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HomeMy WebLinkAbout05-06-1963MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA May 6, 1963 The meeting was called to order at 7:30 p.m. Roll call was answered by Councilmen Hubbard, Harvey, Gilmore, Schlueter, and Mayor Hall. Following the Pledge of Allegiance to the Flag, the Invocation was delivered by the Reverend Jack Pettigrew, Associate Minister of the First Christian Church. MINUTES On motion of Councilman Hubbard, seconded by Councilman Schlueter and carried, the Council approved the minutes of the Regular Meeting of April l, 1963, the Adjourned Regular Meeting of April 9, 1963, the Regular Meeting of April 15, 1963, and the Special Meeting of April 25, 1963. EUCLID AVENUE On motion of Councilman Hubbard, seconded RECONSTRUCTION by Councilman Schlueter and carried, Council extended the bid opening date to May l~, 1963 for the reconstruction of Euclid Avenue between Roberts Drive and Bolsa Avenue, Project 129. APPEAL Councilman Gilmore disqualified himself in the following matter and left the Council Chamber. Mayor Hall opened the hearing on Variance Application 1753 filed by Charles P. Rumell, appealing denial of variance by Planning Commission to construct a four unit, two-story apartment building on the rear of R i property at 926 Orange. The Clerk reported that notice of the hearing was given as required by law and that no written protests or objections had been received. Council heard testimony from the applicant who cited setbacks and parking arrange- ments of surrounding properties. There being no further testimony, the hearing was closed. It was moved by Councilman Harvey, seconded by Councilman Hubbard and carried, that the Council overrule the action of the Planning Co~mnission and instruct the City Attorney to prepare a resolution grantin~ subject to applicable conditions, Variance 1753. HEARING - VA 175~ ELKS ASSOCIATION Councilman Gilmore returned to the Council Chamber and resumed his seat at the Council table. Mayor Hall opened the hearing on Appeal No. 81, filed by the Public Works Director, objecting to conditions ~ (e)~ 3 (d), and 5 (a) (b) (c), imposed by the Planning Commission in its approval of Variance Application No. 175~. Council heard a statement by the City Manager, representing the appellant, explaining the conflict in the conditions and requesting that a twenty-one foot dedication along First Street be required at the present time. Roy Giordano, 310 N. Main Street, represented the applicant, submitting that the present plans of the City did not require an immediate dedication, but the acceptance by the City of a continuing offer of dedication at such time as the taking would be required for street widening. The applicant w~s in City Council - 85 - May 6, 1963 agreement with the appeal, and requested the Eouncil to grant the appeal and strike the protested conditions imposed by the Planning Con~nission. Council also heard testimony from Robert C. Politiski, President of the Elks Building Association, relative to the Elks' lease ~n the property and the necessity of taking any change in requirements back to the membership for a vote. There being no further testimony, the hearing was closed. It was moved by Cou~cilm~n Hubbard, seconded by Councilman GiLmore, and carried, that the City Attorney be instructed to prepare a Resolution of Findings and Decision incorporating the following changes to the findings and decision set forth in Planning Commission Minutes of March 25, 196S with regard to Variance Application No. 175~: 1. That Condition 3 (e) be changed to delete the requirement for improvement plans for First Street. That Condition (d) under Item 3 be deleted and added to the continuing offer of dedication described as Condition (a) under Item 5, as follows: That a 25-foot radius property line spandrel easement be provided for at the southeast corner of First Street and Lyon Street and at the southwest corner of First Street and Elk Lane. In answer to a question by Mr. Politiski, Mayor Hall stated that it was the understanding of the City Council that the Elks Association would be reimbursed for ten and one-half feet of the required twenty-one feet dedicated on First Street. HEARING - VA 1751 Mayor Hall opened the hearing on B & K Properties Variance Application 1751 filed by H & E Properties from the Planning C~issi~n's denial of a variance to construct a 15 building, 56 unit, two-story apartment cmaplex at 1215 E. Edinger. The Clerk reported that evidence of giving proper notice of the hearing was on file in the Clerk's Office and that no written protests or objections had been received. The Clerk submitted a letter from the applicant requesting that the matter be referred back to the Zoning Administrator. On motion of Councilman Bubbard, seconded by Councilman Schlueter and carried, Council received, ordered filed, and approved the request, and closed the hearing. HEARING - AA ~3~ Mayor Hall opened the hearing on WIISON Amendment Application k3~ filed by H. G. Wilson, proposing the prezoning of property on the south side of East First Street, east of the Santa Aha Freeway. The Clerk reported that evidence of giving proper notice of the hearing was on file in the Clerk's Office. Councilman Hubbard disqualified himself in this matter and abstained from any discussion of action. On motion of COuncilma~ Harvey, seconded by Councilman Schlueter and carried, Council received and ordered filed the Minute Order of the Planning Commissi~ rec¢....-mnding that a variance be filed, and two letters from All-State Insurance Company opposing the c~ercial zoning. Council heard testimony from Dale Heinly, 611 West 8th Street, attorney representing the applicant. There being no further testimony, the hearing was closed. On motion of Councilman Gilmore, seconded by Cotmcilman Schlueter and carried, Council approved the applicant's proposal for pre-zoning and instructed the City Attorney to prepare an amending ordinance according to EEhibit ~3~-A. City Council - 86 - 6, 1963 ~HEARING - A.A. ~B6 Mayor Hall opened the hearing on Amendment SCHEVE Application ~36 filed by Casper B. Scheve, proposing the reclassification of property on the south side of Edinger approximately 1400 feet west of Bristol from the R L$ist~ict to the C 5, R 2, R 2 B, and R 1 Districts. The Clerk read planning Commission Resolution 5613 at the request of Eugene Katnik, 803 Broadway, representing the applicant° There being no further testimony the hear- ing was closed. On motion of Councilm~n Hubbard, seconded by Councilman Harvey and carried~ Council approved the reclassification and instructed the City Attorney to prepare an appropriate amending ordinance according to Exhibit AA 436-B. HEARING - A.A. 438 Mayor Hall opened the hearing on Amendment HEIN Application 438 filed by Adolph Hein, propos- ing the reclassification of 5.7 acres on the north side of West Fifth Street approximately 1, O00 feet west of Harbor, from the R i to the R ~ District by the amendment of Sectional District Map 9-5-10. Norman E. Caldwell, 2020 N. Broadway, spoke on behalf of the applicant. There being no further testimony, the hearing was closed. On motion of Councilman Hubbard, seconded by Councilman Schlueter and carried, Council approved the reclassification and instructed the City Attorney to prepare an amending ordinance according to Exhibit AA 438-A. &h~ 6 RES. 63-7 RESOLUTION NO. 63-76 OF THE CITY COUNCIL OF MASTER WAGE sCALE THE CITY OF SANTA ANA, CALIFORNIA, DETERMIN- ING, ASCERTAINING AND FIXING THE GENERAL PREVAILING RATE OF PER DIE WAGES AND THE GENERAL PREVAILING RATE FOR HOLIDAY AND OVERTIME WORE FOR EACH CRAFT, CLASSIFICATION OR TYPE OF WORKMAN ~:,:~D TO EXECUTE ALL CONTRACTS FOR PUBLIC WORK IN SAID CITY AND REPEALING RESOLUTION NO. 62-175, was introduced by title. It was moved by Councilman Hubbard, seconded by Councilman Schlueter, that further reading be waived and Resolution No. 63-76 be adopted. On roll call vote: AYES, COUNC II,MEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN: Hubbard, Harvey, Gilmore, Schlueter, Hall None None HEARING - ASSESSMENT Mayor Hall opened the hearing on Resolution DISTRICT 213 of Intention No. 6~-49 in the matter of proposed Assessment District 213 (Bolsa- Andres), and also the hearing on whether public convenience and necessity require such improvements and whether the same should be ordered without application of the Special Assessment Investigation~ Limitation and Majority Protest Act of 1931. The Clerk reported that notice of the hearing had been properly given and submitted Certificate of Mailing, Certificate of Posting, and Affidavit of Publication of notice of hearing. It was moved by Councilman Hubbard, seconded by Councilman Gilmore and carried~ that the documents be received and ordered filed with the Clerk. Henry Mohle, Associate Engineer for the City of Santa Aha, described the boundaries of the district, and the proposed improvements, and stated that in his opinion all lots and parcels within the proposed assessment district will be benefited by the construction of the improvements. The Clerk reported that no written protests or objections had been received. There being no response to the Mayor's call for oral protests or co~ents, the hearing was closed. City Council - 87 - May 6, 1963 RES. 63-82, ORDERING WORK RESOLUTION NO. 63-82 OF THE CITY ASSESSM~ DISTRICT 213 COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, MAKING FINDINGS, AND OVERRULING PROTESTS AND OBJECTIONS: ORDERING THE CONSTRUCTION OF CERTAIN WORK AND THE GIVING OF NOTICE ]/IVITING BIDS TKEREFOR (Assessment District No. 213, Boise-Andres), was read by title. It was moved by Councilman Hubbard, seconded by Councilm-n Schlueter, that Further reading be waived and Resolution 63-82 be adopted. On roll call vote: AYES, COUNCILMEN: NOES, COUNC II24EN: ABSENT, COUNCILMEN: Hubbard, Harvey, Gilmore, Schlueter, Hall None None RES. 63-85 WAGE RATE, RESOLUTION NO. 63-83 OF THE CITY ASSESSMENT DISTRICT 213 COUNCIL OF THE CITY OF SANTA ANA~ CALIFORNIA~ DETERMINING THE GESERAL PREVAILING RATE OF PER DI~ WAGES FOR LEGAL HOLIDAY AND OVERTIME WORK IN SAID CITY FOR CERTAIN CRAFTS OR TYPES OF WORI~4EN (Assessment District No. 213, Boise-Andres ), was read by title. It was moved by Councilman Hubbard, seconded by Councilman Schlueter, that further reading be waived and Resolution 63-83 be adopted. On roll call vote: AYES, COUNCILMEN: NOES, CO~3NCII24EN: ABS~, COUNCIIREN: Hubbard, Harvey, Gilmore, S~lueter, Hall None None RES. 63-6~ TRAFFIC Mayor Hall opened the hearing on CHANNELIZATION the proposed charmelization of ~ AT SE~r~:,:~'r~ Flower Street at Seventeenth. There being no response to the Meyor's call for testimony, the hearing was closed. RESOLUTION NO. 63-69 PROHIBITING PARKING ON THE EAST SIDE OF FLOWER STREET FOR 205 ~'mu=.. SOUTH OF 17TH STRmmA' AND AUTHORIZING CURB MAHEINGS~ was intro- duced by title. It was moved by Councilman Hubbard, seconded by Councilman Harvey, that further reading be waived and Resolution 63-69 ~e adopted. On roll call vote: AYES, COUNCIXRES: NOES, C0t~NCIIA~N: A]~EST, COUNCILMEN: Hubbard, Harvey, Gilmore, Schlueter, Hall None None NEARI~G - RIGHT OF Mayor Hell opened the hearing ca WAY LINES-GRAND AVENUE proposed right of way lines for Grand Avenue. The Clerk reported that evidence of giving proper notice of the hear~-_= was on file in the Clerk's office an~ thee no written pro, eats or objections had been received. There being no response ~o the Mayor's call for testimony, the hearing was closed. It was moved by Councilman Hubbard, seconded by Councilman Sehlueter and carried, that the City Attorney be instructed to prepare an appropriate ordt-auce to amend Municipal Co~e Section 9271 to establish future right of way lines for Gran~ Avenue from Santa Clara to Warner Avenue. RES. 63-84 Mayor Hall opened the hearin~ on W.-:.. ABATID~I~T Resolution 63-~3, givi~ no, ice of a~l ~ed aba~nt proart. ~e C~rk ~o~ed ~hat evidence of giv~ pr~r n~ice of the hearts ~s ~ fi~ ~ the Clerk's office City Council - ~ - ~ 6, 1963 and that no written protests or o~Jectlons had been received. There being no response to the Mayor's cai~ ~r b~mony, the hearing was closed. RESOLUTION NO. 63-84 OBDERING THE STRmmT SUPERINTENDENT TO ABATE TM PUBLIC NUISANCE HERETOFORE DECLAP~D BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, TO-WIT: W,:~:~)S WHICH BEAR SW. RnS OF A WINGY OR DOWNY NATURE AND ATTAIN SUCH A LARGE GROWTH AS TO BECOME A FIRE MENACE ~ DRY AND WI{ICH ARE NGXIOUS AND DANGEROUS, GROWING UPON CERTAIN STREETS, SIDEWALKB AND PRIVATE PROPERTY IN THE CITY OF SANTA ANA, BY HAVING THE W":":~)S REFERRED TO REMOVED, was introduced by title. It was moved by Councilman Hubbard, seconded by Councilman Schlueter, that further reading be waived and Resolution 63-84 be adopted. On roll call vote: AYES, COUNCILMEN: NOES, C 0UNC II/~EN: ABSENT, COUNCII~: Hubbard, Harvey, Gilmore, Schlueter, Hall None None 0BD. NS-651, ORDINANCE NO. NS-651 AMENDING ARTICLE AMENDMENT APPLICATION 432 IX OF THE 8AliTA ANA MUNICIPAL CODE TO CHANGE DISTRICT CLASSIFICATION ON AMENDMENT APPLICATION NO. 432 AND AMENDING SECTIONAL DISTRICT MAP 7-5-9 (EXHIBIT AA 432 A) was introduced by title. It was moved by Councilman Hubbard, seconded by Councilman Harvey, and unanimously carried, that further reading be waived and Ordinance No. N8-651 be passed to second reading. ORD. NS-652, ORDINANCE NO. N8-652 AMENDING ARTICLE AMENDMENT APPLICATION 433 IX OF THE SANTA ANA MUNICIPAL CODE TO CHANGE DISTRICT CLASSIFICATION ON AMENDMENT APPLICATION NO. 433 AND AMENDING SECTIONAL DISTRICT MAP 14-5-10 (~{HIBITAA 433 A) was introduced by title. It was moved by Councilman Hubbard, seconded by CounciLman Harvey, and unanimously carried, that further reading be waived and Ordinance No. NS-652 be passed to second reading. ORD. NS-650, FIRST ORDINANCE NO. NS-650 DECLARING THE STREET ANNEX NO. 1 ANNEXATION OF TERRITORY DESIGNATED "EAST FIRST STREET ANNEX NO. 1" was introduced by title. It was moved by Councilman Hubbard, seconded by CounciLman Schlueter, that further reading be waived and Ordinance No. NS-650 be adopted. On roll call vote: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCII24EN: Hubbard, Harvey, Gilmore, Schlueter, Hall None None ORD. NS-648, ORDINANCE NO. NS-648 AMENDING ARTICLE AMENDMENT APPLICATION 428 IX OF Tam SANTA ANA MUNICIPAL CODE TO CHANGE DISTRICT CLASSIFICATION ON AMENDMENT APPLICATION NO. 428 AND AMENDING SECTIONAL DISTRICT MAP 17-5-9 (EXHIBIT AA 428 C) was introduced by title. It was moved by Councilman Hubbard, seconded by Councilman Schlueter, that further reading be waived and Ordinance No. NS-6~8 be adopted. On roll call vote: AYES, COUNCILMEN: NOES, C OUNC ILMEN: ABSENT, COUNCILMEN: Hubbard, Harvey, Gilmore, Schlueter, Hall None None City Council - 89 - May 6, 1963 ~9' 0RD~ NS-6k9, ~ AMENDMENT APPLICATION 431 ORDINANCE NO. NS-6k9 AMENDING ARTICLE IX OF THE SANTA ANA MUNICIPAL CODE TO CHANGE DISTRICT CLASSIFICATION ON AMENDMENT APPLICATION NO. k31 AND AS~KDING SECTIONAL DISTRICT MAP 12-5-10 EXHIBIT AA 431 B) WHERE THE PLANNING COMMISSION RECOMMENDED DENIAL was introduced by title. It was moved by Councilman Hubbard, seconded by Councilman Schlueter, that further reading be waived and Ordinance No. NS-6k9 be adopted. On roll call vote: AYES, COUNC II/~EN: NOES, COUNC ILMEN: ABSENT, COLIC ILMEN: Hubbard, Harvey, Gilmore, Schlueter, Hall None None OBDo NS-653, ORDINANCE NO. NS-653 PERTAINING TO SPEED ZONES THE PRIMA FACIE SPEED LIMIT ON FOURTH STP~±', GHAND AVENUE, BRISTOL STREET, RAITT STREET, EDINGER AVENUE AND MCFADDEN' AVA%U3E was introduced by title. It w~s moved by Co~Lrlcil/~an Hubbard, seconded by Councilman Schlueter, and unanimously carried, that further reading be waived and Ordinance No. NS-653 be passed to second reading. RES. 63-77, RESOLUTION NO. 63-77 OF INTENTION RETIR~NT SYST]IM TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE STATE EMPLOYEEB' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SANTA ANA was introduced by title. It was moved by Council~aan Hubbard, seconded by Councilman Schlueter, that further reading be waived and Resolution No. 63-77 be adopted. On roll call vote: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN: Hubbard, Harvey, Gilmore, Schlueter, Hall None None RES. 63-7k, RESOLUTION NO. 63-7~ OF THE CITY MWD CONNECTION 6296 COUNCIL OF THE CITY OF SANTA ANA, REQUESTING CONSTRUCTION OF A WATER SERVICE CONNECTION BY THE METROPOLITAN WATER DISTRICT OF SOUT~ CALIFORNIA, UPON THE TER~ AND CONDITIONS PRESCRIBED IN RESOLUTION 6296 OF ITS BOARD OF DIRECTORS was introduced by title. It was moved by Councilman Hubbard, seconded by Councilman Schlueter, that further reading be waived and Resolution No. 63-7k be adopted. On roll call vote: AYES, COUNCILMEN: NOES, COUNC ILMEN: ABSENT, COUNCILMEN: Hubbard, Harvey, Gilmore, Schlueter, Hall None None RES. 63-75, RESOLUTION NO. 63-75 OF THE CITY MWD CONNECTION 6297 COUNCIL OF THE CITY OF SANTA ANA, REQUESTING CONSTRUCTION OF A WATER SERVICE CONNECTION BY THE MA'.'a0POLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, UPON THE TERF~ AND CONDITIONS PRESCRIBED IN RESOLUTION 6297 OF ITS BOARD OF DIRECTORS was introduced by title. It was moved by Councilman Hubbard, seconded by Councilman Schlueter, that further reading be waived and Resolution No. 63-75 be adopted. On roll call vote: AYES, COUNC II,MEN: NOES, C 0UNC ILM~I: ABSENT, COUNCILMEN: Hubbard, Harvey, Gilmore, Schlueter, Hall None None City Council - 90 - May 6, 1963 RES. 63-65, LEGISLATION RESOLUTION NO. 63-65 OF THE CITY COUNCIL RE HORSE RACING · OF ~ CITY OF SANTA ANA EXPRESSING OPPOSITION TO SENATE BILL NO. 888 was introduced by title. It was moved by Councilman Hubbard, seconded by Councilman Schlueter, that further reading be waived and Resolution No. 63-65 be adopted. On roll call vote: AYES, COUNCILMEN: NOES, C OUNC II24EN: ABSENT, COUNCILMEN: Hubbard, Harvey, Gilmore, Schlueter, Hall None None RES. 63-66, STATE RESOLUTION NO. 63-66 OF THE CITY COUNCIL WITHHOLDING TAX OF THE CITY OF SANTA ANA EXPRESSING OPPOSITION TO A STATE WITHHOLDING TAX was introduced by title. It was moved by Councilman Hubbard, seconded by Councilman Schlueter, that further reading be waived and Resolution No. 63-66 be adopted. On roll call vote: AYES, COUNCILMEN: NOES, COUNC~: ABSENT, COUNC~: Hubbard, Harvey, Gilmore, Schlueter, Hall None None RES. 63-67, HOME RULE RESOLUTION NO. 63-67 OF THE CITY COUNCIL LEGISLATION OF THE CITY 0F SANTA ANA EXPRESSING ITS SUPPORT FOR THE PRESERVATION OF THE PRINCIPLE OF HOME RULE IN LOCAL GOVERNMENTAL LEGISLATIVE BODIES was introduced by title. It was moved by Councilman Hubbard, seconded by Councilman Schlueter, that further reading be waived and Resolution No. 63-67 be adopted. On roll call vote: AYES, COUNC~: NOES, COUNCILMEN: ABS~T, COUNC II~EN: Hubbard, Harvey, Gilmore, Schlueter, Hall None None RES. 63-68, WATER RES0LU~ION NO. 63-68 OF THE CITY COUNCIL DISTRICT LEGISLATION OF THE CITY OF SANTA ANA EXPRESSING SUPPORT FOR SENATE BILL N0. 778was introduced by title. It was moved by Councilman Hubbard, seconded by Councilmau Schlueter, that further reading be waived and Resolution No. 63-68 be adopted. On roll call vote: AYES, C0UNCII~MEN: NOES, COUNCILMEN: ABS~T, COUNCILMEN: Hubbard, Harvey, Gilmore, Schlueter, Hall None None RES. 63-64, TUSTIN RESOLUTION NO. 63-64 RESCINDING PROTEST AVE. RELINQUISHMENT TO RELINQUISEME~T OF TUSTINA¥~UE IN SANTA ANA BY STATE HIGHWAY C0ESSION was introduced by title. It was moved by Councilman Hubbard, seconded by Councilman Schlueter, that further reading be waived and Resolution No. 63-64 be adopted. On roll call vote: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN: Hubbard, Harvey, Gilmore, Schlueter, Hall None None · ~%~ RES. 63-78, FI~TH STR~m~I' & SANTA RESOLUTION NO. 63-78 INITIATING PROCEEDINGS ANA FREEWAY ANNEX FOR ANNEXATION OF TERRITORY TO THE CITY OF SANTA ANA, DESIGNATING AN APPROPRIATE NANE FOR SAID TERRITORY OF "FI~TH STHEAV2 AND SANTA ANA RIVER - S. E. ANNEX" AND GIVING NOTICE OF PROTEST HEARING THEREON City Council - 91 - May 6, 1963 was introduced by title. It was moved by Councilman Hubbard, seconded by Councilman Schlueter, that further reading be waived and Resolution No. 63-78 be adopted. On roll call vote: AYES, COUNC II~{EN: NOES, COUNC IIREN: ABSENT, COUNCIIA{EN: Hubbard, Harvey, Gilmore, Sehlueter, Hall None None RES. 63-79, BRISTOL & GARDEN RESOLUTION NO. 63-79 INITIATING GROVE FREEWAY ANNEX PROC~t;INGS FOR ANNEKATION OF TERRIT- ORY TO THE CITY OF SANTA ANA, DESIGNATING AN APPROPRIATE NAME FOR SAID TERRITORY OF "BRISTOL STR~si' AND GARDEN GROVE FREEWAY S. W. ANNE~" AND GIVING NOTICE OF PROTEST HEARING THEREONwas introduced by title. It was moved by Councilman Hubbard, seconded by Councilman Schlueter, that further reading be waived and Resolution No. 63-79 be adopted. On roll call vote: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN: Hubbard, Harvey, Gilmore, Schlueter, Hall None None RES. 63-80, 17TH & RESOLUTION NO. 63-80 INITIATING TUSTIN ANNE~ PROC,;,:,,INGS FOR ANNEXATION OF TERRITORY TO THE CITY OF SANTA ANA, DESIGNATING AN APPROPRIATE NAME FOR SAID TERRITORY OF "SEVENTEENTH AND TU~TIN NORTHWEST ANNEX" AND GIVING NOTICE OF PROTEST HEARING THEREON was introduced by title. It was moved by Councilman Hubbard, seconded by Councilman Gilmore, that further readin~ be waived and Resolution No. 63-80 be adopted. On roll call vote: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN: Hubbard, Harvey, Gilmore, Schlueter, Hall None None RES. 63-81, FIRST RESOLUTION NO. 63-81 INITIATING STREET ANNE~ 3 PRO~F2~)INGS FOR ANNE~ATION OF TERRITORY TO THE CITY OF SANTA ANA, DESIGNATING AN APPROPRIATE NAME FOR SAID TERRITORY OF "EAST FIRST STR~' ANNE~ NO. 3" AND GIVING NOTICE OF PROTEST HEARING THEREON was introduced by title. It was moved by CounciLman Hubbard, seconded by Councilman Schlueter, that further reading be waived and Resolution No. 63-81 be adopted. On roll call vote: AYES, COUNCILMEN: NOES, COUNCILM~: ABSENT, COUNCIIA~EN: Hubbard, Harvey, Gilmore, Schlueter, Hall None None RES. 63-70, DEEDS Deeds for acceptaace w~ere ~he City is payir~no ~aah conaideraticnwere submitted frc~the following: Lukens, James A. & Florence B. - Water Main Easement - S/Edinger, W/Bristol Minter, Neal D. & Esther L. - Drainage Easemen% - N/Memory Ln, E/Santa Aha River Featherstone, Munson, Hall, Pearson Sewer Easement-~S/Santa Clara, W/Tustin St. Gertrude Gardens - Street Easement - E/S Pacific at Anahurst Place Eisen, Jack A &Mary E - Street Easement - Regent Dr. & Newhope Justine Realty. Co. - Access Rights - Fairview, S/Talbert Norman, Louis Street & Utility Easement - S/S Roosevelt, W/Euclid Gross, John H & Margaret L. - Street Easement - S/W comer McFadden & Harbor First Church of God Quitclaim to parcel N/Posey, W/Newhope Council heard James Lukens, 1836 W. Edinger, speak regarding his request for three curb cuts at property located at the southwest corner of Bristol and Edinger. On motion of Councilman Hubbard, seconded by Councilman Harvey, and carried, Council approved the proposed one entrance and two exits described by Mr. Lukens. City Council - 92 - M~y 6, 1963 RESOLUTION NO. 63-70 ACCEPTING DEEDS WH~HE THE CITY IS PAYING NO CASH CONSIDER- ATIONwas introduced by title. It was mo~ed by Councilman Hubbard, seconded by Councilman Schlueter, that further reading be waived and Resolution No. 63-70 be adopted. On roll call vote: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN: Hubbard, Harvey, Gilmore, Schlueter, Hall None None RES. 63-71, D~KOS & ESCROW Deeds and escrow instructions were sub- mitted fr~n the following: Stamers, Peteris & Berta - Escrow 49493-C, $11, O00 - 6th & Flower Younger, Brown, Fama, and Scrofani - Escrow 48711-C, $7,331.20 -Falrview, S/17th RESOLUTION NO. 63-71 ACCEPT]51G DEED WHERE THE CITY IS PAYING A CASH CONSIDERATION was introduced by title. It was moved by CounciLman Hubbard, seconded by Co~ncilman Schlueter, that further reading be waived and Reso- lution No. 63-71 be adopted. On roll call vote: AYES, COUNCILMEN: NOES, COUNC IL~EN: ABSENT, COUNCILMEN: Hubbard, Harvey, Gilmore, Schlueter, Hall None None RES. 63-72, AUTHORIZING EXECUTION Deeds were presented to the Council for OF D,:~:,~S BY THE CITY authorization of execution as follows: Quitclaim to various owners - Read property - E/S Artesia, N/Ninth Quitclaim to Klatt, Carl & Lena - Vehicular Access -S/S 17th at OldTustinAve. Quitclaim to Goodwill Industries - Vehicular Access - S/S Fifth Street, W/Fairview and W/S Fairvlew, S/Fifth Street. Grant to Southern California Edison - Facilities Relocation Easement - S/S Fifth, between Bush and Spurgeon. RES0LUTIONN0. 63-72 AUTHORIZING EXECUTION OF QUITCLAIM D~S AND ONE GRANT DRk~D BY THE CITY was introduced by title. It was moved by Co%~acilman Hubbard, seconded by Councilman Harvey, that further reading be waived and Resolution No. 63-72 be adopted. On roll call vote: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEn: Hubbard, Harvey, Gilmore, Schlueter, Hall None None RES. 63-73, DR~ AND ESCROW The City's Grant Deed to the Santa Aha SANTA ANA SCHOOL DISTRICT Unified School District conveying property at the northeast corner of Raitt Street and SegerstremAvenue was presented to Council together with Escrow Instructions 351135-6 HEB orderim~ payment to the City by the School District the sum of $11,150. RESOLUTION NO. 63-73 AUTHORIZING EXCHANGE OF LAND BETW~NTHE CITY AND THE SANTA ANA UNIFIED SCHOOL DISTRICT was introduced by title. It was moved by Councilman Hubbard, seconded by Councilm,~ Schlueter, that further reading be waived and Resolution No. 63-73 be adopted. On roll call vote: AYES, COUNCII/~EN: NOES, COUNCII~4EN: ABSENT, COUNCILMEN: Hubbard, Harvey, Gilmore, Schlueter, Hall None None City Council - 93 - DRAINAGE EASEMENT Council heard the City Manager's re- VACATION port that the City had no objection to the proposed vacation of drainage easement in Lot 25, Tract 1550, as requested by Clarence Go Berry. On motion of Councilman Hubbard, seconded by Councilman Harvey and carried, Cotu~cil referred the requested vacation to the Public Works Department for further processing. PRE, MAP 313 - ~ Preliminary Map 313, filed by Frank F. Mead, creating four lots at the northeast corner of Warner and Grand, was recommended for approval by the Planning Director. It was moved by Councilman Hubbard, seconded by Councilman Schlueter and carried, that the Council approve the map subject to the conditions described in the Planning Director's Report dated April 10, 196B, except to change Condition 'J" to read 42 feet instead of 45 feet. CLAIM FOR DAMAGES Acting upon the recc~mendation of ULYSSES CARSON the City Attorney and Insurance Carrier, on motion of Councilman Hubbard, seconded by Councilman Schlueter and carried, Council denied the claim for damages filed by ulysses Carson. GREENVILLE CROSSWALK Council received a report of the findings of an investigation of a request by M_rs. Katherine Baker, 2519 West Harvard, for a pedestrian crosswalk across Greenville. On motion of Councilman Hubbard, seconded by Councilm~u Schlueter and carried, that the report be received and filed and the request be denied. APPROPRIATION ADJUSTMENTS adjustments as follows: On motion of Councilman Hubbard, seconded by Councilman Schlueter and carried, Council approved requests for appropriation Transfer of $25,000 from Fund 51-532-662 to 51-551-681 to provide funds to reimburse developers for City's portion of cost for improving major streets. Transfer of $420 from Fund 23-231-111 to 23-29~-111 to cover wages paid to part-time employees during absence of regular employee. SEVEIITEENTH ~'l' On motion of Councilman Hubbard, PARKING seconded by Counci~mau Schlueter and carried, the following communications concerning the no parking zone on Seventeenth Street were received and ordered filed: 0PP 0S ING Sydney D. Marlin, LAUNDER-IT, 324 W. 17th Street Max Becker, 0'Donnell Tour & Travel Service, 210 East 17th Street Petition with 31 signatures, circulated by Zavel Averbach, 324 W. 17th Street MarJorie Mize, Attorney for F. J. and Helen Parks, 309-315 W. 17th Street Rita Spampinato, Angelo's Delicatessen, 216 East 17th Street Lorin H. Powell, no address Zavel Averbach, 324 West 17th Street Robert E. Ames, Attorney for National Automobile Club, 313 W. 17th Street City Council - 94 - May 6, 1963 FAVOR~I~G Eugene B. Sire, M. D., 309 West 8th Street Howard I. Pamplin, 333 West 17th Street Council heard statements of protest from the following: Zavel Averbach, 324 West 17th Street, Charles Linden, 12144 Skyline Drive, Lemon Heights, Mrs. Rita Spampinato, 216 East 17th Street, MaE Becker, 210 East 17th Street, Walter Kohn, 501 West 19th Street, Irv Justman, 129 West 17th Street, James R. Mitchell, 330 West 17th Street, Sidney Marlin, 2103 N. Baker, and J. N. Irby, 218 East 17th Street. Council also heard Ramon Vasquez, Garden Grove, speak in favor of the no parking. Mayor Hall suggested that the staff meet with the interested businessmen to seek any relief possible in individual cases and to discuss solutions to the overall problem. RECESS The Mayor declared a five minute recess at lO:O0 p.m. The meeting was recovened at 10:05 p.m. with the following present: CounciLmen Hubbard, Harvey, Gilmore~ Schlueter, and Mayor Hall. PRE. MAP 315 - Preliminary Map 315~ filed by Argus ARGUS HOMES Homes~ Inc.~ creating two lots north- west of Fairhaven and Cambridge, was recommended for approval by the Planning Director. It was moved by Councllm~n Hubbard, seconded by Councilman Schlueter and carried, that Council approve the map subject to the conditions described in the Planning Director's report dated May 3, 1963. PRE. MAP S14 - Preliminary Map ~14~ filed by Beulah STONE Stone, creating two lots at the north- west corner of First and Hathaway, was recommended for approval by the planning Director. It was moved by Councilman Hubbard~ seconded by Councilman Schlueter and carried, that Council approve the map subject to the conditions described in the Planning Director's report dated April 11, VA 1715 APPEAL 79 - Council heard Bill Robinson, 1515 N. ROBINSON King Street, protest the conditions imposed in granting of variance requiring dedication of a five-foot strip to the City as right of way. Mayor Hall informed the appellant that no further action could be taken by the Council since the appeal was granted and the variance approved by resolution after public hearing. Appellant was advised to seek further advice frcm City Attorney. TENT. MAP 4968 - CouncilmAn Gilmore disqualified himself TANCREDI in the following matter, and left the Council Chamber. Tentative Tract Map 4968 was filed by Harry Tancredi, creating 17 lots on the south side of Santa Clara Avenue, east of Wright Street. Council received a report from the Planning COmmission affirming the Planning Director's decision to deny Tentative Tract M~p 4968 as filed, City Council - 95 - May 6, 1963 but recommended approval of an alternate subdivision design which was acceptable to all City departments and 'the applicant. It was moved by Councilman Hubbard, seconded by Councilman Harvey~ that the Council overrule the decision of the Planning Commission and approve the map subject to the conditions described in the Addendum dated May 3, 1963 attach- ed to the Planning Director's Report of ~rch 29, 1963. On roll call vote: AYES~ COL~C!~: Hubbard, Harvey~ NOES, COUT~CI'~WEN: None ABS~T~ ~0UN~I~MF/~, Gilt, ore Schlueter, Hall C~/M FOR DAMAGES - Councilman Gilmore returned to the VILL~FU~TE Council Chamber and resumed his seat at the Council table. On motion of CounciLman Hubbard, seconded by CounciLman Harvey and carried, Council referred to the City Attorney and Insurance Carrier, the claim fcr d~ages allegedly received in a fall on the sidewalk, filed by Francisca Villafuerteo LICENSE REQUEST - SANTANA LANES 0n motion of Councilman Hubbard, seconded by Councilman Harvey and carried, Council approved a license for ~lifford S. Spencer, President, of Santana Lanes, to operate a 32 lane bowling alley at 2445 South Bristol. AMEND. APP. 449 On motion of Councilman Hubbard, seconded by Councilman Schlueter and carried, Council granted the request of Dale Heinly, attorney representing the applicant, for advancement of the hearing date by the Planning Commission on Amendment Application 449 from June 10, 1963 to May 27, 1963. NEWPORT &DYER A letter from Councilman Harvey S. E. ANNEX relative to the Newport and Dyer Annexation was received and ordered filed on motion of Councilman Eubbard, seconded by Councilman Schlueter and carried. Councilman Harvey asked the Council to provide more information to the public, not only in the annexation proceedings, but in other areas, such as the written agenda and oral presenta- tion of matters on the agenda to generate the interest and participation of citizens in the government of the City. ALTERATION OF On motion of Councilman Hubbard, DRIVEWAY seconded by Councilman Schlueter and carried, Council approved the request from Max White, Regional Vice President, State Farm Insurance Companies, 1727 W. 17th Street, for waiver of Section 7216 of the Municipal Code and granting permission to alter an existing drive- way fronting on College Avenue. SOLICITATION REQUESTS the following: On motion of Councilman Hubbard, seconded by Councilman Schlueter and carried, Council granted permission to conduct fund raising drives to Kent S. Bramwell, Executive Director, 622 S. Kenmore Avenue, Los Angeles 5, for the National Multiple Sclerosis Society for solicitation from Mother's Day to June 22, 1963. City Council - 96 - May 6, 1963 John A. Davis, 281~ S. Halliday Street for Post 1680 V.F.W. for poppy sale on May 24 and 25, 1963. CLAIM FOR DAMAGES - On motion of Councilman Hubbard, seconded SHOEMAKER by Councilman Schlueter and carried, Council referred to the City Attorney the claim of Clyde C. Shoemaker, ll7 West 9th Street, Los Angeles 15, relative to condemnation proceedings against property for reservoir and well site. PARKING-SOUTH FLOWER On motion of Councilman Hubbard, seconded & PINE STR~','S by Councilman Schlueter and carried, Council received and ordered filed a cc~munication from Mrs o Henry P. Senior, 218 South Flower Street, relative to elimination of parking. RIGHT OF WAY EASEMENT ABANDONMENT Council received a Planning Commission report recommending the abandonment of a right of way easement north of McFadden between Fairview and Sullivan. RESOLUTION NO. 63-87 APPROVING MAP AND DECLARING INTENTION TO VACATE A 30-FOOT STRE~'£ EASE~dNT LOCATED BETW~NFAIRVIEWAND SULLIVAN STR~'I'S, NORTH 0F MCFADDEN AVENUE, AND GIVING NOTICE OF PUBLIC HEARING THEREON was introduced by title. It was moved by Councilman Hubbard, seconded by Councilman Schlueter, that further reading be waived and Resolution No. 63-87 be adopted. On roll call vote: AYES, COUNCILMEN: NOES, C0UNC ILMEN: ABSENT, COUNC II2~EN: Hubbard, Harvey, Gilmore, Schlueter, Hall None None SEWER SERVICE On motion of Councilman Hubbard, REQUEST seconded by Councilm~n Schlueter and carried, Council received and referred to the staff for answer a request for sewer service by John E. and Viola E. Reed, 225 South Harbor Boulevard, for property containing ten rental units. BID CALL 0n motion of Councilman Hubbard, PARKING LOT seconded by Councilman Schlueter and carried, Council granted authority to advertise for bids for construction of parking lot on the south side of Fifth Street between Bush and Spurgeon, with bid opening on May 20, 1963. BID CALL 0n motion of Councilman Hubbard, LIABILITY INSURANCE seconded by Councilman Schlueter and carried, Council granted authority to advertise for bids for liability insurance coverage for three years, with bid opening on June 3, 1963. STR~' HAME CHANGE Council received a Planning Commission report recommending the change of street name of Toy Way to Watkins Way. RESOLUTION NO. 63-h7 CHANGING T~E HAME OF "TOY PLACE" TO "WATKINS WAY" was introduced by title. It was moved by Councilman Hubbard, seconded by CounciLman Schlueter, that further reading City Council - 97 - May 6, 1963 be waived and Resob~tion Noo 63-47 be adopted. On roll call vote: AYES~ COUNCILMEN: NOES~ COUNCII~{E~N: ABSENT~ COUNCILAg~N: Hubbard~ Harvey, Gilmore, Schlueter, Hall None None ~RITTEN COMMUNICATIO~ On motion of Councilman Hubbard, seconded by Councilman Harvey and carried, Council received and ordered filed the following communications: TRAFFIC CONTROf$- Report of devices removed or installed from 4-1i-63 to QUARTERLY Ab~DITORS' REPORT - for the City of Santa Aha for the period ending December 31, 1963, su~miuted by Diehl, Evaus and Company~ 806 No Birch Street. d~NOTICE OF AITNEXATION - C~y of Orange Annexation NOo 216 proposed for approxim- ately h96 acres representing part of the N~>~l Ranch Annexation and others° ¢~SENATE BII& N0o 344 - Resolutl~ms s~pporting S o~ NO. 3h4, creating additional financing for city s~reets and county roads and revising the existing 5/8 cent requirement for cities received from the following: City of Orange; City of LaHabra. BOUNDARY COMMISSION REPORTS - Approving proposed annexation of Bristol and Garden Grove Freeway S.W.Annex to the City of Santa Aha. Approving proposed annexation of West Main Street to the City of Tustin. Approving proposed annexation of East First Street Annex No. 3 to the City of Santa Ana. Approving proposed annexation of Fifth Street and Santa Aha River S.E.Annex - corrected to the City of Santa Aha. Approving corrected map of 17th & Tustin NoWoAnnex to the City of Santa Aha. P.U.C. HEARING - Application and Amended Applic&tion of Airport Coach Service, a Corporation, operating under an existing in-lieu Certificate of Public Convenience and Necessity to modify end extend its Certificates of Public Convenience and Necessity as a Passenger State Corporation. STANDARD ~Ta0POLITAN AREA - Resolutions supporting the move for Orange County to become a separate Standard Metropolitan Area received from the following: Orange County Board of Supervisors City of Garden Grove City of Huntington Beach City of Anaheim City of LaHabra ~f'~ASSEMBLY BILL NO. 351 On motion of Councilman Hubbard, seconded by Councilman ~chlueter end carried, Council received and ordered filed a resolution from the City of Anaheim opposing Assembly Bill 351 which provides for the exemption of property acquired and held by public and private educational institutions from the power of eminent domain; and directed the City Attorney to prepare an apgropriate resolution opposing the bill. , LIQU~ LIC~S~ Armando S. & Frances P. Agutnaga, 80~ North Artesia - NEW OFF-SALE BEER a WINE Clinton A. & Ruth I. Reynolds, ~0 West Warner Avenue - ON-SALE BEER Twin Gables, 18~O West l?th Street, NEW (~-SALE BEER & WINE Erma's Mexican Foods, ~509-D South Main Street, NEW ON-SALE BEER LaCasita, 836 E. Washington Street, OFF-SALE BEER & WINE The Royal Roman Inn, 1502-04 East First Street, NEW ON-SALE GENERAL City Council - 98 = May 6, 1963 County Bar Association, landmark. On motion of Councllm-u Hubbard, seconded by Councilman Harvey and carried, Council received and ordered filed a letter from Robert Wo Fraser~ President of Orange relative to preservation of the Court House as a l. ,.~TUBTIN WATER On motion of CounciLman Hubbard, seconded ~f' M~IN PURCHASE by Counci~m~n Harvey and carried, Council received and ordered filed a bill of sale signed by Tustin Water Works for purchase by Santa Aha of water main in Tustin. ~ORAL CO~NICATIONS Council heard Charlie Wolf, SiS East Pine Street, who protested a sign appearing in his neighbor's window soliciting ironing. Mr. & Mrs. Charles Trantham~ S17 East Pine~ spoke in explanation of the ironing sign. Mayor Hall replied that the matter would be referred to the City Manager. Council heard a request from Albert Trundel~ 21~1½South Sycamore, for curbs, gutters and sidewalks in his area. Mr. Trundel was advised to seek information regarding petitioning for an assessment district from the Public Works Department. ADJOURNMENT On motion of Councilman Hubbard, seconded by Councilman Harvey and carried, the meeting was adjourned at ll:O0 p.m. DORIS M. BROWN CT,k'~K OF THE COUNCIL City Council - 99 - May 6,: 196B