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HomeMy WebLinkAbout09-20-1965MINUTES OF THE REGULAR lm~-,'ING OF THE CITY COUNCIL OF THE CITY OF SANTA AM.A, CALIFORNIA September 20, 1965 The meeting was called to order at 2:00 p.m. im the Couacil Chamber, 217 N. Maim Street. Roll call was amswered by Coumcilmem James Gilmore, Walter Brooks, Davis ~rk, Wade Nerrim, J. 0gdemNarkel, Tem McMichael, amdMayor Harry H. Harvey. APPROVAL OF MINUTES Om motiea of Caumcilmam Brooks, secoaded by Couacilmam Burk amd carried, the NJ-mutes of the Regular Meetimg ef September 7~ 1965 were approved, with a correcti~m om Page 348 uader the headimg "LEASE" to show southwest corner, imstead of northwest cormer for lease with Case- Swayme Co., Imc. BID AWARD - Om metiem ef Ceuacilmam Brooks, EL SALVADOR REC. secemded by C~acilmam Burk amd carried, Council deferred the awarding of bid for addition to E1 Salvador Recreation Center, Spec. 672-17~ to the meeting of October 4~ BID AWARD - On motion of Councilman Markel, PICKUPS seconded by Councilman McMichael and carried, Council ordered filed report of bids received for 13 pick up trucks, Spec. 621-54; rejected all other bids; and awarded contracts to the following: Schedule I Schedule II 1, ½ ton to B~ookhurst Dodge, $1,7~8.65; l, 3/~ ton to Dunton Ford, $1,856,21; Schedule III Schedule IV 8, ½ ton to Dunton Ford, $13,453.36; 2, ½ ton to Dunton Ford, $3,319.14; Schedule V 1, ½ ton to ~rookhurst Dodge, $1,837.83. BID AWARD - On motion of Ceuncilm~n. McMichael, PROJ. 183 & C-122 seconded by Councilman Herrim and carried, Council ordered filed report of bids received for Project 183 - construction of 17th from Santa Aha River to King; amd Project C-122 - Santa Clara fr~m Broadway to Main and 17th from Fairmomt to 200' east of Fairmomt; awarded the contract to Griffith Co., at unit prices; and rejected all other bids. CITY COUNCIL - 352 - September 20, 1965 ORD. NS-821 ORDINANCE NS-821 CHANGING DISTRICT AA 559 - BERRY CLASSIFICATION ON AMENDMENT APPLICATION NO. 559, FIT'k~n BY R. J. AND SYLVIA D. BERRY, AND AMENDING SECTIONAL DISTRICT MAP 8-5-10 (EXHIBIT AA 559 A) was read by title. It was moved by Councilman Brooks, seconded by Councilman Herrin, that further reading be waived amd Ordinance NS-821 be adopted. Om roll call vote: AYES, COUNC II/4EN: NOES, COUNCILMEN: ABSE~P, COUNCILHEN: Gilmore, B~ooks, B~rk, Horrid, Market, McMichael, Harvey None None ORD. NS-822 ORDINANCE NS-822 CHANGING DISTRICT AA 560 - JENKINS CLASSIFICATION ON A~NDMENT APPLICATION NO. 560, FIT.~ BY VEI~4ONT AND ST~J~ JENKINS, AND AN[ENDING SECTIONAL DISTRICT MAP 1-5-10 (EXHIBIT AA 560 A) was read by title. It was moved by Councilman Rreoks, seconded by Ceumcilma~ Herrin, that further reading be waived amd Ordiaamce NS-822 be adopted. O~ roll call vote: AYES, COUNCILMEN: NOES, COUNC II~{EN: ABSENT, COUNC ILN~N: Gilmore, B~oeks, Burk, Herrim, Markel, McMichael, Harvey None None OED. NS-823 ORDINANCE NS-823 AMENDING THE SANTA REGULATIONS - ANA MUNICIPAL CODE AND ADOPTING REFUSE REGULATIONS FOR THE COLLECTION AND DISPOSAL OF ALL REFUSE ACCUMULATED IN THE CITY AND REPEALING SECTIONS 5200. TEROUGH 5205., INCLUSIVE~ OF TEE SANTA AHA MUNICIPAL CODE was read by title. Am amendment to Paragraph (2) of Section 3830.1 to exclude industrial waste was discussed and approved. It was moved by Councilman Gilmore, seconded by Councilman Brooks and carried, that Ordima~ce NS-823 as amended be passed to second reading. ORD. NS-825 ORDINANCE NS-825 PREZONING AND ESTABLISHING AA 556 - BISHOP DISTRICT CLASSIFICATION ON AMENDME~ APPLICATION NO. 556, FILk~I BY CLYDE BISHOP, ET AL., AND AM~2~DING SECTIONAL DISTRICT MAP 32-4-9 (EXHIBIT AA 556 B) was introduced by title. It was moved by Councilman Markel~ seconded by Councilman Herrin a~d carried, that Ordinance NS-825 be passed te second reading. ORD. NS-826 ORDINANCE NS-826 CHANGING DISTRICT AA 558 - BANKS CLASSIFICATION ON AMENDMENT APPLICATION NO. 558, FIL~ BY PAUL V. BANKS, AND AMENDING SECTIONAL DISTRICT MAP 13-5-10 (EXHIBIT AA 558 A) was introduced by title. It was moved by Councilman Markel, seconded by CouncilmamHerrin amd carried, that Ordinance NS-826 be passed to second reading. ORD. NS-827 ORDINANCE NS-827 CHANGING DISTRICT AA 561 - GULF OIL CLASSIFICATION ON AMENDMENT APPLICATION NO. 561, FIL~ BY GULF OIL CORPORATION OF CALIFORNIA, AND AMENDING SECTIONAL DISTRICT MAP 6-5-9 (EXHIBIT AA 561 B) was introduced by title. It was moved by Councilm, n Markel, seconded by Councilman Herrim and carried, that Ordinance NS-827 be passed t~ second reading. CITY COUNCIL - 353 - September 20, 1965 ORD. NS-828 ORDINANCE NS-828 CHANGING DISTRICT AA 562 - VASI CLASSIFICATION ON AMENDMENT APPLICATION NO. 562, FIL~n BY ANTHONY D. VASI, AND AMENDING SECTIONAL DISTRICT MAP 15-5-10 (EXHIBIT AA 562 A) was imtreduced by title. It was moved by Ceuacilmam Markel, seconded by Ceumcilmam Herrim amd carried, that Ordimance NS-828 be passed to second readimg. ORD. NS-829 OBDINANCE NS-829 CHANGING DISTRICT AA 56~ - NEWCOMB CLASSIFICATION ON AMENDMENT APPLICATION NO. 564, FIT.~D BY DORA MARTHA NEWCOMB, AND AMENDING SECTIONAL DISTRICT MAP 5-5-9 (E~WIBIT AA 564 B) was imtreduced by title. It was moved by Ceumcilmam Markel, secomded by Cuuacilmam Herrim and carried~ that Ordiaance NS-829 be passed to secemd reading. RES. 65-141 RESOLUTION 65-141 ORDERING VACATION VACATION OF A PORTION OF B]2~CH STRE~£' BETWEEN BIRCH STREET EIGHTH AND TE~TH S~I'S was read by title. It was moved by Coumcilman Brooks, secomded by Coumcilmaa Markel, that further reading be waived and Resolution 65-141 be adopted. On roll call vote: AYES, COUNCILMEN: NOES, COUNC ~: ABSENT, COUNCILMEN: Gilmore, Brooks, B~rk, Herrin, Mmrkel, McMichael, Harvey Neae Nome RES. 65-142 5TH ORANGE COUNTY ECONOMIC DEVELOP. CONF. RESOLUTION 65-142 IN SUPPORT OF THE FIFTH ORANGE COUNTY ECONOMIC DEVELOPMENT CON~'~HENCE TO BE HELD OCTOBER 28, 1965 was read by title. It was moved by C~umcilm~n Brooks, seconded by Coumcilmsm Markel, that further reading be waived amd Resolutiom 65-142 be adopted. Om roll call vote: AYES~ COUNCILMEN: Gilmore, Brooks, Burk, Herrim, Markel~ McMichael, Harvey NOES, COUNCII/~EN: Nome ABSENT, COUNCIIREN: Nome RES. 65-144 RESOLUTION 65-144 ACCEPTING DEEDS D~.k~S & ESCROW WHERE THE CITY IS PAYING A CASH CONSIDEP~TION (Mercado &Dept. Veterans Affairs, Stickler, Cook (2), Ross, TeJada, Fermandez, Crawford, Clark, Ramirez, Gomzales, Ransom, Lure) was read by title. It was moved by Councilman Brooks, seconded by Councilman M~rkel, that further reading be waived and Resolution 65-144 be adopted. Om roll call vote: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNC II/~EN: Gilmore, Brooks, B~rk, Herrim, Markel, McMIchael, Harvey Nome Nome RES. 65-145 RESOLUTION 65-145 ACCEPTING DEEDS - NO CASH WHERE THE CITY IS PAYING NO CASH CONSIDERATION (Fuentes, Gulf Oil) was read by title. It was m~ved by Councilman Brooks, secemded by C~uacilmam Markel, that further reading be waived and Resolutiem 65-145 be adopted. On roll call vote: CITY COUNCIL _ 354 - September 20, 1965 AYES, COUNCIL~: NOES, COUNCILMEN: ABSENT, COUNC II~N: Gilmore, ~rooks, Burk, Nerria, Markel, McMichael, Harvey None RES. 65-1~6 RESOLUTION 65-146 AUTHORIZING GRANT DR~ & ESCROW EXECUTION OF A GRANT D,~,:!J TO ALMOND THOMAS STEVENS AND PEARL KATFL~N STEVENS IN CONSIDERATION OF THE SUM OF $75.00 was read by title. It was moved by Couaci]_mam Brooks, secomded by Ceuncilmam Markel, that further reading be waived amd Reselutio~ 65-146 be adopted. On roll call vote: AYES, COUNCILMEN: Gilmore, Brooks, Burk, Herria, Markel, McMichael, Harvey NOES, COUNCILMEn: Nome ABSENt, COUNCIIAIEN: None RES. 65-147 RESOLb~ION 65-1~7 AUTNORIZING CONDEMNATION CONDEN~ATION OF EASEMENT FOR EDINGER STRE~I' PURPOSES FOR '£~ EASTERLY EXTENSION OF EDINGER AVENUE ACROSS TEE PACIFIC ELECTRIC RAILROADwas read bytitle. It was moved by Coumcllmam Brooks, seconded by Councllma~ Markel, that further readimg be waived and Resolutiem 65-1~7 be adopted. Om roll call vote: AYES, COUNCILMEN: NOES, COUNCII~EN: ABSENT, COUNCILMEN: Gilmore, Brooks, Burk, Herria, Markel, McMichael, Harvey None None RES. 65-1~8 RESOLUTION 65-1~8 ESTABLISHING A CROSSWALK PEDESTRIAN CROSSWALK ACROSS ANDRES PLACE BETW~ ~LRIC DRIVE AND CAMIT~ STRE~TWaS read by title. It was moved by Coumcilmam Brooks~ seconded by Coumcil~amMarkel, that further readimg be waived amd Resolutiom 65-1h8 be adopted. Om roll call vote: AYES, COUNCILMEN: NOES, COUNCII~EN: ABSENT, COUNC IL~EN: GiLmore, Brooks, Burk~ Herrim, Markel, McMichael, Harvey None None RES. 65-149 RESOLUTION 65-1~9 AMENDING SECTIONS WAGES & SALARY 3 AND 3.1 0FRESOLUTIONN0. 58-281 was imtroduced. Action was deferred on Resolution 65-1~9 to am AdJ~ttrmed Regular Meeting, September ~0, 1965, 2:00 p.m. ia the Council Chambers, 217 N. Maim Street. FORMS & SYSTEMS The City Manager's reports em Forms REFUSE BILLING &Systems amd Refuse Billimgwere also deferred to September 30, 1965. In respemse to a question fr~m a Chamber of Commerce representative, the Mamager stated the reports on these items and wages couldbe made available te the Chamber prior to the meeting. CI~f COUNCIL - 355 - September 20, 1965 RES. 65-150 RESOLUTION 65-150 AUTHORIZING C0ND~{NATION C0ND~LATION FOR STREET PURPOSES EIGnTa ST. FOR THE WIDENING AND IMPROV]iIG OF EIGHTH STREET AT BRISTOL STREET was read by title. It was m~ved by Councilman B~eeks, seconded by Councilman Markel, that further reading be waived and Resolution 65-150 be adopted. roll call vote: AYES, COUNCILMEN: NOES, COUNCII~4EN: ABSENT, COUNCILM~N: Gilmore, Rrooks, Burk, Herrim, Markel, McNichae 1, Harvey R~ CROSS 0~ motion of Councilman Markel, LEASE RENEWAL seconded by Councilman Br~ks and carried, Coumcil auth~ized execution of lease renewal agreement with Orange County Chapter, American National Red Cross im C~m~umity Services Building, ll04 W. 8th. AERIAL PHOTOGRAMETEY Om motion of C~uacilman Markel, seconded by Councilman Brooks and carried, Coumcil authorized execution of aerial phetogrametry agreement with Aerial Surveying and Emgineering C~mpany for arterial street studies. WRITTEN C O~4UNICATIONS O~ motion of Councilman Brooks, seconded by Councilman Burk and carried, Council ordered filed the following communications: VARIANCE & CONDITIONAL USE PEPJ4ITS - Decisions made by the Zoning Administrator or Plammi~g C~mission where no appeal has been filed. For affirmatiom of Council: V.A. 2161, Bybee - install 24' 6" high Orange Julius pole sigm at 914 W. Edinger - APPRO~-ED. V.A. 2162, BoertJe - move i~ a third residence om R 1 property at 5002 W. 6th - APPROVED. V.A. 2163, Storrie - construct room addition withim 10' 6" of rear property line at 2209 S. Laura. Limda ia R 1 district - APPROVED. LIQUOR LICENSE APPLICATIONS - Denver House, 111 N. Main - ON SALE GEN. TRANSF. The Sea Shamty, 4406 W. Bolsa - ON SALE BRRR NEW TicToc Mkt., southwest corner Bristol & Wi]lets - NEW OFF SALE B~R~ & WINE TP~FFIC CONTROL - Devices imstalled or removed 8-11 through 9-1-65. Applicaticm of Pacific Tel. & Tel. for authority to imcrease certain IELPAK amd PRIVATE LINE TET.k~HONE SERVICE rates. COUNTY SANIT. DISTRICTS - Ordinance No. 709 which imcreases on January 1, connection charges within the District. 1966, direct sewer CITY COUNCIL - 356 - September 20, 1965 SIDEWALK CLEARANCE The Public Works Director reported that notices to remove encroachments om sidewalks had been served on various business establishments at 2nd and Broadway, amd the department would continue follow up. LIQUOR LICENSES coming before Council. effect. The City Attormey reported on procedures to protest a liquor license application. It was suggested by Mr. Burk that the Police Department report on applicatiems The Manager agreed te put this suggestion into ASSESS. DIST. 225 Council heard the City Manager's GREENVITJ.R, S/EDINGER report regarding proceedings for am improvement district in the Greenville area, south of Edinger, on which the Council previously voted 5 to 2 to proceed with preparation of plans and specifications. Inasmuch as a four-fifths vote will be required in future proceedings, the Manager requested Council direction~ by roll call vote, prior to amy further expense being incurred. Mr. Willie Mayes, President Southwest Santa Ama Civic Association, Mrs. Madelya Cenkar, 806 S. Fliatridge Dr., and Mrs. Lois Athey, 2818 W. Castor St., spoke in favor of Council going forward with proceedings coms~emting on absentee owners. Mrs. Leuie Boer, 912 N. Lowell, referred to the State Constitution stating that the City was obligated to legislate for people in the City, not outside. Councilman Markel asked that the City Attorney submit his opinion to Council regarding the section of the State Constitution referred to. A motioamade by Councilman~rooks, seconded by Councilman Gilmore to instruct the City M~mager to proceed with Assessment District 225 was defeated on roll call vote: AYES, COUNCILMEN: Gilmore, B~ooks, Harvey NOES, COUNCILMEN: Burk, Markel, McMichael ABSTAIN, COUNCILMEN: Herrin ABSENT, COUNCII/4EN: None Councilman Brooks pointed out the laws requiring the four-fifths vote were probably based on a five-member Council and asked the City Attorney to research the question. ANNOUNCEMENTS Mayor Harvey reminded Council of the Charter Review Commmittee organizational meeting September 22~ 1965 and that interviews for the vacancies on the Personnel Board would be held at l:00 p.m. on October 4th. COUNCIL INSURANCE Mr. Willie Mayes, spoke to Council ia regard to insurance covering Councilmen while on City business, traveling, etc. Mr. Markel suggested this be reviewed by the Charter Review Co~m~ittee. DRAINAGE PROBLEM ~ · ~Mr. Dale Heinly, 611 W. 8th, Santa Aha, ,O/g/~~- ~' presented a drainage problem regarding property on Mountain View, near Newhope. CITY COUNCIL - 357 - September 20, 1965 Om motion of C~uncilman Brooks, seconded by CouncilmamGilmore and carried~ Council requested Mr. Heinly to submit in writing his request so the staff can report back to City Couacil, iacluding the City Attorney regarding City's legal obligation. BUS SYST~4 Mr. Musack, Santa Ana Bus Cc~pany, spoke to Council requesting the City subsidize the bus system in Santa Aaa, or perhaps grant an exclusive franchise. Om motion of Counci]mam Gilmore, seconded by Couacilmam Brooks and carried, Couacil requested the Chamber ef Commerce Transportation Cnmmfttee to study this matter and rec~end a solution. COUNCILMAN'S ABSENCE fr~ the October ~th and 18th meetings. On motion of Councilman B~ooks, seconded by Couacilman Burk and carried, Councilmaa Herrin was granted permission to be absent TORANA LEAGUE The Mamager reported the staff had REQUEST FOR BLDG. USE met with Torana Art League representatives regarding use of the building on the Museum property and they have requested an estimate of cost for brimging it up to standard. ASS'T. CITY AT'~ORNEY In response to a question fr~m Counc~lm~ Burk regardimg progress in employing am Assistant City Attormey, the City Attormey discussed the problems of office space amd workload of ode secretary. PARKING DIST. A letter frc~ a committee of the Downtown Santa Aha Association requesting assistance in establish- lng a parkimg district was referred to the staff for report on City action on similar districts in the dowatow~ area, on motion of Councilman McMichael~ seconded by Councilman Burk and carried. RECESS At 5:00 p.m., the meeting was recessed to 7:30 p.m. The meeting was reconvened at 7:30 p.m. ia the Coumcil Chambers, with all C~uucilmen present. Following the Pledge of Allegiance to the Flag~ the Invocatio~was delivered by the Reverend Gerald S. Bash, First Christian Church. RESOLUTIONS OF RESPECT RESOLb~fION EXPRESSI/$G THE LOSS OF THE SANTA ANA CO~UNIT~ AT TEE DEATH OF WILLIAM B. KOHL was read by the Clerk. RESOI;3TION HONORING THE MEMORY OF DR. RALPH C. SMEDLEY AND EXPRESSING THE APPRECIATION OF THE CITY OF SANTA ANA, TNE U~,TED STATES OF AMERICA, AND THE SCATTERED GROUPS TER(N3GNOUT THE WOBLD THAT NAVE BEEN INFLUENCED BY THIS GREAT MAN was also read by the Clerk. It was moved by C~umcilman Gilmore, CITY COUNCIL - 358 - September 20, 1965 seconded by C~uncilmam Breok~, that the resolutions be adopted. On roll call vote: AYES, COUNC ILI~: NOES, COUNCILMEN: ABSENT, COUNC IIREN: Gilmore, Brooks~ Burk, Herrim, Markel, McMichael, Harvey None Nome CUP 201 The continued hearing was opened on DUCOT Conditional Use Peri,it 201 filed by George Ducot to coustruct a rest hmme in the R i district at 1605 N. ~-glish, which the Planning Cc~mzission had approved. The Clerk reported that letters were received from the following: William J. amd Lucille Frances, 1429 N. English, and Hubert C. Pattersan, 1930 W. 15th, pr~testing the application; a letter frc~ Thcs. P. McGuimmss, 13672 Rushmore Lane, statlag he had been erroneousl~ listed as a property owner; and a petition of protest with approximately ~9 signatures. The Clerk read a letter fram F~rs. Wm. Owen, 2016 W. 15th, calling attention to the fact that all owners of property within 300 feet had not been notified and requestiD~ an opinion frc~ the City Attorney. Om motion of C~uncilma~ McMichael, seceded by Council~mn Burk amd carried, Council ordered the letters filed. The City Attorney stated that apparently the original application did mot contain all of the names which were legally required to be notified; that the Council could not be attacked in C~urt for referral back to the Planning C~mmissiQn. Mrs. Wm. Owen, 2016 W. 15th, suggested that since notification was ii,proper, the proceedimgs should be declared null and void. Om motion of Councilman Brooks, seconded by Counci]~- Gilmore and, carried, Council referred the matter back to the Plsaning Commission with the under- standing that the applicant reapply at no additional cost. Ar.T.k~f ABANDOS~4ENT Hearing was opened on proposed RES. 65-1~3 abandonment of a l~-foot alley between Main and Cypress, south of Bishop. The Clerk reported that notice of the hearing had been published and posted as required by law with evidence thereof ~n file, and that no written com~4unications had been received. There being no response to the Mayor's call for testimony, the hearing was closed. RESOLUTION 65-143 O~DERING VACATION OF A 14-FOOT ALLEY BETWEEN MAIN AND CYPRESS, SODTH OF BISHOP, AND RESERVING THEREIN A PUBLIC UTILITY EAS~Z~T was rea~ by title. It was moved by Coancllmaa Brooks, seconded by Councilman Burk, that further reading be waived and Resolution 65-143 be adopted. roll call vote: AYES, COUNCI~: NOES, COUNCILMEN: ABSENT, COUNCII24EN: Gilmore, Brooks, Burk, Herrin~ Markel, McMichael, Harvey None None AMEND. APP. 550 Continued hearing was opened on Amend- ment Application 550 filed by Clara Vose proposing the amendment of Sectional District Map 2-5-10by reclassifying from R i mad A I to A l, R ~, LP, CD, C 4 and C ~ B districts~ property south of Memory Lane, west of Bristol. Planning Commission Resolution 5742 recommended approval of Exhibit AA 550 C, which would reclassify to the E l, R ~, amd LP districts. The Clerk reported that no communications had been received other than the ~th revised plan submitted to Council. CITY COUNCIL - 359 - September 20, 1965 Dean Evans, 510 W. Chapman, Orange, Planning Consultant representing the applicant, summarized his long range study of proposed land use filed with the C~uacil; displayed maps of the suggested plans, indicating the fourth pla~ as the one most suitable to the applicant, and the fifth plan as that suggested by the Planning Co~ission. John Harvey, 1010 N. Main, attorney for the applicant, gave i%zrther history of the application, regarding one of the few remaining large areas left in central Santa A~a; the Plamuin~ Co~mission's action thereon; and urged that a decision be made. Speaking im opposition, Dr. Joh~ Holiday, 1223 River Lane, urged the residential area be maintained; Damiel Cohen, 1R22 River Lane~ agreed amd stated the lack of attendance did not mean owners were not vitally interested; Virgil Elkims, 2210 N. Poplar, objected t® a~y development which would have a low tax base. There being no further testimo~y~ the hearing was closed. Coumcil discussed various viewpoints, Councilm~n McMichael supporting R 1 zoning with a possible variance for the~rmer, Councilm~a B~ooks and B~rk suppertfng the applicant's plan as well thought out. It was moved by Councilm-- Brooks, seconded by C~nc~lman Burk, that C~cil approve the reclassification and instruct the City Attorney to prepare an amending ordinance according to Exhibit AA 550 A Revised. Oa roll call vote: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNC IIRF~N: Gilmore, B~ooks, Bmrk, Herrim, Markel, Har~ey McMichael None ASSESS. DIST. 229 Continued hearing w~s opened on Resolution of Intention 65-119 a~d Resolution 65-118 to determine public convenience and necessity of proposed work in Assessment District 229 (Kent, Elliott, Edinger, Newhope). Johm T. Ganahl, Special C~uusel for the City, explained the p~ose of the hearing. The Public Works Director reported on the proposed work, extent of proposed assessment district, the one bid received which was higher tha~ Engineer's estfm-te, amd the reason for the proposed work. He recommended that the one bid received for installation of sewer be rejected as too high amd authority be grouted to readvertise. The Clerk reported that no written protests had been received. There being no response to the call for oral protests, the hearing was closed. RESOLUTION 65-151 DETERMINING TNAT THE PURT.!C CONVENIENCE AND NECESSITY REQUIRE IMPROV~4ENT WORK, AND ORDERING WORK, ASSESS~E~ DISTRICT NO. 229, SANTA ANA, CALIFORNIA, was read by title. It wns moved by Councilman Gilmore, seconded by Councilman Brooks, that further reading be waived and Resolution 65-151 be adopted. Oa roll call vote: AYES, COUNCIIR~N: NOES, COUNCILMEN: ABSENT, COUNCILMEN: Gilmore, Brooks, Burk, Nerrin, Markel, McMichael, Harvey None None RESOU3TION 65-152 REJECTING BIDS AND AUTHORIZING READVERTIS~E~ ASSESSME/tT DISTRICT NO. 229, SANTA ANA, C~LI~ORNIA was read by title. It was moved by Councilman Gilmore, seconded waived and Resolution 65-152 AYES, COUNCILMEN: NOES, COUNCILMEN: ABSE/~i', COUNCILMEN: by Couacilma~ B~rk, that fu-~ther reading be be adopted. Om roll call vote: Gilmore, Brooks, Burk, Herrim, Markel, McMichael, Harvey Nome N~ae CITY COUNCIL - 360 - September 20, 1965 ~C~S At 9:25 p.m. the Mayor declared a five minute recess. The meeting reconvened at 9:30 p.m. with all Councilmen present. ST. NUMBERS Hearing was opened on the South Main Improvement Association's request for cha~ge in numbering system on South Main. The Clerk reported that postcards had been sent to businesses on Main Street between McFadden and Edinger. Gerald Peebler, President of the South Main Improvement Association, and Dee Hoppe, 1427 S. Main, spoke in favor of renumbering at a time convenient to businesses, stating Association represented about 30~ of businesses. Glenn Evans, !??~ S. ~.~in, spoke in opposition, stating other Main Street businesses should be contacted. The Planning Director explained the result of staff study wherein it would require changing 72 lot numbers to effect ll of the 26 changes requested. The hearing was closed. It was moved by Councilman Brooks, seconded by Councilman McMichael, that the South MAin Improvement Association, if they so desire, circulate a petition to obtain signatures of a majority of the businesses on South Main Street favoring the street number change, for presentation to Council. The motion passed with Councilman Markel abstaining. APPEAL 165 Hearing was opened on Appeal 165 KLINGBEIL filed by Lawlrence G. and Nellie G. Kliz~il from the Zoning Administrator's denial of Variance Application 2165 to conduct a catering truck operation with storage facilities in the R 1 district at 1321 Mar Les Drive. The Clerk reported that notice of the hearing was mailed to adjacent property owners on Sept. l~ 1965; that letters in opposition had been received frc~ Mrs. Helen Bellows, 1922 N. Mar Les Drive, Robert D. Will, 1113 N. Mar Les Drive, Mr. and Mrs. Joe Arcemont, lll7 N. Mar Les Drive, Mr. and Mrs. Vern Breeding, 1717 N. Mar Les Drive, Mr. and Mrs. Douglas Clark, 1510 N. Mar Les Drive, and a petition in opposition with approximately 78 signatures. On motion of Councilman Gilmore, seconded by Councilman Brooks sad carried, the conm~uuications were ordered filed. Lavelle Sanders, 936 W. 21st, representing the applicant, cited as exceptional circumstances the physical characteristics of property with rear entrance; stated there were other home type businesses in area; the applicant would welcome any conditions regarding parking, etc.; that the General Plan could not be adversly affected since it had not been mdopted. Ne submitted a letter from Clifford A. Ra~ney, adjacent property owner, expressing no objection to the use. On motion of Councilman Gilmore~ seconded by Cou~cilm,~ Burk and carried, the letter was ordered filed. Edward Romeo, 1218 Mar Les Drive, Vice President of the Mar Les Property Owners Association, objected to the cnmmercial use of private road; stated all lots are larger than legal size; that the business referred to is ia Commercial zone near 17th; that operator would not be person applying for variance and he knew of circumstances prior to purchase; that approval would be detrimental to other properties by reducing value and creatiug hazard to children. Frank LaBrucherie, 1322 Mar Les Drive; Bud Tatham, ll03 Mar Les Drive; Roy Worker, 1217 Mar Les West; and O. B. McCarter, 1521 N. Mar Les Drive, also spoke in opposition. There being no further testimony, the hearing was closed. CITY COUNCIL September 20, 1965 It was moved by Councilman Mc)4ichael, seconded by CounciLman Markel and carried, that the action of the Zoning Admimistrator be upheld amd the City Attorney be instructed to prepare a resolution de~ying Variance Application 2165. C0~9~ERCIAL Council considered the recommendation RESIDENTIAL DIST. from the Pl~--img C.v..--ission proposing the amendment of the Municipal Code to add a new C~mmercial-Residential District. The Planning Director recommended that the matter be continued again to allow further discussion with sign association representatives. On motion of Councilman Markel, seconded by Councilmam Gilmore and carried, action on the matter was continued to the meeting of October 18, 1965. SCHOOL CROSSING Director of Pablic Works submitted his report en school crossing protection at 17th amd Limwood, as a result of a request for signal by Sierra PTA, stating that an overhead bridge would cost about $25,000; that a crossing guard would probably still be necessary; that if an assessment district were formed, the cost would be about $70 per h~me; amd that construction of a sidewalk along the south side of 17th was an altermate solution, requir- ing children to walk to the existing sigmal at 17th amd Graad. The City Mamager pointed out a guard is provided during school hours; the City is building a park south of 17th which will limit use of crossing after hoars; that a guard would still be required to insure use of a bridge; that other areas with comparable conditions would -,"arrant comparable solutions. Charles Clemensen, 1512 E. Washington Avenue, said that a crossing guard camnot prevent certaia types of accidents, and while ackmowledging that children might be resistive to us~-ug the overpass, he pledged the assistance of the PTA in an educational program; proposed that Limwo~d at 17th be completely blocked off, since there were adequate accesses elsewhere. He asked the City to be respomsible in an amount equal to the cost of constructing a sidewalk amd maintaining a guard and the property owners would assume the balance toward constructing bridge; failing this an assessment district petition would be circulated. A motion to underwrite one-half the cost if a 60% petitiom is submitted for an assessment district was withdrawa by Councilman Burk after a discussion of responsibility for child safety regardless of ability to pay. It was moved by C~uncilmamB~rk, seconded by CouncJl=~ Herrin that the Sierra PTA be given blessing of Council in attempt to form assessment district to establish overhead crossing. The moti~ carried on roll call vote: AYES, COUNCILMEN: NOES, COUNCIIA~EN: ABSENT, COUNCILMEN: Gilmore, Burk, Herrin, Markel Brooks, McNichael, Harvey Nme M~24BERSHIP FEES The City Mamager reported on C~ncil's request for imf~rmation concerning participation i~ the National League of Cities without membership. The City without paying a fee can participate through the State League, but cannot vote and would not receive publications. It was moved by Councilm-n Brooks, seconded by Councilman McMichael that Council authorize payment of the $750 for f~ll vo~ing membership in the Natiomal League of Cities. The motion passed on roll call vote: Cl/~Y COUNCIL - 362 - September 20, 1965 AYES, C 0~q~C II/~EN: NOES, COUNCILMEN: ABSE~T~ C0UNC ILMEN: Gilmore, Brooks, McMichael, Harvey Burk, Herrin, Markel None PRE. REC. OF On motion of CouncJlrm~n Gilmore, SURVEM ~30 seconded by Councilmen Markel and carried, Council approved, subject to conditions in the Planning Director's report dated September l~, 1965, Preliminary Record of Survey k30 filed by G. Howard Robertshaw, creating two R i lots west of Parton on the north side of Warner, and waived alley requirement. FINAL MAP 6007 Final Map, Tract 6007, was filed by Greer Bros. Enterprises, creating 18 lots on the east side of Bristol, north of Santiago Creek. It was moved by Councilms-u Burk, seconded by Councilman Markel and carried, that Council approve Tract Map 6007, accept the dedications thereon, and authorize execution of the subdivision agreement. SURPLUS PROPERTY On motion of Counci]m~n Brooks, SALE seconded by C~uncilmmn Herrin and carried, Council authorized sale- on November l, 1965 at minimum price of $66~500, property declared surplus in Report 13-65 on Adams, west of Flood Control District, consisting of 19 lots; authorized employment of the President of the Board of Realtors to list the property in multiple listings. TRAFFIC HAZARD Council heard Ed Attenborough~ 2121 W. Edna Drive, regarding his letter and attached petition describing the traffic hazard and nuisance caused by a short section of West Edna Drive at Lewis Street~ which is a half-street, and the conflict of authority in resolving the problem. The City Manager explained the area is under the jurisdiction of the Orange County Flood Control District. On motion of Councilman Brooks, seconded by Councilman Herrin and carried, Council referred the matter to staff for investigation and report at the meeting of October ~, 1965. SOLICITATIONS On motion of Councilman Brooks, seconded by CouncilmanBurk aud carried, Council approved the following solicitation requests: Orange County Chapter, Muscular Dystrophy Association to solicit house to house December 3rd to 5th~ and to place canisters in stores during December. Boys' Club of Santa Ann to sell Halloween candy October 9 through 30th. Services for the Blind, to sell tickets to a dinner dance September 15th to October 23rd, 1965. Mater Dei High School, to sell candy from October 6 to October 12 to buy band equipment. CIT~ COUNCIL - 363 - September 20, 1965 HARBOR DISTRICT Council comsidered the invoice for STUDY research amd clerical fee submitted by ~rs. Louie Boer for study of the Orange County Harbor District. ~rs. Boer, 912 N. L~well, c~mented on her reasons for submitting an invoice. She was supported by c~ents from Cliff Fraizer~ 2049 S. Halladay, ~adel~v~ Cenkar~ 806 S. Fliatridge (who later withdrew her remarks, saying she had been mis- informed), a~d Del Michael, 917 S. Toland. Mayor Harvey clarified the situation by explaining that Mrs. Boe~ had never before charged for amy civic undertaking, and had been requested by him to seek certain ~-~ormation regardimg the Harbor District. After about a week it had been agreed that certain out-of-pocket expenses would be paid, and Mrs. Beer was partially reimbursed after submitting an invoice. The Mayor spoke appreciatively of the many hours spent by Mrs. Beer in pursuing imfor- matiom, but stated that the arrangement had been imformal. On motion of Councilman Burk, seconded by Councilm-a Brooks amd carried, Council denied payment of the claim, but authorized payment of out-of-pocket expenses approved by the Mayor and City Manager. Mayor Harvey formally declared that any further research for him by Mrs. Boer was terminated. ~US. LIC. WAIVER circus at 1224 E. Warner, October 9, 1965, On motion of Councilman McMichael, seconded by Councilman Herrin and carried, Council-waived requirement of business license fee for a sponsored by the Optimist Club. CROSSING PROTECTION On motion of Cotmcilmm~ McMichael, FUND seconded by Councilman Brooks and carried, Council authorized the Mayor to sign request to Public Utilities Ccmmmission to allocate funds from crossing protection fund to reimburse the City for one-half of cost for installation of automatic lights, signals and gates at Santa Fe crossing of Grand. TRACT 5286 Acting on the Public Works Director's BOND RkO.RASE report of satisfactory completion of improvements, on motion of Coumcilmam McNichael, seconded by Coancilmmn Brooks and carried, Council authorized release of bonds for Tract 5286, Standard and Edinger. advertising for bids for the followiB~: On motion of Councilman GiLmore, seconded by Councilman Markel and carried, Council approved plans and specifications and authorized Project C-11~ - construction of median island in 17th, 300' west and east of Bristol and in Bristol, 470' south and 240' north of 17th. Opening date October 12, 1965. Automobiles - Spec. 621-56. Opening date October 18, 1965. 1 Air Compressor - Spec. 623-25. Opening date October 18, 1965. 2 Tractors - Bahkhoe, front ~ loader units, Spec. 623-26. Opening date October 18, 1965. CITY COUNCIL - 364 - September 20, 1965 3 Mebile Radie Units - Spec. 654-9. 0pemi~g date October 18, 1965. Fire Hose - 2400' of 3", Spec. 631-6. Opening date October 4, 1965. AUCTION Council considered request from Jack H. Feldmam to conduct an auction September 21, 1965 at Hathaway Manufacturing Company. Phil Hamson, 838 E. 1st, stated that apparently the applicant could not comply with the Municipal C~de which requires Santa Aha residency. Councilman Brooks made a motion that the request be gramted, subject to compliance with the Municipal Code, but withdrew his motioa when i~formed that the auction was scheduled for September 21st. Discussion revealed that Mr. Haason was willing for the applicant to work under his license if he so desired. On motion of Councilman Brooks, seconded by Councilman Burk and carried, the request was denied. Councilman Brooks requested the attorney to check into the Mumicipal Code provisions regarding auctioneers if they limited business to one person. B~S. LIC. WAIVER On motion of CounciLman Brooks, seconded by Councilman Herri~ and carried, Council referred to staff for report at next meeting, request from Orange County Association for Retarded Children for waiver of business license fee for Thrift Shop at 422 W. 4th. DRIVEWAY APPROACHES Bill Corvour, 1002 Hickory, seeking authorization for driveway approaches, was advised by the ~ayor to confer with the City Manager. ADJO~ There being no further business to come before the Council, on motion of CounciLman Brooks, seconded by Councilm-n Herrin and carried, the meeting was adjourned to September 30, 1965 at 2:00 p.m. in the Council Chambers. DOHIS M. BROWN CLEP~ OF THE COUNCIL City Council - 365 - September 20, 1965