-story, 14- Granting Variance c~,~ unit apartment builSing with 18 parking spaces on property at lOlO No. ?arton Stree in the R-2 District. Attorney Ridley Smith, 1002 No. Broadway, representing the applicant, yielded the discussion of the physical aspects of the Variance request to the engineer, Woody Reagan, 2027 No. Main Street~ who stated seven Variances were granted in the area in recent years, with approximately an even ratio of apartments to parking stalls, and that his client wishes to build 13 units with 17 ' parking stalls ou a lot 249 feet deep. Frances Farris, lOO1 No. Parton Street, saif this is a congested area, too close to the Civic Center, and the construction of th multiple dwellings will create a traffic hazard. Attorney Smith stated the area has changed into one of apartments and the property in question can be used for ~' multiple dwellings only; the parking stalls would be in axeess of the minimum requii e- Variance Appl.No .1292 Andrew F. Jamnett ments and requested that the Variance be granted. Paul Boduar: 8h2 N. Parton Street, asked for the postponement of this Variance until such time as the new Planning law!i is approved. Mrs. Patricia Grossman, 1008 No. Parton Street, requested a six-foot concrete wall on the south line of the property to protect her home, if the Vari- tion~ on motion of Councilman Heinly~ seconded by Hubbard and carried~ the follcwin~ Resolution entitled: "Resolution No. 60-7~granting Variance on Application No. 128o filed by Sophia Waldman where Planning Commission recommended denial" was considered and passed by the following vote: Ayes, Councilmen Royal E. Hubbard¢ Dale H. Heinly, A. A. Hall Noes¢ Councilmen Stanley C. Gould, Jr.¢ Bob Brewer Absent, CounciLmen None Ccemnznication was read fram the Planning Con~nlssion recommending denial of Vari- ance Application No. 1292, filed by Andrew F. Jannett, to convert existing garage into a real estate office and erect a real estate sign in accordance with regula- tions, preferably on top of existing block wall~ on property at 2011 No. Grand Avenue, in the R-1 District. Attorney Thomms E. Johnston, 311 W. 8th Str&et, re- presenting the applicant, stated his client de~ires to convert the garage for a real estate office, and presented a petition signed by approximately l~ persons favoring the Variance Application. On-motion of Councilman Hubbard, seconded by Heinly and carried, the petition was received and filed. Councilman Brewer disqualf- fled himself on this matter. Attorney ~ohnston stated when the Variance Appticatio~ was submitted, it was not adequate~pointed out that the area is also Comerelal in! nature, as nearby there is a nursery, an animal hospital, and a school. It was moved by Councilman Gould and seconded by Hubbard that the Variance Application be denied. Motion not voted on. Eugene K:a~nik, 311 W. 8th Street, stated the appli- cant is willing to cooperate with any conditions or restrictions which would affect parkin~ and the design and construction of the building would be beneficial to the area. It was moved by CounciLman Gould, Seconded by Heinly and carried, that the applicant be referred to the Department of Public Works and the Planning Department to work out adequate off-street parking, paving and plot plan for the new construc-~ tion, and the matter be continued to the next regular meeting. Ordinance No.NS-~46 Repealing Municipal Code Sections 4231 and 4232 (resorting) 'This being the date set for the second reading of an Ord~fnance repealing Santa Ana Municipal Code Sections 4231 and 4232, Reverend J. Warner~ Parkview Reformed Church, 2031 So. Olive Street, inquired if the elimination of these two Sections make Police enforcement more difficult, and if portions are to be deleted or obso- leted, ~ill substitute Sections be provided? Councilman Gould replied the law is still the same and unfortunately the press carried a misnomer, and after reading the two Sections stated that all of the Sections relating to prostitution are in the Penal Code of the State of California. Councilman Heir~ly stated it would pre-~ clude the Pblice Department from taking such action as it affects the rights of individuals, in a room of their choosing, without being disturbed by the Police Department. Austin Ormond, 710 So. Ross Street~ and approximately ten people stood in support of Reverend Warner. Mr. A. J. Ecoff, 210 W. Santa Clara Avenue, inquired why the two Sections are being deleted at this time. Councilman Mainly replied the Judges had actually ruled "not guilty" of violating this law where arrests had been made. Councilman Gould pointed out he had been in court on threeI of such cases and the Judges failed on one or two actions because this law is not constitlltio~al or right. Councilman Brewer explained he was ill-advised in ini- tiating the repeal of these Sections and was sorry that there was so much publicit~ concurrently in this behalfj since the press had misrepresented the intention of these Sections. Councilman Heinly stated our present laws ~re archaic, obsolete and unconstitutional and should be replaced. Councilman Hubbard stated the Ordinance is unconstitutional and he could not support an unconstitutional law. Mayor Hall stated Santa Ana has always been a conservative place to live in, an~ it is very important that we maintain a good reputation. If we relax our laws~ we will have a tendency to throw our town wide open. In removing this enforcement, we make it practically impossible to change the laws in the future. I am not for relaxing these conditions and do not agree with the repeal of these Sections. Chief of Police Edward J. ~llen stated this would be a very definite curtailment of our efforts to stamp out prostitution, which has changed its tactics ovor the years with the advent of motels and taverns. We are in the vicinity of a vast military camp at E1 Toro, and it is our duty to protect public safety and pub] ic health, because of the venereal diseases involved. ~Je have had no objections from the Judges about the law, but we have had comments to the contrary. If the law is un- constitutional, it should be submitted to a Judicial body to see if it is unconsti tutioual. Councilman Gould read Penal Code Sections 316 and B18. Reverend Glenn McFarlaud, 522 E. Chestnut Street, stated he had talked ~ith many young people - boys and girls - and it is nV purpose to teach them what is right and good. If in', repealing th~se Ordinances our youngsters w~31d not have the protection they need from those influences, then we ask that the Sections be revised; if it is uncon- stitutional, we are in favor of it being revised~ but to repeal these Sections would seem to be relaxing these laws and bringing in those influences that could confront our youngsters. Reverend Garland Lacey, Minister of the Wilshire Presby- teriah Church, stated it ~*as his belief the m~mbers of the City Council were trytr~ to have a very fine City, and I am sure that Chief Allen wants the same. I believ~ the laws on our statute books are sufflcient, but the general public has taken hold of this and it ~ill be the decision of the members of the City Council to make sat~ factory disposition of the matter. Councilman Brewer has done a magnificent thing 4132 !!Preliminary Record !icl Survey Dike & Colegrove,Inc. ilPrelfm~uary Record ~of Survey :~ Johes .Revised Tentative ITract Nap No.35~7 iSupreme Investment Co. Nap of Tract iNo. 3680 ~!Dike & Colegrove, Inc. Preliminary Record of Survey :iTri-Engineering Service l~greement !Gallegos Corp. £Or occupancy ',hew Public Library i scrow i~nstructions ~n being willing to retract a statement he made. The Council having unanimously waived the reading of the Ordinance, on motion of Councilman Hubbard, seconded by Heinly and carried~ the follox~ing Ordinance entitled: "Ordinance No. NS-h46 repealing S~nta Aha Municipal Code Sections ~231 and ~232" was considered and passed by the foll6wing vote: Ayes~ Councilmen Noes, Councilmen Absent, Councilmen Royal E. Hubbard, Stanley C. Gould, Jr., Dale H. Heinly Bob Brewer, A. A. Hall None Councilman Gould left the meeting at 10:15 P.M. On rec~endation of the Planning Department and on motion of Councilman Hubbard, seconded by Heinly and carried, the following Preliminary Record of Survey M~ps and! Revised Tentative Tract Map were approved, as follows: Preliminary Record of Survey, filed by Dike and Colegrove, Inc., creating two parcels located generally between Hemlock Way and San Lorenzo Avenue, immediately west of Shelton Street, subject to conditions, Preliminary Record of Survey, filed by G. Jones, dividing a lot located approx imately 155 feet north of Camile Street on the east side of Harper Street, and as al condition of approval the applicant be required to record a continuing offer of de-'.' dication on an easement for street purposes measured 30 feet east of and at right angles to the west line of the ~xisting 20-foot private road easement, and Revised Tentative Tract Map No. 3547, filed by the Supreme Investment Company (originally filed by W. H. Charlton), creating t~ multiple family lots located on both sides of the northerly extension of Minnie Street, subject to conditions. On motion of Councilman Hubbard, seconded by Heinly and carried, Map of Tract No. 3680, filed by Dike & COlegrove, Inc., for the dedication to the public use for street and highway purposes Hemlock Way, .San Lorenzo Avenue, Baker Street, Rosewood Avenue and the alleys: also subject to the recording of Record of Survey Map, and bond in the sum of $42,000.00 were approved; license fee in the sum of $1,100.00 accepted, and agreement covering improvements ordered s~gn~d. Co~unlcation was read from the Planning Department reccmmending denial of Preli~in~ ary Record of Survey~ filed by Tri-Engineering Service, dividing a lot located on the south side of Seventh Street, approxlmatel~ 597 feet east of Verano Street. Mr. Dunn stated he wished to move a house onto the property and ~.ould do everything possible to initiate a petition for an Assessment District to improve this area. On motion of Councilman Heinly, seconded by Hubbard and carried, the recommendation! of the PlanningDepar~ment was over-rule8 a ~ d Preliminary Record of Survey approved, subject to conditions that applicant initiates an Assessment District and a Final Record of Survey Map be submitted prior to the issuance of a ~ilit~es Re- lease · On motion of CounciLman Hubbard, seconded by Brewer and carried, proper officials were authorized to execute agreement datedApril 11, 1960, with The Gallegos Corpor- ation, for the occupancy of the new Public Library at 502 West Eighth Street, begin~ ning April 12, 1960. It ~s moved by Councilman Hubbard, seconded by Heinly and carried, that escrow instructions be approved and signed with the following persons and Company: Escrow instructions No. 286781 WLC, dated April 5, 1960, with Iva H. Hadick, conveying property on Garnsey Street, in the stun of $9, S00.00, Escrow instructions No. 4h707-C, dated April 12~ 1960, with Harold S. and Myrl Hardisty and Tony and Lori Ann La Bono, for street easement on the ~orth side of First Street 152 feet west of Sullivan Street, in the sum of $600.00, Escrow instructions No. h4664-C, dated March 31, 1960, with Nygiene Products Company, for street easement over land on the south side of First Street, for the widening of First Street and the construction of flow on traffic psttern, in the sum of $6,500.00; and Reso .No. 60-75 Accept Deeds G.Howard Robertshaw, Henr~ P. Sauter, et al Reso.No.60-76 Accept deeds tva H. Hadick, ~IHarold S. HardistY) et al Ordinance Amend- ing Building Code (pedestrian canopy) Ordinance No.NS-447 ll end.AppLNo. 309 Gres chne.r.-Rabe c E§crow instructions No. h4578-C, dated March tO, 1960, with S. Thompson and Barbara McNoal, for street easement, for the widening of First Street, on the north s~de immediately east of the Santa Aha River, in the sum of $1,500.00. The Council having unanimously waived the reading of the Resolution, on motion of Councilman Hubbard, seconded by Heinly and carried, the following Resolution entitled: "Resolution No. 60-75 accepting deeds where the City is paying no cash consideration" from G. Hox~rd and Elieth M. Robertshaw, for a street easement on the north side Delhi Road, east of Flower Street; from Henry P. and Frances M. Sauter, for astre* easement on the west side of Main Street, south of Roe Drive; from Anuie L. Willia~, for a street easement on the east side of Main Street, uorth of Bachman Drive; Allstate Insurance Company for a sewer right-of-way easement on the north side of First Street, on the east side of the Santa Ana Freeway; from Allstate Insurance Company, conveying a temporary easement for the purpose of constructing a sewer right-of-w~ on the north side of First Street on the east side of the Santa Ana Freeway; and from Gardendale Development Company, conveying an easement for draina~ purposes in Tract 2905, was considered and passed by the following vote: Ayes, Councilmen Royal E. Hubbard, Bale H. Heinly, Bob Brewer, A. A. Hall Noes, Councilmen None Absent, Councilmen Stanley C. Gould, Jr. The Council having unanimously waived the reading cf the Resolution, on motion of Councilman Hubbard, seconded by Heinly and carried, the following Resolution entitled: "Resolution No. 60-76 accepting deeds where City is paying cash consideration" from Ira H. Hadick, conveying property on Garnsey Street, in consideration of the payment of $9,300.00; f r om H a r.o~d S. and Myrl Hardisty and Tony and Lori Ann LaBono, for a street easement on the north side of First Street 157 feet west of Sullivan Street, in consideration of the payment of $600.00; from Hygiene Products Company, a corporation, for street easement over land on the south side of First Street for the widening of First Street and the construction of flow on traffic pattern,in consideration of payment of $6,500.00; and from S. Thompson and Barbara McNeal~ for street easement for the widening of First Street on the north side im- mediately east of the Santa. ~ma River, in consideration of the payment of $1,500.0C was considered and passed by the following vote: Ayes, Councilmen Noes, Councilmen Absent, Councilmen Royal E. Hubbard, Dale H. Heinly, Bob Brewer, A. A. Hall None Stanley C. Gould, Jr. On motion of Councilman Hubbard, seconded by Brewer and carried, the following Ordinance entitled: "Ordinance amending the uniform Building Code, 1955 Edition, to add special provision for pedestrian canopy" was introduced, considered and placed on file for second reading. The Council having unanimously waived the reading of the Ordinance, on motion of Councilman Hubbard, seconded by Heinly and carried, the following O~dinance entitle~: "Ordinance No. N8-447 amending Article IX of the Santa Ana Municipal Code to change district classification on Amendment Application No. 309 and amending Sectional District Map il-5-10" filed by Gres~hner-Rabec, to reclassify from the M-1 District to the C-2-PK Distri~, a parcel of land on the north side of First Street~ beginning at a point 539.]-9 fee~ west of center line of Townsend Street, with approximately 210-foot frontage on First Street, and depth of 602 feet: ~*as ~on~idered and pss~ed by the following vote: ~yes, Councilmen Royal E. Hubbard, Dsle H. Heinly, Bob Brewer, A. A. Hall Noes, Councilmen None Absent, Councilmen Starzley C. Gould, Jr. /434 reposed Ordinance i' regulating taxicabs, ilmotor buses, etc. II ~ On motion of Councilman Hubbard, seconded by Neinly and carried, the proposed Ordi- Communications ~ Boundary Commission, ~lCity of Ortmge, et al ITransfer of funds 11959-60 Budget Reso.No.60-77 University of Califomia campus area and peri- pheral land ( annexat ions ) Change Orders Nos.4 and 5 Police Facilities Bmilding hence regulating taXicabs~ motor buses, ambulances and the drivers thereof~ was re-i! ferred to the City Attorney for correction and report at the next meeting. On motion of CounciLman Hubbard, seconded by Heinly and carried~ the following munications were received and filed: From the Boundary Con~nission regarding proposed annexation of territory to theli it of Sa " ~ ' ~7%C y nra Aha Lincoln and Virginia W.st ~nnex," and advising the boundaries the proposed anne×ation are reasonably definite and certain, From the City of Orange submitting copy of Resolution No. 1634, proposing to annex certain property located on the extreme north side of Orange designated "Annexation No. 130," From the City of Orange submitting copy of Resolution NO. 1632, proposing to annex certain property located on the extreme north side of Orange designated From the City of Orange submitting copy of Resolution No. 1633, proposing to annex certain property located on the extreme north side of Orange designated £~"Annexstion No. 129/, From the President of Orange Empire Chapter~ International Conference of Build~ Officials requesting an expression or suggestions from the !egis~ative bodies o~ the cities regarding their opinions of uniformity of building codes, From the Do~aatown Association expressing sincere thanks and best wishes to the g~City Government in connection with the recent Spr~ng Fashion Festival, From the Secretary of City Schools requesting denial of the Variance ^pplicatiSn No. 1283~ filed by Virgil Elkins, to permit the installation of a trampoline center'J g~*~eer the Sm~lley Junior High School, as not being in the best interest of the schoo~ pupils, and Notificatior~of the Department of b~!coholic Beverage Control of Beverage ,~ppli~ cations of Irving and Mm~ry A. Danielson, 401 E. Chestnut Street; Louis Joseph~ Bernard Kritzer and Harold Staw, 3328 W. Bolsa Avenue; Isabel S. Resales, 502 No. Verano Road; Clair G. Martin, Jr., Administrator for estate of Clair G. M~rtin, 212 E. Fourth Street: and Nick Padilla, 602 E. Fourth Street. The Manager orally requested that the 1959-60 Budget be amen~ded, by~ transferring $60.00 from ll-O00-911 City council Contingency Reserve Fund to 51-175-611 Finance Department Division of Treasury Fund~ and transferring $2,000.00 from ll-O00-911 City Council Contingency Reserve Fund to ll-311-]ll Department of Building Safety and Mousing Fund, and on motion of Councilman Hubbard, seconded by Brewer and car- ried, the transfer of funds was approved. The Council having unanimously waived the reading of the Resolution, on motion of Councilman Hubbard, seconded by Brewer and carried, the following Resolution entitl~d~ ~ "Resolution No. 60-77 expressing the attitude of the City Council of the City of ~nta Ana and the policy of said City as to annexations and giving assua~nce that Santa ~na has from the beginning, does now and will continually do all things lawfully in its power to protect the integrity ~f~the University of California campus area and peri- pheral land" was considered and passed by the follo'~lng vote: Ayes, Councilmen Royal E. Hubbard, Dale H. Heinly~ Bob Brewer, A. A.Hall Noes~ CounciLmen None Absent, Councilmen Stanley C. Gould~ Jr. On motion of Councilman Hubbard, seconded by Heinly and carried~ the Mayor was authorized to execute the following Change Orders~ with The Gallegos Corporation~ for the Police Facilities Building, as follows: Change Order No. 4, dated April ll, 1960: Item No. i - Plaster ceiling of Stor~ Room at Second Floor $92.40; ItemNo~-Material and Labor to connect liquid level control for sump pumps $99.50~ TotAl $191.90~ O~erhead and Profit $19.19; Total $211.09; Item No.3 - ~mount forwarded to City of Santa ~na for four (4) sets of Plans add Specifications $104.60; ~he, amo~t 6f the contract will be increased in t~e sum of $315.69. Change Order No. 5, dated April 18, 1960: Item No. 1 - Import, compact and fine grade in accordance with specifications approximately 1200 cubic yards of fi].l dirt to finish elevations shown on site plan $?,000.00; Item No. 2 - Install hold-il in~ call corridor floor drains as per R-22. BEedehoft Plumbing Co., Inco Material e~d labor $478.~2; Ga!leges Corporation cutting and patching of concrete (Material and Labor) $122.96; Item No. 3- Install one (1)~addittonal coat of filler to ash work $385.00; Item No. 4 - Chsnges in target return and baffle systems per revTsion!i Sketch R-14 in addition to Item No. 8, Change Order No. 2 $158.00; Item No. 5 - Gallegos Corporation Overhead and Profit (10%) $31h.43; Item No. 6 - Install two (2! inch thick asphalt paving iu lieu of four (4) inch thick as specified, Deduct $7B0.00; Item No. 7 - For street sewer work eliminated, Deduct $132.50. The amount!~ of the contract ~*ill be incr~ased in the sum of $2,596.21. 435 Advertise for bids motion of Councilman Hubbard, seconded by Heinly and carried~ the Plans and spec - Widen McFadden Ave. Project No.ll4; and Widen Raitt Street, Project No.ll6. ficat~ons were approved, and the P~rehas- /ing Agent authorized to advertise for bids for the widening of McFadden Avenue, between Sullivan and Raitt Streets, Project llh; and for the widening of Raitt Street, between ~dinger Street and McFadden Avenue, Project ll6; bids to be opened Advertise for bids Electric Lamps; Gasoline; Truck Chassis w/cabs. May 16~ 1960. On motion of Councilman Rubbard~ seconded by Heinly and carried, the ~urchasing i Agent ~s authorized to advertise for bids on the follo~*ing: (a) Electric Lamps for fiscal year 1960-61, Specification 452-8; (b) Regul8r and Premium Gasoline for lis- year 1960-61, Specification h61-6; (c) Four (4) Truck Chassis w/cabs, Specifica- Release Bond Tract No.2868 tion 621-24~ bids to be opened May 16, 1960. motion of Councilman Hubbard, seconded by Heinly and carried, bond in the sum of i ~68,000.00, filed by The Lehnhardt Corporation, for the improvements on property located generally at the northeast corner of the intersection of Smeltzer Avenue ~d Verano Street, in Tract No. 2868, was ordere~ released and improvements accepted Leave of Absence John K. Colwell as c~npleted. On motion of CounciLman Hubbard¢ seconded by Heinly and carried, the request of City Attorney John K. Colwell ~s granted to attend the Spring Conference of City Withdraw Bid McMurtrie-Payne Corp. (Item 5, Spec.621-22) Attorneys in Monterey, on April 2hth through the 26th, 1960. Communication ~s presented from the M~Murtrie-Payne Corporation, offering to with- draw their bid on Item 5~ for the furnishing of One two-axle truck chassis with cab, 19,000 G.V?J.~ right-hand drive, in the am~xnt of $3,200.8©~ Specification 621-22~ On motion of Councilman Hubbard, seconded by Heinly and carried, the action of the City Council on April 4, 1960, awarding Item 5, Specification 621-22, ~s rescinded,! Hequest Rev. Ferguson ~.Wilson Special License) and all other bids ordered rejected. Communication was presented from the Reverend Ferguson A. Wilson, requesting per- mission to secure a Special License to Preach the Gospel, Friday evenings between 7 P.M. and 10 P.M. at the southwest corner of Fourth and Main Streets, end on Sunda~ afternoons betweem 12 Noon and 5 P.M. at the Municipal Bowl. On moti~ of Councilm~n Hubbard, seconded by Heinly and carried, the Special License was denied as the City Council finds that if the request were granted it would result in a public nuisance Application to Solicit Funds Request Charles Cohen Rose.No.60-78 No Parkin~ Zone (L.ZoCone) from noise and interference with traffic. On motion of Councilman Hubbard, seconded by Heinly and carried, the request of the Orange County Art ~ssociation was granted to hold a tea in the home of Mrs. Wilbur Barr, 2410 Bonnie Brae, Sundsy, May l, 1960, for the purpose of raising funds to further the educational and cultural program of the ^ssociation. On motion of CounciLman Hubbard, seconded ~Heinly and carried, the request of Char~s Cohen to remove the 2h-minute signs on the parking meters in front of his store, No. ~08 No. Broadway, and in front of B06/Broadway, was referred to the Manager for in- vestigation and report. The Council having unanimously waived the reading of the Resolution~ on motion of CounciLman Heinly, seconded by Hubbard and carried, the following Resolution entitled: "Resolution No. 60-78 concerning parking limitations and curb markings in accordance therewith" establishing No Parking Zones on the east side of Broadway between Pine and Walnut reference request of Mr. L. Z. Cone, Streets,/was considered and passed by the following vote: ~yes, Councilmen Royal E. Hubbard, Dale H. Heinly, Bob Brewer, ^. A. Hall Noes, Councilmen None Absent, Councilmen Stanley C. Gould, Jr. /43.6 ' Request ............... y Councilman Hubbard, seconded by Brewer and carried, that the reques Mrs. J.B.Federspiel :Reso.No.60-79 ~Loading Zones (The Basler Home) of Mrs. J. B. Federspiel, 405 W. Tenth Street, be denied for limited parking at Tenth and Hlverine Streets. ~"ne Council having unanimously waived the reading of the Resolution, on motion of Councilman Hubbard, seconded by Heinly and carried, the following H~solution entit] "Resolution No. 60-79 concerning parking limitations and curb markings in accordance therewith" establishing Pasaenger and/or Freight Loading Zones on the west side of Sycamore Street between Washington Avenue and Tenth Street, reference request of The Basler Home, was considered and passed by the following vote: ~yes~ Councilmen Royal E. Hubbard, Dale H. Heinly, Bob Brewer, ^. ~. ~all Noes, Councilmen None Absent, Councilmen Stanley C. Gould~ Jr. Request ,~ Orange County Builders' Association, Inc. It was moved by Councilman Hubbard~ seconded by Heinly and carried, that the request of Orange County Builders' Association, Inc., 9~1 North Santiago Street~ be denied for limited parking on th~ corner of Santiago Avenue and Stafford ~treet. Request James Flinppen and R.N. Scove Reso.No.60-80 No Parking Zones (Gerald S.Bash, First Christian Church Request Harry G. L. Hankin (ABC Carpet Co. ) Conmmnication Rimel & Johnston (John F. Boose) Request Milford W. Dahl ~ (Tenth Floor, Inc. ) It was moved by Councilman Hubbard, seconded by Brewer and carried, that the verbal request of Mrs. James Fllnppen and R. N. Scove, be continued until the next meeting, for a Stop sign at 19th and Ross Streets. ~ne Council having unanimously w~ived the reading of the Resolution, on motion of Councilman Hubbard, seconded by Brewer and carried~ the following Resolution entitled: "Resolution No. 60-80 concerning parking limitations and curb markings in accordance therewith" establishing No Parking Zones on the west side of College Avenue between 15th and 17th Streets, reference request of Gerald S. Hash of the First Christian Church, was considered and passed by the followlug vote: Ayes, Councilmen Royal E. Hubbard, Dale H. Heinly, Bob Brewer, A. A. Hall Noes, Councilmen None Absent, Councilmen Stanley C. Gould, Jr. C~mmunicatiOn was presented from Harry G. L. Hankin, Certified Public Accountant, representing ABC Carpet Compar~ advising their client remitted check for $72.00 covering prior quarter license fee plus lO0~penalty of $36.00, and requesting re- duction in the penalty f$r late filing, as their client never received the form p~ior to this time. On motion of Coune~l.m~ Hubbard, seconded by Helnly and carried~ the request was denied, and the License Ordinance reference penalties was referred to the Manager for recommendation. Cu.~unlcation ,sas presented from Bimel & Johnston~ Attorneys, representing John F. and Lida A. Boose, advising his client owns fee title to , portion of the property subdiviSed under Tract No. 3505, to which he was not a party, namely a psrce~ 65 by llO feet in the northwest corner of Lot 25, and the matter was taken off the ~genda. CoB~m~uication was presented from Attorney Milford ~. Dahl~ on behalf of Tenth Floor~: Inc.~ owner and operator of the Executive Club at 900 North Broadway, for the instal- lation of a loading zone on Broadway, immediately north of the driveway entrance to the parking lot adjoining the Citizens National Bank Building ~t 900 North Broadway. The Manager reporte8 that a Resolution was adopted ~.pril ~, 1960, establishing a 2k-minute parking zone on the west side of Broadway between Eighth and Tenth Streets, and establishing a passenger and/or freight loading zone on the west side of Broadw~ between Eighth end Tenth Streets, reference request of ~?m. D. Greschner Company. O~ mot~oo of Councilman Hubbard, seeond~ by Mainly and carried, the commtmieation was received and filed. Request On motion of CounciLman Hubbard~ seconded by Heinty and cerried~ the oral request Morgan Ambulance Service ~iRequest Farmers Insurance Group Extension of time !(Tentative Tract Map No. 3374) of Psu] Veach of the Morgan Ambulance Service, 2208 No. Main Street, wss gra~ted~ for an Ambulance Driver's License: and the Police Department instructed to issue said license. On motion of Councilman Hubbard, seconded by Heinly sud carried, the request of the Farmers Insurance Group v~s grante~ for an e×tension of time for a period of one year on Tentative Tract Map No. 3374~ filed by the Farmers Uuderwu'iters Assoclation~ on property on the east side of Flower Street between Memory Lane and the Santa Ana: Authorize Employment Buyer in Purchasing ilDepartment Reso.No.60-81 Class title of Roll Call ~yes, CounciLmen Royal E. Hubbard, Dale H. Heinly, Bob Brewer~ A.A. Hall Noes~ Councilmen None Absent, Councilmen Stanley C. Sould~ Jr. 0n motion of CounciLman Hubbard, seconded by Heinly and carrie?, the Manager was authorized to employ a Buyer in the Purchasing Department and to add one class of employment to the list of class titles, and to allocate to said new class title the.i salary and wage schedule number. The Council having unkuimously waived the reading of the Resolution, on motion of CounciLman Hubbard, seconded by Heinly and carried, the following Resolution entitlSd: "Resolution No. 60-81 smending Section 3 of Resolution No. 58-281" at establishing the Class Title of "Buyer" and/Schedule No. 33~ was considered and ! passed by the following vote: !iAgreement Boyle E~gineering Corp. l(appraisal of Dyke Water Co.'s distribution) Reso.No.60-82 Amending Parking 'District "B" ;~fes, Councilmen Noes., Councilmen Absent ~ Councilmen Royal E. Hubbard, Dale H. Heiuly, Bob Brewer, ^. A. Hall None Stanley C. Gould, Jr. On motion of Councilman Hubbard, seconded by Heinly and carried, the M(%vor was !dated April 18, 1960~ authorized to execute an agreement/with Boyle Engineering Corporation, for the furnishing of engineering services for an appraisal of the various portions of Dyke Water Company's water distribution systems, located within the City of Santa Ana in the newly annexed area lying westerly of the Santa Ana River~ said appraisali and inventory of said systems to be completed within a period of 45 days~ at a total sum of $1,400.00. The Council having unanimously waived the reading of the Resolution~ on motion of Councilman Hubbard, seconded by Heinly and carried: the following Resolution eh- titled: "Resolution No. 60-82 concerning parking limitations and curb markings in accords~ce there~th" amending the boundary of Parking District "B" to include the area on the north side of Sixth Street between Ross and Parton Streets and on the south side of Eighth Street between Ross and Patton Streets, as recommended bY the Department of Publi~ Works, ~s considered and passed by the following vote: Ayes~ Councilmen Noes~ Councilmen Absent ~ Councilmen Royal E. Hubbard~ Dale H. Heinly~ Bob Brewer~ A. A. Hall None Stanley C. Gou]d~ Jr. On motion of Councilman Hubbard, seconded by Heinly and carried, the City Council adjourned APPROVED ~ · Clerk-of-the Council