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HomeMy WebLinkAbout12-04-1961339 Council Chamber Santa Ana City Hall December 4, 1961. 7:30 P.M. City Couucil met in regular session. Meeting called to order by the Mayor. Present: Councilmen Absent: Councilmen Royal E. Hubbard, Henry H. Schlueter, Dale H. Heinly, A. A. Hall Bob Brewer The Pledge of Allegiance was given. Invocation was given by Reverend Jay Weener, Parkview Reformed Church Each member of the City Council having received copies of the Minutes of November 20, 1961, reading of the Minutes was dispensed with and approved as mailed, on motion of Councilman Hubbard, seconded by Heinly and carried. Bids Construct Camille St. btn Corta Drive and Andres Place Project C-65 Continued hearing Amend. Appl. No. 355 Jesse Ojeda On recommendation of the Manager and on motion of CounciLman Hubbard, seconded by Schlueter and carried, action was continued until the next meeting on the award of the bid for the construction of Camille Street between Corta Drive and Andres Placei~ Project. C-65. This being the date set for the continued hearin~ on Amendment Application No. 355,ii filed by Jesse OJeda, amending Sectional District Map 8-5-9, to reclassify from the! R-1 to the C-5 and R-1-B Districts, property on the south side of Seventeenth Street, between Mabury and Wright Streets (the southwest corner of Mabury and Seventeenth Streets)~ all as shown on Exhibit A.A. 355A; Communication ~as presented from the Planning Commission stating the Commission received and accepted a special study of the moning along East Seventeenth Street between the Santa Ana Freeway and Tustin Avenue and has taken the report of the Planning Department under submission and will forward to the Council, at the earliest possible date, its findings and recom-i! mendations and requesting that no action be taken on Amendment Application No. 355 which would pre-empt the widest possible range of choice on a lasting solution. the Ou motion of Councilman Heinly, seconded by Hubbard and carriedShearing was contint~ed Continued hearing Adopt Ordinance Establish drainage fees ~ Hearing Declare intention to grant Franchise to California Gas Transmission Co. Ordinance until the next meeting on Amendment Application No. 355, filed by Jesse OJeda. This being the date set for the Continued hearing on the adoption of an Ordinance to establish drainage fees, on motion of CounciLman Heinly, seconded by Hubbard and carried, the hearing was continued until the next meeting. This being the date set for hearing to grant a franchise to California Gas Trans- mission Company to install a pipe line for the transportion of gas within the City, Attorney Robert S. Barnes, Council for the Applicant, stated a great deal of effort has been made on the matter which involves the closing of one street and the laying of approximately 1200 feet of pipe on Huntzinger Avenue. The Application for Franchise has been filed as required by the provisions in the Charter and the Statutes of the State, and a clause has been inserted that the Franchise is not effective until such time as the Public Utilities Commission acts. Mr. Barnes further Stated that if the matter is delayed it is showing favoritism to the opposition and requested that the Applicant be permitted to lay the pipe under the conditions as set forth in the Charter. Mr. Harry L. LePape, 720 West 8th Street, Los Angeles, Counsel, Southern Counties Gas Company, again requested the Council postpone action on granting the franchise until such time as the Public Utilities Commission acts; the granting of the franchise would appear to be an endorsement by the Council and would be injurious to Southern Counties Gas Company. On motion of Councilman Heinly, seconded by Hubbard and carried, the affidavit of publication was:~ received and filed. On motion of Councilman Hubbard, seconded by Schlueter and i carried, the following Ordinance entitled: 340 Appeal Appl. No. 47 Continental Baking Co. Variance Appl. No. 1551 Reso. No. 61-280 Granting Appeal Appeal Appl. No. 48 James G. and Edna Andritch Variance Appl. No. 1549 "An Ordinance of the City Council of the City of Santa Ana granting to California Gas Transmission Company, a California Corporation, its subcessors and assigns, the franchise to construct, maintain, operate, renew, repair, change the size of and remove or abandon in place a pipe line, necessary or convenient for the Grantee's business in, under, over, along, or across certain public streets, alleys and ways dedicated to public use in the City of Santa Ana" was introduced, considered and placed on file for second reading. Appeal Application No. 47 of Continental Baking Company was presented on Variance Application No. 1551, to build an addition to existing warehouse, offices, etc., in the R-1 District, on property located at the southwest corner of First and Pacific Avenues, in the C-1 and R-1 Districts, wherein the Applicant appeals the condition of sidewalk requirements on Walnut Avenue. Edward J. Till, Architect, 145 West Painter, Whittier, representing the Applicant, presented photographs in duplicate showing three vie~$of the intersection of Pacific Avenue and subject property. On motion of Councilman Hubbard, seconded by Heinly and carried, the photographs were received and filed. Mr. Till stated their wall had been construc~ ed prior to the change in the grade of the street, and it would involve a great deal of expense to reconstruct the wall to place the sidewalk as required, and re- quested consideration to install the sidewalk to the curb line as an alternative. The Council having unanimously waived the reading of the Resolution, on motion of Councilman Heinly, seconded by Hubbard and carried, the following Resolution en- t it led: "Resolution No. 61-280 granting appeal on Appeal Application No. 47 filed by Continental Baking Company from one condition imposed pur- suant to a variance granted upon Variance Application No. 1551 by the Zoning Administrator" was considered and passed by the following vote: Ayes, Councilmen Royal E. Hubbard, Henry H. Schlueter, Dale H. Heinly, A. A. Hall Noes, Councilmen None Absent, Councilmen Bob Brewer Appeal Application No. 48 of James G. and Edna Andritch, was presented on Variance Application No. 1549, to build a duplex on an R-2 lot with existing single family dwelling at 1437 Cypress Avenue, in the R-2 District, wherein the Applicants appeal the denial of the Zoning Administrator. Mrs. Walter Fredriksen, 12912 Dean Street, representing the Applicant~, stated that although the maps show both sides of the Avenue 1400 block of Cypress/to be zoned R-2, there is a parking lot l'or Safeway directly across the street fro~ the Andritch property, and presented a photograph of the parking lot taken from the Andritch's driveway on the east side of Cypress Avenue. On motion of Councilman Hubbard, seconded by Heinly and carried, the photograph was received and filed. Mrs. Fredriksen further stated that other variances had been granted in the vicinity; that since the lots in this block are of unusual depth, 160 feet, and a re~oning to R-3 of the area is being contemplated, she felt the variance should be granted. Mrs. James Andritch, 1437 South Cypress Avenue, stated her proposed duplex would only have on~ bedroom to each unit and would sppeal to elderly couples, school teachers or married couples without children; a duplex would give her good use of the land as a residence and also as an income; would increase the property tax to the City; and would help to serve in the need for rent tal housing. On motion of Councilman Heinly, seconded by Hubbard and carried, the decision of the Zoning Administrator was upheld, and Appeal Application No. 48, filed by James G. and Edna Andritch, denied. 341 !City Council Variance Appl. No. 1562 ~Carl Belvedere & Assoc. Reso. No. 61-281 Adding Condition to Variancec~ Agreement John King Conditional Use Permit No. 79 Cmmmunication Joe Serna (Preliminary Record of Survey Map No. 195.) Preliminary Record of Survey M~p No. 222 Harvey A. Sprague Appeal Application No. 49 of the City Council was presented on Variance Application No. 1562, filed by Carl Belevedere and Asso~l. ates, to revise the plot plan approved on Variance Application 31o. 141T for a medical center and emergency Nospital on prop~. erty east of the northeast corner of Edinger Avenue and Center Street, in the R-1 District, wherein on November 20, 1961, the City Council determined to appeal said Variance Application. Carl Belvedere~ 1205 Mohawk Drive, questioned the Council as Councilman to why the appeal. . Helnl,7 stated there was an easement problem. 1~. Belvedere explained that the use for parking, of the private right-of-way easement along the i north portion of the subject property and as shown on Plot Plan (A), is the ultimate! desired; second choice, Plot Plan (B), exempts the area involved in the right-of-wayI easement, allows more than adequate parking~ and should they not be able to ~rminate the private right-of-way easement, this is the plan they would use. Virgil Elkins, 2210 North Poplar Street, the property owuer~ stated that in 1955 he secured the pri~ vate right-of-way easement to avoid having a land-locked piece of property, and to give him access frc~ his prope~y to a side street; that they are now working with the sub-divider, Park Homes, whereby they will give them six-feet eight-inches of ~i land to bring their sub-division up to legal size lots in exchange for the termina- ~. tion of their portion of the easement. 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. 61-281 adding one condition to a variance granted by the Zoning Administrator on Variance Application No. 1562 filed by Carl Belvedere and Associates and Virgil Elkins and Emma Lewis" was considered and passed by the following vote: Ayes, Councilmen Royal E. Hubbard~ Henry H. Schlueter, Dale H. Heinly~ A. A. Hall Noes, Councilmen None Absent~ Councilmen Bob Brewer ,, C~-~nication was presented from John K~ing, 2222 Edinger Avenue, requesting temporar~ relief from the requirements of curbs, gutters and sidewalk improvements for a period of one year, but be permitted to dedicate the necessary property to the City immedi-il ately, and also to enter into a written agreement to improve said street at the ex- ~i piration of one year. On motion of Councilman Hubbard~ seconded by Heinly and car- ried, the request of John King was granted, and the proper officials authorized to enter into an agreement with Mr. King, to be recorded~ stipulating that the require- ments for the street improvements be accomplished at such time as the adjoining prop~ erty is improved, or in any event, within one year from date of agreement. Communication was presented from Joe Serna advising of contemplated construction of units at 4629 West Sugar Avenue and the Planning Department advises it will be necessary to allow space for a proposed 40 foot street to serve said property, and requesting information if construction of units can take precedence and what period of time would be allowed to install said proposed street. (On January 16, 1961, Resolution No. 61-13 was adopted approving Preliminary Record of Survey Map No. 195, filed by Joe Serna, on three lots located on the north side of Sugar Avenue and approximately 660 feet west of Newhope Street, subject to conditions.) On motion of Councilman Heinly, seconded by Schlueter and carried, the communication was received, filed and referred to the Planning Department. # ~o~munication was presented from the Planning Department recommending approval of Preliminary Record of Survey Map No. 222, filed by Harvey A. Sprague, creating four lots located between Broadway and Birch Street and immediately north of Central 342 iPreliminary Record of Survey Map No. 223- W.J. Patillo Preliminary Record of Survey Map No. 228 Robert K. Wo~g Preliminary Record of Survey Map ~o. 227 John Magarro Preliminary Record of Survey Map No. 229 G&briel M. Giannini et al c~ x ff Tentative Tract Map No. 4a97 Harry Tancredi Revised Tentative Tract Map No.4450 Shareholder Properties, Inc. d~ Tentative Tract Map No. 4471 Walter Hiskey Avenue, subject to conditions. At the Council meeting held November 20, 1961, Planning Department had recommended denial, and the matter was continued. On motion of Councilman Hubbard, seconded by Heinly and carried, Preliminary Re- cord of Survey Map No. 222, filed by Harvey A. Sprague, was approved subject to conditions. # Communication was presented from the Planning Department recommending approval of Preliminary Record of Survey Map No. 223, filed by W.J. Patillo, creating four lots located between Birch Street and Broadway and approxinately 300 feet north of Central Avenue, subject to conditions. At the Council meeting held November 20, 1961, Planning Department had recommended denial, and the matter was continued. On motion of Councilman Hubbard, seconded by Heinly and carried, Preliminary Record of Survey Map No. 22~, filed by W.J. Patillo, was approved subject to ~onditions. # Communication was presented from the Planning Department recommending approval of Preliminary Record of Survey Map No. 228, filed by Robert K. Wong, creating two parcels located at the northwest corner of Standard Avenue and Occidental Street. On motion of Councilman Hubbard, seconded by Heinly and carried, Preliminary Record of Survey Map No. 228, filed by Robert K. Wong, was approved subject to conditions. Communication was presented from the Planning Department recommending denial of Preliminary Record of Survey Map No. 227, filed by John Magarro, creating four parcels on property on the south side of Sugar Avenue approximately 850 feet west of Harbor Boulevard. At the request of James E. Walker, Attorney, 310 Spurgeon Building, representing the owner and applicant, and on motion of Councilman Heinly, seconded by Hubbard and carried, the matter was continued until the next meeting. Communications were presented from the Planning Department recommending approval of Preliminary Record of Survey Map No. 229, filed by Gabriel M. Giannini, et al, creating two parcels located between Main Street and Newport Avenue approximately 135 feet north of the intersection of Main and Sunflower Street, subject to conditions. On motion of Councilman Heinly, seconded by Hubbard and carried, Preliminary Record of Survey Map No. 229, filed by Gabriel M. Giannini, et al, was approved subject to conditions. Communication was presented from the Planning Department recommending approval of Tentative Tract Map No. 4497, filed by Harry Tan~redi, creating 18 lots located at the southeast corner of Fruit and Mabury Streets, subject to conditions. On motion of Councilman Hubbard, seconded by Heinly and carried, Tentative Tract Map No. ~97, filed by Harry Tancredi, was approved subject to conditions. Communication was presented from the Planning Department recommending approval of Revised Tentative Tract Map No. 4450, filed by Shareholder Properties, Inc. creating 17 parcels located at the southwest corner of St. Gertrudes Place and Grand Avenue, subject to conditions. On motion of Councilman Hubbard, seconded by Heinly and carried, Tentative Tract Map No. 4450, filed by Shareholder Properties, Inc., was approved subject to conditions. Communication was presented from Harry R. Martin, Industrial Enterprises, Inc., requesting action be deferred until after January l, 1962, on Tentative Tract Map No. 4471, filed by Walter Hiskey, for subdivision of 50 acres into 30 lots on 343 Revised Tentative Tract Map No. 4404 Harry Tancredi Map of Tract No. 3921 C. Michael, Inc. Agreements Cal-Neon Co., et al; Orange County Sanitation Districts; Boy Scouts of America Escrow Instructions Reso. No. 61-2~2 Accept Deed Roy N. Edwards & Maybelle A. Ha~met property located at the northeast and southeast corners of proposed Edinger Street and Grand Avenue. On motion of Councilman Heinly, seconded by Hubbard and carried, the matter was continued until the meeting of January 15, 1962. Communication was presented~om the Planning Department recommending approval of Revisedi Tentative Tract Map No. 4404, filed by Harry Tancredi, creating 35 lots located on the west side of Wright Street and approximately 300 feet north of 17th Street, subject to conditions. On motion of Councilman Hubbard, seconded by Heinly and carried, Revised Tentative Tract Map No. 4404, filed by Harry Tancredi, was approved subject to conditionsi. Communication was presented from Virgil L. Paxton, 513 South Sullivan Street, stating if the course of Willits Street is changed as proposed in Final Map of Tract No 3921, his home will be located in the proposed street. On motion of Councilman Heinly, seconded by :i Hubbard and carried, the communication was received and filed, and Map of Tract No. 3921~ filed by C. Michael, Inc., for the dedication as public highways Fairview Street, Willit~ Street, Marine Street, King Street, Everglade Street, Glenarbor Street and Sullivan Street, and offer for dedication to the City all vehicular access rights to Willits Street and Fairview Street, except at street intersections, was approved subject to submission of bond covering the setting of the final monuments on Tract No. 3921, and approval of subdivision bond in the amount of $68,000.00; License in the sum of $3,500.001 ii accepted, and agreement covering improvements ordered signed. On motion of Councilman Hubbard, seconded by Schlueter and carried, proper officials were authorized to execute, the following agreements: With Cal-Neon Co., Foodmaker Co. and Jack L. Oatman, to construct an electric sign in front of property at 1936 West Seventeenth Street, which extends over and upon the established setback line; With Orange County Sanitation Districts to extend the term of lease for a period of Center twelve months, for rental of rooms 233 through 239 inclusive, in the Communit~ Building; With Boy Scouts of America to extend the term of lease for a period of thirty month~;, beginning August l, 1961 and ending January 31, 1964, for rental of rooms, i through 15 inclusiKe of Building T-12 in the Community Center Building. . It was moved by Councilman Hubbard, seconded by Schlueter and carried, that Escrow Instructions No. 46780-C, dated October 3, 1961, be approved and signed with Roy N. Edwards and Maybelle A. Hammel, in the sum of $45,000.00 for the real property located at the southeast corner of Flower and Eighth Streets and the sum of $11,287.41 to be de- posited into escrow to be paid to Standard Oil Company of California at such time as the~ escrow holder can deliver to the City a Bill of Sale from Standard Oil Company of California for the personal property located at said location, in accordance ~^~ith the terms of said escrow agreement. 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. 61-282 accepting deed where the City is paying a cash consideration" from Roy N. Edwards and Maybelle A. Hammel, for a parcel of real property on the south- east corner of Flower and Eighth Streets in the sum of $45,000.00 for said land and the sum of $11,287.41 to be deposited into escrow to be paid to Standard Oil Company of California at such time as the escrow holder can deliver to the City a Bill of Sale from 344 Reso. No. 61-283 Accept Deeds John A. O'Conner, et ex; Hodges Building Corp. $~L.~ Reso. No. 61-284 Authorize execution Quitclaim Deeds L.O. Burke, et ux; Greschner-Rabec Reso. No. 61-285 Authorize sale Surplus City. Property Reso. No. 61-2B6 Authorize sale , Surplus houses (Civic Center Area) Reso. No. 61-287 Authorizing condemnation property East of Baker Street for extension North half Brook Street Standard Oil Company of California for the personal property located at Said l~ca~ion, was considered and passed by the following vote: Ayes, Councilmen Royal E. Hubbard, Henry H. Schlueter, Dale H. Heinly, A.A. Hall Noes, Councilmen None Absent, Councilmen Bob Brewer 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. 61-283 accepting deeds where the City is paying no cash consideration" from John A. and Jean M. O'Conner, conveying an easement for water main purposes on the East side of Berrydale Street, North of Seventeenth Street; and from Hodges Building Corporation, for street easement at the northwest corner of Grand and McFadden Avenues, was considered and passed by the following vote: Ayes, Councilmen Royal E. Hubbard, Henry H. Schlueter, Dale H. Heinly, A.A. Hall Noes, Councilmen None Absent, Councilmen Bob Brewer 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. 61-284 authorizing execution of quitclaim Deeds by the City of Santa Aha" quitclaiming to L.O. and Thelma R. Burke all vehicular access rights on the west side of Standard Avenue, south of Edinger Street; and quitclaiming to Greschner-Rabec all vehicular access rights on the North side of First Street, west of Townsend Street, was considered and passed by the following vote: Ayes, Councilmen Royal E. Hubbard, Henry B. Schlueter, Dale H. Heinly, A.A. Hall Noes, Councilmen None Absent, Councilmen Bob Brewer 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. 61-285 authorizing sale of certain surplus personal property" located in the basement of the City Hall, was considered and passed by the following vote: Ayes, Councilmen Royal E. Hubbard, Henry H. Schlueter, Dale H. Heinly, A.A. Hall Noes, Councilmen None Absent, Councilmen Bob Brewer 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. 61-286 authorizing sale of houses, declaring the same to be surplus and to be personal property" was considered and passed by the following vote: Ayes, Councilmen Royal E. Hubbard, Henry H. Schlueter, Dale H. Heinly, A.A. Hall Noes, Councilmen None Absent Councilmen Bob Brewer 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. 61-287 authorizing condemnation of real property east of Baker Street for the extension of the north half of Brook Street to the east and declaring the necessity therefor" was considered and passed by the following vote: Ayes, Councilmen Noes Councilmen Absent Councilmen Royal E. Hubbard, Henry H. Schlueter, Dale H. Heinly, A.A. Hall None Bob Brewer 345' ItOrdinance No. NS-551 The Council having unanimously waived the reading of the Ordinance, on motion of l!repealing Ordinance NS-530- Establishing height Limitation Councilman Heinly, seconded by Hubbard and carried, the following Ordinance !ion Buildings in certain areas ~ ~1~ entitled: "Ordinance No. NS-551 repealing Ordinance No. NS-530 which established height limitations on buildings in certain areas" was considered and passed by the following vote: :iOrdinance No. NS-552 ireduce speed portions Verano St., Standard Ave., :& Edinger Avenue Ayes, Councilmen Royal E. Hubbard, Henry H. Schlueter, Dale H. Heinly, A.A. Hall Noes, Councilmen None Absent, Councilmen Bob Brewer The Council having unanimously waived the reading of the Ordinance, on motion of Councilman Heinly, seconded by Hubbard and carried, the following Ordinance entitled: "Ordinance No. NS-552 reducing the prima facie speed limit on portions of Verano Street, Standard Avenue and Edinger Avenue" by adding Subsections (e),(f) and (q) to Section 3280 of the Santa Ana Municipal iiOrdinance No. N$-553 Establish & modify Height Limitation ~Districts Code, was considered and passed by the following vote: Ayes, Councilmen Royal E. Hubbard, Henry H. Schlueter, Dale H. Heinly, A.A. Hall Noes, Councilmen None Absent, Councilmen Bob Brewer The Council having unanimously waived the reading of the Ordinance, on motion of Councilman Heinly, seconded by Hubbard and carried, the following Ordinance entitled: "Ordinance No. NS-553 establishing and modifying Height Limitation Districts; providing regulations applicable thereto and amending sections 9230.2, 9230.22, 9230.42, 9230.62, 9230.83, 9230.103, 9230.142, 9230.183, 9230.203, 9230.223, 9230.243, 9230.263, 9230.283, 9230.303,9230.325, 9230.343, and 9242 of Parts 3 and 4 of Chapter 2, Article IX of the Santa Ana Municipal Code" (which said amendments are to be those sections of said Code known as the "Zoning Ordinance of 1960"), was considered and passed by the following vote: ~!Ordinance amending ilMunicipal Code Sections 9324.1, 2 and 3 i(Relating to alleys) Ayes, Councilmen Royal E. Hubbard, Henry H. Schlueter, Dale H. Heinly, A.A. Hall Noes, Councilmen None Absent, Councilmen Bob Brewer . On motion of Councilman Heinly, seconded by Hubbard and carried, the following Ordinance entitled: "Ordinance amending Santa Ana Municipal Code Sections 9324, 9324.1, 9324.2 and 9324.3 relating to alleys" !Agreement Robert Michael Hernandez Architect (Municipal Bowl) was introduced, considered and placed on file for second reading. # An oral report was presented from the Committee appointed at the last Council meeting to interview and recommend Architects in connection with the construction of a Municipal Stadium. Four firms were recommended in the following order from those considered: All three of the Committee members recommended Adrian Wilson and Robert Michael Hernandez; two of the members recommended Boyle Engineering; and one member recommended Harold Gimeno. On motion of Councilman Hubbard, seconded by Heinly and carried, proper officials were authorized to enter into an agreement with Robert Michael Hernandez to make preliminary surveys, certai tests, and cost estimates, at both sites and directing that recommendations be presented to the Council before further preparation of plans. 346 Communication Communication was presented from Mrs. Louie Boer, 912 North Lowell! setting forth Mrs. Louie Boer (Municipal Bowl) the question of whether the Council proposed to hire a Survey House, an architect, or an engineer; requesting they instruct the firm they retain to make a complete survey of both sites; and also requesting that Council make public, immediately, th~ Communications Boundary Commission; Board of Supervisors; Orange County Water District; et al name of the firm they retain. On motion of Councilman Hubbard, seconded by Heinly and carried, the communication was received and filed. . On motion of Councilman Hubbard, seconded by Schlueter and carried, the following communications were received and filed: From the Boundary Commission regarding proposed annexation of territory to the City of Tustin "Pannell Annexation" located northeast of Newport Avenue and A.T. & S.F. Railway, and advising the boundaries of the proposed annexation are reasonably definite and certain as to Section 35002 of the Government Code; From the Boundary Commission regarding proposed annexation of territory to the City of Tustin "First Southern Baptist Church of Tustin" located on the south- west corner of San Juan and Redhill Avenues, and advising the boundaries of the proposed annexation are reasonably definite and certain as to Section 35002 of the Government Code, although it cuts property on possible future right-of-way line; From the Boundary Commission regarding proposed annexation of territory to the City of Tustin "B.F. Beswick School Uninhabited Annexation," located north and south of Mitchell Avenue and west of Utt Drive, and advising the boundaries of the b~%Wproposed annexation are reasonably definite and certain as to Section 35002 of the Government Code; From the Board of Supervisors submitting Resolution No. 61-1207 adopted November 22, 1961, establishing an "Orange County and Cities Civil Defense Planning Board," for the purpose of assuring a coordinated and unified effort between the t%Cities of Orange County and the County of Orange in Civil Defense and Disaster Relief, and such coordination shall be based upon master mutual aid agreements entered into through appropriate legislative action by each City and the County of Orange; From Orange County Water District submitting Resolution No. 670 concerning the proposed contract between the United States and the State of California, for tbs joint use of the San Luis facilities, and urging that Federal law and policies not b~be imposed upon the State operations in its service areas, and requesting assistance in this matter; From Attorney George E. Bradley, representing Ralph Clayton, Owner-Manager Santa Aha Bus Service, requesting that a franchise be granted for the operation of %~Othe bus service within the City, and advising Mr. Clayton desires to improve his equipment by the purchase of some new busses; From the City of Orange submitting copy of Resolution No. 1815, proposing to ~annex certain real property on the north side of Fletcher Avenue, west of Glassell Street, designated "Annexation No. 173;" From CudmhyImprovement Association, Inc., soliciting City's support and efforts in behalf of requesting Governor Brown to include as part of an extra 'ordinary ~ession, to run concurrently with the 1962 Budget session starting in February, the!i subject matter of outlawing draw poker and low ball draw poker in California, and urging adoption of a Resolution; ~i From the City of Stanton submitting copy of Resolution No. 309, adopted November 13, 1961, to amend Section 330 of the State Penal Code, opposing legalized draw poker in the City of Stanton and requesting the Governor to call a Special ^q~session of the Legislature to consider legislation or a referendum to correct loop- holes in Section 330 of State Penal Code, and urging the City to adopt a similar Resolution; From Mr. and Mrs. Clarence Baum, 1111 East First Street, objecting to the proposed underpass on East First Street; Application of the State Department of Public Works before the Public Utilities Commission for an order authorizing construction of four crossings at separated grades whereby State Route VII-Ora-174, 19, 179-Ora, SA, A will be ~%carried over the tracks of the Southern Pacific Company, and the widening~of two existing crossings at grade, in Orange County, referred to as "Northwest oonnector Overhead", "North Bristol Overhead", "Route 179/174 Separation and Overhead", and the "Southeast Connector Overhead"; Minutes of the 178th meeting of the Orange County Mosquito Abatement District, Dated November 17, 1961; and Notifications of the Department of Alcoholic Beverage Control Applications of Emiliano R. and Esther G. Rico, 202 North Grand Avenue; Aurora V. and Gerald J. Garcia, 3502 West Fifth Street; Sidney Abbott, E.D. Lee, Vivian Leavitt, and Bernard Corren, 1490 South Los Angeles Street, Anaheim; Noah C. and Vonnie M. Bailey, 1609 Greenville Street; and David L. and Joyce A. Moore, 1524 South Flower Street. 347 '- Communication Communication was presented from Attorney James H. Walsworth, for Mil-Ed, Inc., dba James H. ~alsworth (Amend Municipal Code The Club Gardens, 807 South Main Street, requesting consideration of Section 6372, relating to dancing) ~ ~q Subdivision (d) of the Municipal Code relating to public dancing, and that the wording of said Subdivision of said Section be amended by deleting therefrom the words"., or permit any dancing during the evening or nighttime of any Sunday"; or, in the alternative, by amending said Subdivision of said Section by specifically exempting a person conducting a Public Dancing Place from the provisions of said Subdivision pertaining to dancing on Sunday. James H. Walsworth, 1716 Orange Avenue, Costa Mesa, stated his client and other persons engaged in similar businesses were financially affected by decreases of $500.00 to $1,000.00 per week from the gross income because of the restriction in the present Section of the Municipal Code relating to dancing. On motion of Councilman Heinly, seconded by Hubbard and carried, the communication Merit Salary Increases was received, filed, and the matter referred to the City Attorney. On motion of Councilman Hubbard, seconded by Heinly and carried, the written recommendation of the Manager, dated November 28, 1961, was approved for salary step Request K.E.C. Company .Extension of time construct storm drain ~channel Camille St. btn Newhope St. & C-5 Channel Proj. D-39 Advertise for bids widen Grand Ave. btn 17th St. and Santa Clara Ave., Proj. No. 127e ~ P ? increases for four employees effective December 1, 1961, and four employees effective January l, 1962. . On motion of Councilman Hubbard, seconded by Heinly and carried, the recommendation of the Department of Public Works was approved and the request of K.E.C. Company granted for an extension of three days' time on the construction of a PCC lined trapezoidal storm drain channel along Camille Street between Newhope Street and the C-5 Channel, Project D-39. On motion of Councilman Hubbard, seconded by Heinly and carried, the request of the Department of Public Works was granted, and the Purchasing Agent authorized to advertise for bids for the widening of Grand Avenue between Seventeenth Street and Santa Clara Avenue, Project No. 127; bids to be opened January 2, 1962. Approve payment Practical Juilders, Inc. Willits St. esst and west of Western Ave., Street Improvements Change Order ?~o. 1 Steiny & Mitchel, Inc. (construct traffic signal & lighting isystems at 3d~. & 18th Sts.; et al) On motion of Councilman Hubbard, seconded by Heinly and carried, the request of the Department of Public Works was approved for payment to Practical Builders, Incorporated! in the sum of $1,597.47, for City's share of street improvements on Willits Street east and west of Western Avenue, in conjunction with Tract Number $002, in exchange for dedication of Willits Street to ultimate width, and construction of curb, gutter, sidewalk and pavement. On motion of Councilman Hubbard, seconded by Heinly and carried, the request of the Department of Public Works was granted, and Change Order No. l, dated November 29, 1961, with Steiny and Mitchel, Incorporated, approved for a credit in the amount of $307.00, in connection with the construction of traffic signal and lighting systems at Breadway and Eighth Street; Westminster Avenue and Newhope Street; Grand and Mc- Fadden Avenues; and First and Fairview Streets; as the County has recently constructed new curb, gutter and sidewalk on the south side of Eighth Street west of Broa~ay, but the paving of the street has not been done, in order to install the traffic signal system to conform to the width of Eighth Street the following change in the present contract must be made: (1) delete one eight foot pressure detector and conduit to existing pull box. 348 lRelease Bond ~Trsct No. 3775 [ c~ ~ Advertise for bids one truck, four Zhassis w/cabs, seven Police Sedans; nine Motorcycle & Automobile Police & £ire Dept. type radios; Public Park Sprinkler System; Traffic Control Devices Request Dept. Alcoholic Beverage Control Use of room in City Hall for Departmental Hearings a~ Proposed Grade Separation East First St. at So. Pacific & A.T. & S.F. Railway tracks (set hearing date) Appointment Personnel Soard Appointment Representative Orange County Mosquito Abatement Dist. Request James N. Guthrie (Orange County Optimists' Youth Band) Sell Candya~o Request Boy Scout Troop #7 Sell Christmas Trees S.W. corner McFadden & Center Sts.(R-1 District) Application to Solicit Funds On recommendation of the Department of Public Works, and on motion of Councilman Hubbard, seconded by HeinlY and carried, bond in the sum of $2,175.00, filed by Hunny Investment Co., for the improvements on property located on the west side of Verano Street approximately 700 feet south of Bolsa Avenue (West First Street), in Tract No. 3775, was ordered released and improvements accepted as completed. On motion of Councilman Hubbard, seconded by Heinly and carried, the Purchasing Agent was authorized to advertise for proposals to furnish and deliver the following items: 1. One (1) ½ ton pick up truck. Two (2) 9800 G.V.W. Chassis w/cab. Two (2) 19500 G.V.W. Chassis w/cab. Seven (7) Four Door Police Sedans, in accordance with Specification 621-32. 2. Six (6) motorcycle type police radios. Two (2) automobile type police radios. One (1) Automobile type fire dept. radios, in accordance with Specification 654-5. 3; Various specified materials required for a public park Sprinkler System, in accordance with Specification 691-16. 4. Various specified traffic control devices required for use in fiscal year 1961-62, in accordance with Specification 643-6. Bids to be opened December 18, 1961. On motion of Councilman Hubbard, seconded by Heinly and carried, the request of the Department of Alcoholic Beverage Control was granted for use of a room in the City Hall for a full day, once or twice a month, for Departmental Hearings. Reservations for use of the Council Chamber to be made in advance with the Clerk of the Council as required. On motion of Councilman Hubbard, seconded by Schlueter and carried, the request of the Manager was granted, and the Clerk instructed to publish a notice of public hearing on the question of construction of the grade separation proposed to be located at East First Street intersection with Southern Pacific and Atchison, Topeka and Santa Fe Railway tracks; and setting the date of hearing on December 18, 1961. On motion of Councilman Hubbard, seconded by Schlueter and carried, action was again postponed to the next meeting on one appointment to be made on the Personnel Board to fill the unexpired term of Sam Lyons; term to expire July 1, 1964. On motion of Councilman Hubbard, seconded by Heinly and carried, Mr. W.D. Obarr was was reappointed as the City of Santa Ana's representative on the Board of Trustees, Orange County Mosquito Abatement District; term to expire December 31, 1963. . On motion of Councilman Hubbard, seconded by Heinly and carried, the request of James N. Guthrie was granted, for the Orange County Optimists' Youth Bank to sell candy during the month of December, 1961. On motion of Councilman Hubbard, seconded by Heinly and carried, the request of Roland A. Cote, Committee Chairman, Boy Scout Troop ~7 was granted, to sell Christmas Trees from December 15 to December 24, 1961, at the southwest corner of McFadden and Center Streets, on the property of the Immaculate Heart of Mary Church; said property being in the R-1 District. ,, On motion of Councilman Hubbard, seconded by Heinly and carried, the application of Camp Fire Girls, Orange County Council, Inc., was approved, to solicit funds January 12 through January 29, 1962, to supplement the funds received from the local Community 3,4 9 Application to Solicit Funds Application to Solicit Funds Claim for Injuries Report Stone & Youngberg "Financing Water System Improvements"; Employ O'Melveny ~ Myers ~ Communication City Attorney Doctors Hospital Flagpole Dedication C erem%n~, ~ Vehicle Parking District No. 1 Reso. No. 61-288 Establish No Parking Zones Fifth St. & Cypress Avenue ~Reso. No. 61-289 Establish No Parking Zones south side ~alnut St. btn. :Minnie St. & A.T. & S.F. Ry. (Mr. Devens, 1st St. P.O. Annex) Chest to balance the budget for the Camp Fire Girls Council's operating expenses. On motion of Councilman Hubbard, seconded by Heinly and carried, the application of the Church of the Palms and the Spanish Seventh-day Adventist Church was approved, to solicit funds December 9, 1961 to January 6, 1962, for their annual Ingathering fund- raising program. On motion of Councilman Hubbard, seconded by Heinly and carried, the application of Pure Gospel Bible School and Temple, Inc., was denied to solicit funds December 1, 1961, to purchase Bibles, tracts and textbooks. On motion of Councilman Hubbard, seconded by Heinly and carried, the claim of Evelyn · Louise Wallace, for alleged personal injuries and damages in the sum of $50,000.00, due to failure of bus driver of Santa Aha Bus Service to yield right-of-way at the intersection of Parton and Bishop Streets, was referred to the Attorney and Insurance Carrier. On motion of Councilman Heinly, seconded by Hubbard and carried, the report entitled "Financing Water System Improvements,~ presented by Edwin A. Wells, Jr. of the firm of Stone & Youngberg, Municipal Financing Consultants, was received and filed. On motion of Councilman Heinly, seconded by Hubbard and carried, the employment of O'Melveny & Myers, Bonding Attorneys, was approved to establish procedures leading to an election in connection with the issuance of water revenue bonds, and authentication of said bonds upon approval at said election. Communication was presented from the City Attorney outlining the request of Doctors Hospital to close Nineteenth Street to t;raffic for one hour for their flagpole dedication ceremony to be held at 12:00 noon, December 5, 1961. On motion of Councilman Heinly, seconded by Hubbard and carried, the request of Doctors Hospital was granted to close Nineteenth Street for one hour on December 5, 1961. On motion of Councilman Heinly, seconded by Hubbard and carried, the matter of the recommendation from the Manager regarding the possible sale of the present Vehicle Parking District lot and the acquisition of an equivalent parking lot was continued to the next meeting. The Council having unanimously waived the reading of the Resolution, on motion of Council- man Heinly, seconded by Hubbard and carried, the following Resolution entitled: "Resolution No. 61-288 concerning parking limitations and curb markings in accordance therewith" establishing No Parking Zones on the south side of Fifth Street between Ross Street and Van Ness Avenue and on the east side of Cypress Avenue between Bishop and Camille Streets, as recommended by the Department of Public Works, was considered and passed by the follow- ing vote: Ayes, Noes, Absent, Councilmen Royal E. Hubbard, Henry H. Schlueter, Dale H. Heinly, A.A. Hall Councilmen None Councilmen Bob Brewer The Council having unanimously waived the reading of the Resolution, on motion of Council- man Heinly, seconded by Hubbard and carried, the following Resolution entitled: "Resolution No. 61-289 concerning parking limitations and curb markings in accordance therewith" establishing No Parking Zones on the south side of Walnut Street between Minnie Street and the Atchison-Topeka & Santa Fe Railway reference request of Mr. Devens, First Street Post Office Annex, was considered and passed by the following vote: , 350 Reso. No. 61-290 Establish No Parking Zones west side Sycamore St. btn 8th & 10th Sts. (Security Title Insurance Co.) Ayes, Councilmen Royal E. Hubbard, Henry H. Schlueter, Dale H. Heinly, A.A. Hall Noes, Councilmen None Absent Councilmen Bob Brewer The Council having unanimously waived the reading of the Resolution, on motion of Council man Heinly, seconded by Hubbard and carried, the following Resolution entitIed: "Resolution No. 61-290 concerning parking limit- ations and curb markings in accordance therewith" establishing No Parking Zones on the west side of Sycamore Street between Eighth and Tenth Streets, reference request of F.R. Marvin, Vice President and Manager, Security Title Insurance Company, was considered and passed by the following vote: Request Mrs. Paul D. Galvan (Speed Limit) Ayes, Councilmen Royal E. Hubbard, Henry H. Schlueter, Dale H. Heinly, A.A. Hall Noes, Councilmen None Absent, Councilmen Bob Brewer On motion of Councilman Heinly, seconded by Hubbard and carried, the request of Mrs. PaulI D. Galvan, 606 South Standard Avenue, for a speed limit zone on Standard Avenue was received,filed and the Manager instructed to inform Mrs. Galvan that an Ordinance was introduced at a previous meeting and adopted at this meeting reducing the speed limit on Reso. No. 61-291 Establish No Parking Zone east side Flower St. btn Bishop & Richland Sts. from 7:00 A.M. to 4:00 P.M. (Mrs. Amalia A. Eastman) Standard Avenue. 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. 61-291 concerning parking limit- ations and curb markings in accordance therewith" repealing and rescinding that portion of Resolution No. 59-111, adopted May 4, 1959, ordering No Parking at any time on the east side of Flower Street between Bishop and Richland Streets; and establishing No Parking from 7:00 A.M. to 4:00 P.M. on the east side of Flower between Bishop and Richland Streets, reference request of Mrs. Amalia A. Eastman, was considered and passed by the following vote: Reso. No. 61-292 Establish No Parking Zones east side Bristol btn 17th St. & Martha Lane (Bernard Baron) Ayes, Councilmen Royal E. Hubbard, Henry H. $chlueter, Dale N. Heinly, A.A. Hall Noes, Councilmen None Absent, Councilmen Bob Brewer The Council having unanimously waived the reading of the Resolution, on motion of Council~ man Heinly, seconded by Hubbard and carried, the following Resolution entitled: "Resolution No. 61-292 concerning Parking limit- ations and curb markings in accordance therewith" establishing No Parking Zones on the East side of Bristol Street between the south curb line of Seventeenth Street and Martha Lane, reference verbal request of Bernard Baron, was considered and passed by the following vote: Variance Appl. No. 1564 Wm. F. Wenke & Harry Tancredi Ayes, Councilmen Royal E. Hubbard, Henry H. Schlueter, Dale H. Heinly, A.A. Hall Noes, Councilmen None Absent, Councilmen Bob Brewer It was moved by Councilman Heinly, seconded by Schlueter and carried, that Variance Application No. 1564, filed by William F. Wenke and Harry Tancredi, to clarify use of second floor of building located at 2006 North Broadway, be brought up on appeal at the next meeting. On motion of Councilman Hubbard, seconded by Heinly and carried, the City Council adjourned. PPROVm 'Cl~rk of t~e ~ouncil