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01-16-1967
MINUTES OF ~ REGULAR MEETING OF THE CiT~ COUNCIL OF THE CITY OF S~/ITA AI~A, CALIFORNIA January 16~ 1967 '£ne meetir~g was called to order at 2~'00 P.M. ~n the Council Chanbers~ 217 Main Street. Roll call w~s answered by C~ucilmen Js~es Gilmore~ Walter ~:~rod~s~ Davis ~rk~ Wade Herrin, J~ Ogden Markel and Mayor Earzy H~ Harvey.. C~t~cilman Tom McMichael was absent~ but arrived later., Also present were A~.sis~ant City Manager Bruce Co Spragg~ City Attorney William L. Mock~ D~rector of l%~blic Works Ronald Wolford, Director of Planning Paul St~_vens~ and Clerk of the Council Doris M. APPPfY;~AL ©F MINUTES Cn motiun of Councilman Herrin~ seconded by CounciL~ Bu~k and carried~ Minutes of the Regular Meeting cf January 3~ 1967 were approved, MOBILE P~iO UNITS On motion of Co~cilman Brooks~ seconded by Councilman Markel and carried, Council ordered filed report of bids received for ll mobile radio units$ awarded contract to the third lowest bidder ~the two lowest bidders did not meet the specifications)~ Radio Corporation of America~ and rejected all other B.ED C~7~Lq On motion of Councilman Gilmore, seconded by Councilman Brooks and carried, the City Council approved th~ plans and specifications and authorized ~dvertising for bids for~ ]~oject 272 - Fourth Street~ Santa Aha Freeway to Tustin, opening d~te /~ebruary 14~ 1967~ Progect C~ll~7 - Mai~ Street, Talbert to War. er, opening date Jau~ry 31~ Main Street Trunk Sewer and 17th and Washington Streets Suh.-Trom~ks~ opening date February 7~ 1967o Councilman McNic.hael arrived at 2~03 P~M~ O~D. NS-86k ORDINANCE NS-864 REPEALING ~ RE- UNDERGROUND UTZLITIES ENACTING SECTION 933~ AND ADDING SECTION~ 9335, 9336~ 9337~ AND 9338 TO P~2qT 3~ CHAPTER 3, ARTICLE IX OF TH~ SANTA ANA ~JNICIPAL CODE TO PROVDE FOR UNDERGltO~ND UTILITY LINES was read by title. It was moved by Councilman Gilmore, seconded by Councilman Herrin? that further reading be waived and Ordinance NS~864 be adopted° On roll call vote ~' CI~TT COUNCIL -102- January 1967 AYES: NOES: ABS.,t~r~: Councilmen Gl~e, ~rooks, Burk, ~erriu~, ~ark. el~ ~clCichae~, ~e7 None None It was nove~ By Councilman Brooks, seconded by Counci~=-- Rerrin, that Resolution 67-8 be a~lopted, waiving further rea~ing. On roll call vote: AYES~ Counciluen Giluore, Brooks, B~rk, l[errin, Markel, Hc3Lichae 1, Karvey Later in the ~eeting, C~uncil reconsiAered action on this resolution on action of Councilu~n Brooks, seco~AeA by Councilum- Giluore aha carried. The ~eool~tion vas revised by inserting ~he words 'incluaing a new City Hall" folloving the w~l~l "facilities" in Proposition B ami re-e~opte~ by the saue title, on Botion of Counciluan Brooks, 8ecenAed by CosAcilBan #arkel, further reoAing haviBg been vaived. On roll call vote: Council]Mn Gilmore, Brooks, ~urk, Xerrin, #~rkel, l(c~Lchael, ~-_--, .y ABSEBT: Ii. ne lotion of Councilman Brooks, seconded by CouncilmaA Herrin; Resolution 67-9 was oAopted, waiving further reeding. On roll call vote: CoUncilmen Gilmore, B~ooks, ~urk, Kerrin, Markel, RcR.'Lchael, Ka~-, .y lO~: None ABSElfT: ]one Later in the 2eebing, Council recenstAereA actim~ ~n this resolution on ~ion of Councilwan Bark, secm~leA by Counciluan Narkel an~ ceA-tied. The reselntton vas revised by inserting the wor~s "includ/ng a new City Hallu following the wor~ "faeilitios~ in Proposition B and re-a~Lolrbed by the name title, on lotion of Co~actlRan ~ark, ceeonAed by ConucJl-m- Herrin, further read/ag having been vaived. On roll call vote~ ,ClT~ COUlC/L -10~- ~an-~y 16, 1967 AYES: NOES: ABSE"NT: Councilmen Gilmore, Brooks, Burk, Herrin, Markel, McNichael, Harvey None None O~D. N8-865 ORDINANCE NS-865 OF THE CITY OF SANTA B0~D ELECTION ANA, CALIFORNIA, ORDERING, C~T.T.r~G, PROVIDING FOR AND GI%~iNG NOTICE OF A SPECIAL ELECTION TO BE HELD IN SAID CITY ON APRIL 4, 1967, FOR THE PURPOSE OF SUB~'x'~iNG TO T~E QUALIF.,:~ VOTERS OF SAID CITY PROPOSITIONS TO INCUR BONDED INDEBTEDNESS BY SAID CITY FOR CERTAIN MUNICIPAL IMPROV--EME~TS AND CONSOLIDATING SAID RLk%T~ION WITH TEE G~NF~HAL MUNICIPAL ELECTION TO BE HELD ON SAID DATE was read by title. It was moved by Councilm, n Gilmore, seconded by Councilman Herrin and carried, that further rea~inghe waived and Ordinance NS-865 be passed to second reading. Later in the meeting, Council reconsidered action on this ordinance on motion of Councilman Brooks, seconded by Councilman Gilmore and carried. The ordinance was revised by inserti~g the words "including a new City Nall" following the word "facilities" in Proposition B, re-introduced by the same title and passed to second reading, on motion of Councilm~n Brooks, seconded by Councilman Markel and unanimously carried, further reading having been waived. &% ORD. NS-866 O~DINANCE NS-866 PROVIDING FOR G~I~L~AL ~UNICIPAL ELECTION HOLDING OF A GENERAL ~JNICIPAL EL~CTION IN THE CITY OF SANTA ANA, CALIFORNIA, ON THE 4TH DAY OF APRIL, 1967, FOR TEE RLRCTION OF TEREE M~24BERS OF CITY COUNCIL AND TWO M~BERS OF T~ BOARD OF EDUCATION, GIVING NOTICE OF SAID ~.~CTION, DESIGNATING POLLING PLACES, HOURS DURING WNICH 'l'~ SNALL BE OPENED, AND APPOINTING ELECTION OFFICERS TO SERVE AT SAID ELECTION was read by title. It was moved by Couacilman Gilmore, seconded by Councilman Herrinand unanimously carried, that further reading be waived and Ordinance NS-866 be passed to second reading. RES. 67-11 A resolution authorizing Councilmen to ARGUMENTS FOR CITY MEASURES file written arguments for City measures was tabled, on motion of Councilman Brooks, seconded by Counc~lm~ Burk and carried. Later in the meeting, the resolution was withdrawn frcm the Agenda on motion of Councilm~ Nerrin~ seconded by Councilman Burkand carried. RES. 67-5 RESOLUTION 67-5 OF THE CITY COUNCIL OF COIJ.W~E OF MEDICINE THE CITY OF SANTA ANA TO ENCOURAGE TN ESTABLIS~£ OF A C0~.L~E OF MEDICINE AT THE 9NIVERSITY OF CALIFORNIA - IRVINE was read by title. It was moved ~y Counci~msn Brooks, seconded by Councilman Gilmore, that the resolution be adopted, waiving further reading. On roll call vote: CIT~ COUNCIL -10~- January 16, 1967 AYES: C,uncilmen Gilmore~ Brooks, Burk~ Rerrin, Markel, McMichael, Harvey NOES: None ABSENT: Noue RES. 67-10 %~ ~w MAIN S~i' CHANNELIZATION SAID AREA was read by title. RESOI/;TION 67-10 AUTHORIZING CHANNEL- IZATION OF MAIN STRm~T AT McFADDEN AND PROHIBITING PA~,.G IN It was moved by Comncilma~ Brooks, seconded by Councilman Gilmore~ that the resolutiam be adopted, waiving further reading. On roll call vote: AYES Councilmen Gilmore, Brooks, Burk, Herrin~ Markel, McMichael, Harvey NOES: None ABSENT: None RES. 67-6 'Dc,~&% RESOLUTION 67-6 ACCEPTING D":":"S D":":~8 '£aE CITT IS PAYING NO CASH CONSIDEP~TION (Ebersole, K~g & Muhic, Lee & Daniel, Rawlins, So. Pacific Co.) was read by title. It was moved by Councilman Brooks, seconded by Councilman Gilmore, that the resolution be adopted, waiving further reading. On roll call vote: Councilmen Gilmore, Brooks~ Bark, Herrin, Markel, McMichael, Harvey NOES: None ABSENT: None RES. 67-7 RESOLUTION 67-7 AUTHORIZING EF~FL"4TION OF A Q%rITCLAINDEEDTO ORATE CO~'IT FLOOD CONI'HOL DISTRICT was read by title. It was moved by Councilma- Brooks, seconded by Councilmau Gilmore, that the resolution be adopted, waiving further reading. On roll call vote: AYES: Councilmen Gilmore~ Brooks, Burk, Herrlu, Markel, McMichael, Harvey NOES: None ABSENT: None CHANGE O~DER ~ 5 %% ~ On motion of Counci~m-u Markel, seconded by Councilm-~ Gilmore and carried, Council approved and auth- orized execution of Change Order No. 1 to contract with Yc~ler and Sons for Project No. 199, Improvement of Gran~, south of McFadden to Chestnut; increase $~72.87 CITY COUNCIL -105- January 16, 1967 WR-','i'EN COMMUNICATIONS On motion of Counci]ma~ Gilmore, seconded by Councilman Bro~ks carried, the City Council ordered the following ccemuznications filed: VARIANCE AND C0~DITIONAL USE PERMIT - Decisions made by the Planning Commission or Zoning A~ministrator where no appeal has been filed. For affirmation by Council: VA 66-100, McCANDLESS - construct home in a(kliti~n to existing= home ia Ri District at 806 Oraage - APPR0¥mu (See .further action belew)~ VA 66-101, HUMBLE OIL - 2 canopies over existing pump is]~s and add new pu~ island and new servic~e bay to existing building in A1 District. at 2230 Santa Clara- APPROVED ~ VA 66-102, OTTOME~ER - operate machine shop amd fiber- glass shop ia existing industrial buildimg in R2 District at 2517 Cypress - APPROVED; VA 66-103, J0~IDAN - construct shopping center which not meet CR standalxls in C~ District at 2900 S. Bristol - APPROVED. LI]~J~[ - funds for ~r~OWER approv~ ~= Letter from Frances Smith, 1106 Lacy, regarding library expansion. ANNEXATION ~- B~ard icl Supervisors resolutiem Sunflower ~-,exation No. 1. ~ ~o TRAFFIC - Reports of traffic control devices installed or removed 12/12/66 - 1/9/67. REPORT - For perie~ endiag September 30~ t966~ ACC0UNTANT~, VA 66-100, McCANDLEss The Pl~n~img DirectOr reported that one condition of Variance 66-100 re- gardiag alley improvements, estimate~ at $100 to $200, w~uld cost the applicant $700 to $800 ia engineering fees. O~ motion of Counci~m~- McMichael, seconded by Councilman Brooks an~ carrie~, applicant was authorized to file an application withomt fee to remove the c~nditi~a. ALCOHOLIC BEVERAGE LICENSE On motion of Councilman McMichael, APPLICATIONS seconded by Council~-~ Markel -~ carried, the following Applications for Alcoholic Beverage License were or~ere~ filed: The Dugout, 253~ Westminster, 0nSale Beer~ Person Transfer; Bristol ~--~ 1232 S. Bristol, On Sale General, Person Transfer; Sharp, B610 Bolsa, New Off Sale Beer an~Wine; O'Cam~o,~23 S. Bristol, Supplemental Application, N~* Off Sale General. ~ID-BLOCK CROSS~WAIx Reporting orally on the request to remove mid-block 'crosswalk on Tenth Street between Main am~ Bush, the Director of Public Works rec~-mende~ it be retained. Mrs. Janice Boer repeated her request an~ suggeste~l sigas be plac~d to caution pedes- trians it is a public street. Mayor Harvey asked the Director of Public CIT~ COUNCIL -106- January 16, 1967 Works to approach Buffums informally about placing signs~ The report was ordered filed on motion of Councilman Brooks, seconded by Councilman Herrin, amd carried, with Councilman Markel voting "No", indicating that he felt that the contact with B~ffums should be at the Council level° SCHOOL REimJSE COr3.W. CTIOH '~% %1 ~ The City Attorney, reporting on the ~®~o~- lawsuit with the Santa Aaa School District regarding refuse collection~ stated the relief sought by the school people was granted, leaving us the right to appeal. Mrs. Janice Boer read a letter objecting to the appeal and employing special legal counsel° On motion of Councilman Brooks, seconded by Coumcilman Markel and carried, the City Attorney was authorized to appeal° On Motion of Councilman Brooks, seconded by Councilman Burk and carried~ the Boer letter was ordered filed. SEGERSTROM ACCESS eR ~ Thomas F. Hines, Director of Real Estate for Ralphs Industries, spoke in regard to the shopping center at 2900 South Bristol, requesting a change in the Segerstrcm median to accomm~odate driveways into the shopping center. The Public Works Director disagreed. with the proposal. Mayor Harvey stated that the matter should be held over until the next meeting since it was not on the Agenda. It was directed that the matter be placed on the Agenda for the Council meeting of February 6, 1967. PORTABLE BUILDING C ~ 9~ Hal Winter, of the Downtown Santa Aaa Associntion~ representing the promotional c~mmittee for the proposed bond issue~ requested permission to erect a small building at ~th and Main or ~th and Broadway for the purpose of distributing literature on the proposed bond issue for 60 days. It was moved by Councilman Markel~ seconded by Councilman Herrin and carried, to grant the committee's request for one or more buildings. STANDARD AND WARNER TRAFFIC Start Bates, representing Towasend Company, Cherry Rivet Division~ re- quested help from the Council regard- lng a traffic problem comfronting their comps, the corner of which is at the intersection of Standard amd Warner and suggested a traffic sigmal at the intersectiou, with the compam~ contributing toward the cost if necessary. The Public Works Director stated the last traffic count didn% quite meet the warrants for a traffic signal, but by next spring it pro- bably would. Council discussed the responsibility for costs of traffic controls~ the availability of contingency funds, and the possibility of reimbursement if cost is borne by private company° Council~-- Gilmore suggested that the Public Works Director come back at the next meeting with information on costs~ warrants~ and how it could be done, acting on the assumption that the Council is willing to proceed° MUSEUM BOARD %% Z~ Councilman Brooks reported that Dro Nicholsou will not be able to continue to serve on the Museum Board after his leave of absence is up. Councilmam Eerrin stated that he had spoken to Mr. Chart, and that Mr. Cham very definitely wamts to serve on the Board° The Mayor stated that there will be an executive session at the next meeting to clear up these matters. CITT COUNCIL -107- Jamuary 16, 1967 RECESS At 3:50 PoM., the meeting was recessed to 7:30 PeN. The meeting was recon- vened at 7:30 P.Mo with the some Council- men present o Following the Pledge of Allegiance to the Flag, the Imvoca- tion was delivered by the Reverend Robert Do Fraley, Saint Luke's Methodist Church. APPEAL 186 Hearing was opened on APPeal 186, filed JOSAM INVESTMENT COMPANY by Josom Investment Company, appealing VA 66-95 Pl~E C~amission's denial of Variance 66-95 to construct 140 unit apartment complex that encroaches into required street side yard and rear yard with less than required parking in C 2 District at 901 South Harbor. The Clerk of the Council reported notice of the hearing mailed to adjacent property owners with certificate on file and stated that no written communications had been received. Dale Heinly, attorney for applicant, called attention to the fact that in evaluating the proposal, the staff calls the proposal an apartment complex in the C 2 District; the applicant calls it motel apartments because they have units which have a bedroom, a bath, a kitchen and a living room. client's idea was copied from what is called an executive hotel in Chicago. They charge on a daily, weekly, and monthly basis. From June i tkr~.,gh September 15 they have s,,,.,er rates, more profits in that period than in any other actual period, and they~ do not allow weekly or monthly rates in that period; they'do rent on a we&kly basis, but the rate is suhstaut~ially greater than the ~ate charged in the winter. Discussing the staff evalua- tion of the proposal, point by point, Mr. Heihly noted that denial was recommended, but conditions suggested, if approved, were requirements for the R3 and R3H Districts even though property is zoned C 2. Displaying pictures of the Wishing Well and English motels, Mr. Heinly c~mwented this development could be built as planned in the C 2 District as a motel with the exception of the ~kitchens on the ground floor° He asked Council to indicate it is a motel and allow development. The Pla~,t~g Direct°r stated that in the Municipal Code part of the defini- tion of apartment is that it has a kitchen. In motel, part of the de2ini- tion is that parking is located close to the unit, and it is primarily designed for transient use. He said the City Council determined some years ago that a motel was whatever was comparable to the standard of the trade. The standard of the trade, as developed from a survey (of 72 motels) showed slightly less than 22% of the rooms had kitchens. The application proposed here has 74% of the rooms having kitchens. It was the determination of the Council that the standard of the trade was around 25% with kitchens o This proposal was three times greater, which caused the Commission to state that this was an apartment rather than a motel. Mrs° Madelyn C~ynkar, speaking for the President of the Southwest Home- owners Association, noted that 140 units are in excess of those allowed by law; that Kent Street is the only ingress and egress to Montgomery Park off Harbor Boulevard, a heavily travelled street. Evelyn Wiley, property owner of the corner of Harbor and Kent directly south of the proposed complex, stated she does not wa~t Harbor Boulevard to become Apartment House Row; expressed concern for the traffic problem; stated no objection to the motel, but objected to amything that would rezone Harbor Boulevard. Glenda Paulos, 901 South Figueroa, stated they had a petition signed hy nearly everyone im Montgomery Park protesting this co.plax; commented that parking is comgested now, and the residents of Montgomery Park do not want additional parking on their streets. CITY COUNCIL -108- January 16, 1967 The Planning Director filed with the Council the petitio~ with 146 signa- tures frcm the surrounding neighborhood protesting the application. On motion of Councilman Gilmore, seconded by Councilman Brooks and carried, the petition was ordered filed. The Planning Director commented that if this is a motel, it is deficient in parking° Noting the concentration of people is exceeded onlY by those in Central Santa Ana, he felt this cmaplex was really an addition to the project already there and the Fire Department wanted a way to go from one to the other. He reported on a license survey of users of the first development showing almost 72% of users staying more than two weeks° He described the complex as adaptable to long term residency, and noted there is a minimum long term residency standard imposed in Santa Aha to include normal parking space for a family and 50% open space, while this project covers 90% of the area° It is below the standard of other units regard~ less of length of occupancy. This type of density in co~m~ercial areas would frustrate the General Plan, according to the Planning Co~missiono Mr o Neinly, speaking in rebuttal, stated with respect to the residents in Montgomery Park, the applicants have no objection to the driveway on Kent being eliminated, providing there are two entrances on Narhor; that the plan could he modified to accc~modate Fire Department rec~endation; and that applicant thinks this project would upgrade Harbor Boulevard° Mro Heinly said he thought the Planning Director's survey was iac~plete; that about 65% of their units had kitchens, but this doesn't make it an apartment house. There being no further testimony, the hearing was closed. Following a lengthy discussion of definitions and requirements for apartments and motels, it was moved by Councilman McMichael, seconded by Councilman Gilmore and carried, that the appeal be returned to the Planning Comission for re-evaluation of plans, requirements and usage. In response to Cou~cilma~ Brooks' question of specific instructions, Councilma~ McMichael expressed as his intent that there could be re- quirements to provide adequate area, parking, setbacks, et cetera. RECESS Council members present At 9ElO P.Mo~ a five-minute recess was declared° The City Council re- convened at 9:15 PoMo~ with the same VARIANCE 66-35 ~ ~ On motion of Councilman McMichael, GEORGE Lo TAII~ seconded by Councilman Markel and carried~ Council approved the request by George Lo Taney for 90 day extension of time on Variance 66-35 for garage to install smog devices, etc. at 802 N. Flower, approved by Council 7/5/66. TRAFFIC SIGNAL 0_% ~o On motion of Councilman Brooks, BRISTOL AND WA~NER seconded by Councilman Gilmore and carried, the request by Clifton L. Miller for study of intersection of Bristol and Warner to determine necessity for left turn only arrows was referred to the staff for study and report at the next meeting. CITY CO~C~ '~9- JanuaryS, 1~7 SOLICITATION %R q~ On Motion of Councilman McMichael~ seconded hy Councilman Burk and carried, the request of the Girl Scout Council for Cookie Sale February l0 - March l0 and Calendar Sale November 2 - November 30 was granted. PAi~CEL NAP 496 ~ ~ On motion of Councilman Markel~ seconded by Couneilmmm B~ooks and carried, Council approved parcel Map 496, filed by Calder~ crentimg three l~nrcels west of Graz~l~o~ the south side of Nunter, subject to conditions set out in the Plsmming Director's Report dated January 9, 1967, and waived alley requirement. PARCEL NAP 495 ~% ~ On motion of Councilman Markel, seconded by CounciLman Brooks and carried, Council approved Parcel Map 495, filed by Santiago Development Company, creating three parcels west of Maim and south of P.E~R.R.~ subject to conditions set out in the Plan~ing Director',s Report, dated January 9, 1967, and waived alley requirement. OVERWIDTE DRIVEWAY Q ~ ~ ~ O~ motion of Councilman McMichael~ seconded by Councilman B~rk and carried, the request for a 54 foot driveway for a service station at Lthe west side of Bristol Street south of the Garden Grove Freeway was approved. W,:,:,~ ABAT~24E~T %~ ~ On motion of Councilman McF~ichael~ seconded by Councilman Herrin and carrie~, Council approved the request for authorization to pay $68.03 to the County Tax Collector for 1966 Weed Abatement Assessment charged in error to AP-lOO-170-40. (Pearson) REIM~Jt~S~T ~ %~ On motion of Councilmau Markel~ seconded by Councilman Gilmore and carried, Co~mcil granted authorization to reimburse Church of the Bible $1,~15.00 for improvements constructed at ~60]~ W. McFadden in exchange for dedication of ultimate street right ~of way. ~NICIPAL ~.WCTION ~ &~ On motion of Councilman ~rooks, seconded by Co~ci~ ~1 ~d ca~ie~ Co~cil ~ted a pollc~ t~t each c~di~te ~o ~shes to file a ~at~ent ef ~lificatio~ in the ~nfcipal Ele~i~ shall ~y the cost of print~ ~d h~dli~ ~ that~ at the t~e of fili~ his S~at~nt~ each Co~cil ca~i~te deposit $3~ ~ ea~ School B~d c~idate deposit ~50 ~th the Clerk of the Co~cil. FoC.Co SUNPLUS PROPERTY d~ $~ On motion of Councilmam Markel, Q~ava% seconded ~ry Councilman Brooks an~ carrie4, the City Council authorized the City Manager, Carl J. Thornton, to execute an Application for Purchase, in behalf of the City, from the United States of America, for public park purposes~ the land known as F.C.C.. Monitoring Station, Santa Ann, California, GSA Control No. 9-Z-Calif-598-B and to do all other acts necessary to cons,,mmate the transaction. CITY COUNCIL -110- January 16, 1967 ORAL CO~ICATIONS ~rs. Janice Boer spoke to the cOUncil regarding park site fun~s transferred fre~ ~disen School ~o an agenda packet fer ~he public~ an~[ a Cha/~cer a~end~ent · aJority v~te for Councilmen. ADj~ There Being no further business to cc~e Before the City Council, the meeting was a~Jeurned at 9:~0 P.I~., on motion of C~uncilman NcHichael, seconded ~y C~uncilman Burk aa~ carrie~. Doris ~. Brown Clerk of the Council CIT~ C09NCIL January 16, 1967