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HomeMy WebLinkAbout08-21-1967MINUTES OF THE REGUI~%R MEETING OF THE CIi~ COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA August 21, 1967 The meeting was called to order at 2:00 P~M. in the Council Chambers, 217 North Main Street. Roll call was answered by Councilmen Wade Herrin, Walter Brooks, Lorin Griset, J. Ogden Markel, Thomas W. Thurman and Mayor Tom McMichael. Councilman James E. Carlson was absent but arrived later. Also present were Assistant City Manager Bruce gpragg, City Attorney William L. Mock~ Director of Public Works RonaldWolford, Planning Director Van Stevens, and Clerk of the Council Doris M. Brown. MINUTES At the request of CounciLman Markel~ approval of the Minutes of the Regular Meeting of August 3, 1967, was post- poned to evening session so Councilman Markel could be informed of the nature of the Executive Session held on August 7th. PROJECT S-51 ~ ~ ~ On motion of Councilman Brooks, SEWER - BROADWAY seconded by Councilman Markel and carried, Council ordered filed report of bids received for Project S-51 - Sanitary Sewer in Broadway from Nine- teenth St. to Charlotte; awarded contract to the low bidder, Dateline Pipe Contracting, Inc., at unit prices; and rejected all other bids. ORDINANCES AND RESOLUTIONS On motion of Councilman Griset, seconded by CounciLman Herrin and carried, the reading of all ordinances and resolutions listed on the public agenda was waived. Councilman Carlson arrived at 2:05 P.M. ORD. NS-883 ~-6 ~og ORDINANCE NS-883 OF THE CITY OF TAX RATE SAIITA ANA~ CALIFORNIA, FIXING THE AMOUNT OF MONEY ASCERTAINED TO CARRY ON THE VARIOUS DEPARTMENTS OF THE CITY, AND TO PAY THE BONDED !NDE~EDNESS FALLING DUE FOR THE CURREI~T YEAR 1967-68, FIXING THE RATE OF TAXATION FOR SAID CURRENT YEAR: AND DESIGNATING THE ~ER OF CEIITS ON EACH $100.00 FOR THE VARIOUS FUNDS OF SAID CITY HEREBY LEVIED ON THE WHOLE OF THE TAXABLE PROPERTY IN SAID CITY ($1.15) was adopted on motion of Councilman Thurman, seconded by Councilman Brooks. On roll call vote: AYES: NOES: ABSENT: Eerrin, Brooks, Carlson, Griset~ Thurman, McMichael Markel None ORD. NS-888 ~ ~ ORDINANCE NS-888 AMENDING SECTION SPEED LIMITS 3280 OF THE SANTA ANA MUNICIPAL CODE TO CHANGE OR ADD PRIMA FACIE SP~.kW~ LIMITS ON FAIRHAVEN AVENUE~ FAINVIEW STREET, GREENVILLE STREET, HALLADAY STREET, MEMORY LANE, SEVENTEENTH STRE~T~ TUSTINAVENUE~ AND WARNER AVENUE was presented for adoption. CITY COUNCIL 265 August ~1, 1967 Councilman Markel objected to some of the proposed speed limits in ccmmercial areas and requested further study. After some discussion of the proposed speed limits, it was moved by Councilman Griset, seconded by CounciLman Herrin, to adopt Ordinance NS-888. On roll call vote: AYES: NOES: ABSENT: Eerrin, Brooks, Carlson, Griset, Thurman, McMichael Markel None ORD. NS-890 A.A. 606 ORDINANCE NS-890 OVEERULING THE COLE DECISION OF THE PLANNING C0~$4ISSION AND CHANGING DISTRICT CLASSIFICATION ON AMEND~ APPLICATION NO. 606, F~.~n BY NARGERY V. COLE AND A~ENDING SECTIONAL DISTRICT MAP 10-5-10 (EXHIBIT AA 606 B) (east side of Harbor, between Washington and 17th) was adopted on motion of Councilman Brooks, seconded by Councilman Herrin. On roll call vote: AYES: NOES: ABSENT: Herrin, Brooks, Carlson, Griset, Markel Thurman, McMichael None ORD. NS-891 - TUSTIN AND FOURTH ORDINANCE NS-891 DECLARING TEE ANNEX- S.W. ANN~ NO. i ATION OF TERRITORY DESIGNATED "TUSTIN AND FOURTH S.W. Amm~ NO. l" TO THE CITY OF SANTA ANA was adopted on motion of Councilman Thurman, seconded by Councilman Markel. On roll call vote: AYES: NOES: ABSENT: Nerrin, Brooks, Carlson~ Griset, Markel, Thurman, McMichael None None ORD. NS-892 ORDINANCE NS-892, AN ORDINANCE OF ','~ CALLING ELECTION CITY OF SANTA ANA, CALIFORNIA, ORDER- ING, CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL ~.W~TION TO BE HELD IN SAID CITY ON OCTOBER 10, 1967, FOR Tn~ PURPOSE OF SUB~'~'£ING TO THE QUALIFIED VOTERS OF SAID CITY A PROPO- SITION TO INCUR BONDED INDEBTEDNESS BY SAID CITY FOR A CEP~AIN ~3NICIPAL IMPROV~2~ENT was read by title. It was moved by Councilman Thurman, seconded by Councilman Griset, to adopt Ordinance NS-892, further reading having been waived. On roll call vote: AYES: NOES: ABSENT: Herrin, Brooks, Carlson, Griset, Thurman, McMichael Markel None ORD. NS-893 ORDINANCE NS-893 AMENDING SECTION PLANNED DEVELOPMENT 9328.2 OF PART 2, CNAPTER 3, ARTICLE IX OF THE SARTA ANA MUNICIPAL CODE (Planned Development) was adopted on motion of Councilman Brooks, seconded by Councilman Eerrino On roll call vote: AYES: NOES: ABSENT: Berrin, Brooks, Carlson, Griset, Markel, Thurman, McMichael None None CITY COUNCIL 266 August 21, 1967 ;ORD. NS-~9~ A. A. 608 O~)I~ANCE NS-89~ CHA~GI~ DISTRICT CONTI/~ENTAL BAKING CO. CLASSIFICATION ON AMENDMENT APPLICATION 60~ FIT.~n BY CONTI. NE~TAL BAKING OO~P~ A~D' AMENDING SECTIONAL DISTRICT MAP 1~-5-10 (EXHIBIT AA 608 A) (west side of Pacific, between First and Walnut) was presented for first reading. It was moved by Councilman Griset' seconded by Councilman Carlson and carried, to pass the Ordinance'to second re~ing. RESOLUTION 67-146 ~ ~ t RESOLUTION 67-146 AFFIRMING. THE DECISION VA 67-55 TREVORROW OF THE ZONING ADMINISTRATOR AND DEWING APPEAL NO. 193 APPEALING CONDITION NO. 2 IMPOSED BY THE ZONING ADMINISTRATOR GRANTING A VARIANCE ON VARIANCE APPLIOATION 67-55 FIT.k~D BY RAYMOND G.'TRE"gOBROW was adopted on motion of CounciLman B~ks, seconded by Councilman Herrin. On roll call vote: AYES: NOES: ABSENT Herrin, Brooks, Carlson, Griset, Markel, Thurman, McMichael None None RESOLUTION 67-147 '~ ~/ RESOLUTION 67-147REQUESTINGTNEBOARD RE~JSETRANSFER FEES OF SUPERVISORS TO DELAY CONS]])ERATION OF ESTABLISH~aFr OF REFUSE TRANS~ FEES PENDING LEAGUE OF CALIFORNIA CITIF-q REPORT was adopted on motion of Councilman Brooks, seconded by Collncilman Herrin. On roll call vote: AYES: NOES: ABSENT: Herrin, Brooks, Carlson, Griset, Markel, Thurman, McMlch&el None None On motion of Councilman Brooks, seconded by Councilman Herrin and carried, staff .was authorized to appear at the Board of Supervisors meeting on August 23rd to protest the establishment of refuse transfer fees until completion of League Study. RESOLUTION 67-150 RESOLUTION 67-150 ACCEF£ING D,I~$ FOR D~S ~£'rn CASH WHICH TEE CITY IS PAYING A CASH CONSID- ERATION (Garden Grove Unified School District (2), Lee Armfield) was read by title. At the request of Councilman Markel, it was the Council's decision to vote separately on the three deeds included in Resolution 67-150. On motion of Councilman Thurman, seconded by Councilman Griset and carried, the Garden Grove Unified School District deed for sewer easement south of Hazard, west of Morse, was accepted for $955.00. On motion of Councilmau Griset, seconded by CounciLman Brooks and carried, Council accepted the Garden Grove Unified School District deed for water easement east of Newhope, C5F to West Reservoir in the amount of $3,175.00. It was moved by Councilman Herrin, seconded by Councilmen Carlson, to accept the deed from Lee Armfield for street widening on north side of First, east of Bristol in the amount of $11,715.00. On roll call vote: AYES: NOES: ABSENT: Herrin, Brooks, Carlson, Griset, Thurman, McMichael Markel None COUNCIL 267 August 21, 1967 Resolution 67-150 was revised by deleting the Lee A~mfield deed and Resolution 67-152 was drafted for the Lee Armfield deed only. It was moved by Councilman Griset, seconded by Councilm~n Herrin~ to adopt Resolution 67-150 as revised. On roll call vote: AYES: Herrin~ NOES: None ABSENT: None Carlson, Griset, Markel, Thurman, HcMichael RESOLUTION 67-152 DRRD W£T~ CASH $11,715.00 was read by title° It was moved by Councilman Brooks, Resolution RESOLUTION 67-152 ACCEPTING A FROM LEE AP~iFIELD FOR WltICH THE IS PAYING A CASH CONSIDERATION OF seconded by Councilman Griset, to adopt 67-152. On roll call vote: AYES: NOES~ ABSEIgT~ Herrin, Brooks, Carlson, Griset, Thurman, McMichael Narkel None RESOLUTION 67-151 RESOLUTION 67-151 ACCEPTING DEEDS FOR D,:,:,~$ , NO CASH WHICH THE CITY IS PAYING NO CASH CON- SIDEPATION (Laughlin, Lewis) was adopted on motion of Councilman Herrin~ seconded by Councilman Markel. On roll call vote~ AYES: NOES: ABSENT: Herrin, Brooks, Carlson~ Griset, Markel, Thurman~ McMlchael None None STATE LIBRARY AGRE~4ENT On motion of Councilman Brooks, seconded by Councilman Griset and carried, the City Council approved agreement with California Department of Education for ordering, cataloging, and processing services by the California State Library Processing Center for fiscal year 1967-68. CHANGE ORDERS 0nmotic~ of Councilman Griset~ seconded by Councilman Herrin and carried~ Council approved the following change orders~ No. 3 to contract with Co Eo Hurley Contracting Company~ Project C-147, Construction of Main St., Talbert to Warner, Increase $621~00o No. I to contract with Pacific Coast Irrigation Company; Project W-S6, South Reservoir Landscaping, Increase $492°50° No. i to contract with Nelson-Baird Contracting Company; Project C-l~l, Rosita Park Pool and Building, Increase No. 1 to contract with Industrial Const~ction Compan~ Project C-137, curb medians Ga Fairview from 1st to 5th and 8th to 10th, Increase, $1,148.21. CITY COUNCIL 268 August 21, 1967 PUBLIC ~TILITIES COMMISSION On motion of Councilman Herrin, R.R. GRADE CROSSINGS seconded by CounciLman Carlson and carried~ the Order Instituting In- vestigation before the Public Utilities Coe~aission to establish 1968 list of grade crossings in need of separation, alteration or reconstruction was ordered filed. ABC LICENSE APPLICATIONS On motion of Councilman ~rooks, seconded by Councilman Herrin and carried, the following Applications for Alcoholic Beverage License were ordered filed: Nitty Gritty, 1521 No Harper St., On Sale Beer, Person Transfers ~Ss Inn, 3515 Wo 5th, On Sale Beer, Person Transfers ~ug Out~ 253~ W,Weetmiuster, On Sale Beer, Person Trensfer~ Eons Hawaii Restaurant, 226 S. Harbor, On Sale General, Person Transfer; ~ilver Dollar, 2058½ S. Main, On Sale Beer, Person Transfers Luck~ Center Market, 3502 W. 5th, Off Sale Beer & Wine, Person Transfer. TRAFFIC Repor~ of traffic control devices removed or installed 8/~/67 thromgh 8/11/67 was ordered filed, on motion of Councilman Thurman, seconded by Councilman Carlson and carried° VARIANCE AI~ C0~)ITIONAL On motion of Councilm-uGriset, ~SE P~S seconded by Councilman Herrin and carried, Council ordered filed findings and decisions by the Zoning A~minietrntor or Planning Cow~ssion on the following applications where no appeal has been filed~ VA 67-58, PL~'~INCX - Construct room addition within the required rear yard in R 1 District at $61~W. Sunswept Ave. - APPROVED$ VA 67-~9, BEACH - Construct ro~m addition within the required rear yard in R 1 District at 1606 So Lowell St. - APPROVED$ VA 67-60, EtAUER - Comstruct ~ dwellings on lot in B 2 District at 1909 W. ~ashington - VA 67-65, I~AN & ~ - ~ilize property in the R 3 District for off- street parking at 1012-1018 N. Riverine - APPROVED. At the 'request of Counci~ma~Markel, the City C~uncil discussed the voting ~y the Planming ¢~ission in recent months, due to Mr. B~icken's absence ~ecause of illness, and ~ecause of the a~etaining from voting by some of ~ the members of the Commission due to conflict of interest. ~ack Hall, Chairma~ of the Planning Ccamissi~, explained that Mr. ~ricken is ~ack with the C~m~qsioa now, a~ noted the necessity for abstentions when a conflict of interest arises. Norman Sme~egaar~ explained the positi~ of Commissioner Moore, am attorney with his firm. Janice Boer su~geste~ a change in makeup of C~issica to prevent abstentions, and ~rances ~erris objected to decisions made by the Zonin~ A~ministrator. Zuview of allegatio~ of large number of decisions being made without full C~ssi~n vote, Mayor McMichael asked for staff report on the actual num- ber of decisions made ~ the C~.~.ission in the past year and number of times a C~ssioaer had disqualified himself° Cl~ C~JNCVr. 269 August SALAHY SURVEY The Assistant City Manager reported that the annual salary survey is nearing completion and that recomendations would be sent to the Cotmcil before the next meeting. SURPLUS PROPERTY REPORT 61-65 Council considered staff reccm~endations regarding SoP.R. 61-65, an 18,215 square foot parcel on the west side of King Street at 10th, declared surplus by COtt~cil on 1/3/66o It was felt that the sale of this property should be conditioned upon requiring the buyer to put in street improvements. The matter was held over to the evening meeting for an opinion from the City Attorney. RECESS present. At ~:~5 P.M., a five minute recess was declared. The Council reconvened at 3:50 P,Mo with the same Council members MISCELLANEOUS SALES The Manager's report on proposed fees for miscellaneous sales and service charges being performed by departments was continued to the next meeting, on motion of Councilman Markel~ seconded by Co~ucilmanThurman and carried. BRANCH LIBRAP~f ~r. B~adley presented letter from the Library Board of Trustees regarding an available site for branch library at southwest corner of FairviewandEd~nger. Oamotion of Councilman Griset, seconded by Councilman Markel and carried, the matter was continued for City Manager's study, report to include information on the use of schools as branch libraries~ CIVIC CENTER Council again considered Civic Center Com- ~$ssionResolution regarding advisability of giving Civic Center Authority power to administer parking in the Civic Center~ c~ntinued fr~nthe August 7th meeting, and subsequent Board of Supervisors action to appoint County staff members to reco~nend methods of coordinating and financing construction, maintenance and operation of accessory facilities, including parkiz~ and malls. Mayor McMichael reported that he and V~eMayor Herrin had met with Chairman of the Board of Supervisors David ~aker and Supervisor Featherly~ and the County Staff committee would meet ~ith a City Staff c~maittee co~prised of Assistant City Manager Bruce Spragg, City Attorney William Mock~ Public Works Director Ronald Wolford and Planning Director Van Stevens to make recommendations as set out in the Board of Supervisors action~ It was moved by Councilman Herrin, sec~ndedby Councilman Brooks~ that action be continued pending comittee recommendations. Councilmen Thurma~ and Brooks suggested an action he taken by the City Council to express and emphasize the Council's intent in order to strengthen the City Staff members in their committee negotiations. The motion to continue was carried unanimously. CI~ COUNCIL 270 August ~!~ 1967 POLICE SALARIES Loran Norton, President of the Santa Aha Police Benevolent Aasoicatiou, presented a communication requesting COUncil to adopt a plan for a 5% night differential and time and a hair.for overtime for policemen; otherwise a flat 11% increase in basic pay for policemen; this in addition to the 5% increase they expect the Mauager to recmmmend. ORAL CO]~3NICATIONS Jamice Boer asked about Mission Vie Jo Lighting and Book Center stalls in the City Ball parking lot, the executive session at the last Council meeting, and phone calls, postal car~s and letters regarding the ~boad issue. BOSTON C0~f~REN~E Conference in Boston~ COumCl!-an Narkel a~ Councilman Griset reported on their attenaance at the National League of Cities RECESS At k:55 P.M. the meeting was recessed to 7:30 P.M. at which time. it was reconvened with the same Councilmen present, except Mayor McMichael, who was absent. Follow~nE the Pledge of Allegiance tothe Flag~ the invocation was delivered by the Reverend O. Wilbur Fix of the Evangelical United Brethren Church. MIllES CORRECTION ~:~Pt ? ~:: O~ motion of CounciLman Brooks, seconded by Co~ucilman Thurmau and carried, the Minutes of the meeting of August 7, 1967, were corrected as follows: u~der Executive Session, Page 251, the words "pending litigation" were changed to "personnel matters"; and thereupon approved. ASSESSMENT DISTRICT 226 Hearing was opened on Resolutio~ of Intention 67-117 and Resolution 67-116 to determine public conven- ience and mecessity of proposed work in Assessment District No. 226 (sewers in the area of West~ Street1, n~rth of. Bazard) ~ The. Clerk reported notice of hearing published, m~iled to property owners, and posted in area~ with certificates on file; and that no protests had been received, other than letter from City of' Garden Grove requesting well site be deleted from district. Council received report of bids filed, indicating as low bidder, Far Western Pipeline, Inc. The Public Works Director reported on proposed work aud reasons for necessity of improvement. He stated, regarding letter from the City of Garden Grove, that they did not intend to assess the well site. There being no further testimony, the hearing was closed. RESOLB~ION 67-1~8 DETERMINING TEAT TNB PU~TC C~¥m~CE AND NECESSITY REQUIRE INPROV~$fl~T WORK, AND ORDERING WORK - ASSESSOr DISTRICT 226, SANTA ANA, CALIFORNIA was read by title. It was moved by Councilman Thurman, seconded by Councilman Griset, that the resolution be adopted, waiving further reading. On roll call vote: AYES: NOES: ABSES~: Herrin, Brooks, Carlson, Griset, Markel, Thurman None McMichael C1'£! COUNCi~L 271 August 21, 1967 RESOLUTION 67-1~9 AWARDING CONTRACT, ASSESSMENT DISTRICT NO. 226, SANTA ANA, CALIFORNIA, was read by title. It was moved by Councilman Brooks, seconded by Councilman Carlson, that the resolution be adopted, waiving further reading. On roll call vote: AYES: NOES: ABSENT: Herrin, Brooks, Carlson, Griset, Markel, Thurman None McMichael PARCEL MAP 524 On motion of Councilman Griset, seconded by Councilman Brooks and carried, Council approved Parcel ~ap 52~, filed by First Financial Corp. of the West and John C. Ad~uns creating four parcels on the east side of Broadway between Warner and Central, subject to conditions set out in the Planning Director's report dated August 7, 1967, and waived alley requirement. BOND RELEASE Acting upon the Public Works TRACT 3902 Director's report of satisfactory ccmpletion of improvements in Tract 3902, Santa Clara Ave. and Mantle St., the City Council, on motion of Councilman Markel, seconded by Councilman Thurman and carried, authorized release of bonds. BOND RELEASE Acting upon the Public Works TRACT 5580 Director's report of satisfactory ccmpletion of improvements in Tract 5580, Hemlock Way and Pacific Ave., Council, on motion of Councilman ~arkel, seconded by Councilman Thurman and carried, authoirzed release of bonds. PRIVATE PATROL The application of Pinkerton's, Inc. for establishment of sub-office in Santa Aha for supervision of operations in the Orange County area was approved, on motion of Councilman Markel, seconded by Councilman Carlson and carried. SURPLUS PROPERTY REPORT 61-65 Council considered S.P.R. 61-65 held over from the afternoon meeting. The City Attorney reported that the restrictions Council had inquired about could be imposed in the sale. On motion of Councilman Thurman, seconded by Councilman Brooks and carried~ Council authorized written listing agreement with Warren Proctor at 5% con~ission, set minimum bid at $4,100.00 and set auction date September 18, 1967, at 7:30 P.M., with the stipulation that sale be subject to conditions set out in Parcel Map 447. AMEND. APP. 609 Hearing was opened on an application BENEFICIAL PROPERTIES, INC. filed by Beneficial Properties, Inc. proposing amendment of Sectional District Map 16-5-10 to reclassify property on the northeast corner of New- hope and Edinger fr~m the R i District to the C 5 District. The Clerk reported notice of the hearing published with affidavit on file and no communications received. The Planning Commission recommended denial. CITY COUNCIL 272 August 21, 1967 Bill Eane~ aud Mr. weeks, representing Beneficial Properties, Zuc., explained that a' variance ha~ been granted in Auto, st, 1966, for use as a service station; however, his client now would like to cc~eider use other than a service sta- tion and Wanted commercial zontng. Mr. Ea~es said that they would be willing to offer street dedicaticm for both Newhope and Edinger, and any palm trees not used to beautify property. There being no further testimony, the hearing was closed. The Planning Director reported on the Planning C~lsslon findings. On motion of CounctlmA~ Griset, seconded by Coumeilm~ Rrooks and carried, the reclassification was denied. Mayor McNichael arrived at the meeting at 8:00 P.M. OP~L CO~CATION~ Ed~ Clark, representing the Freedom Newspapers, questioned the Council regarding the executive session held at the August 7th meeting. The Mayor ~ Attormey explained that the exec- utive session was held to discuss a personnel matter and no action was taken in the executive session. SCHOOL BOARD ~ ~ The Clerk of the Council reported that the School Board had appointed Mr. Ro~olfo MonteJano as a member of the Board of E~ucation to fill the unexpired term of Mr. Wilber Eartman, and that the oath would he administered at the next Board meeting. AD~OUP~£ There being no further business to come beforethe City Council, the meetiugwas adjourned at 8:10P.M., on motion of Co~uuc~ma~ Thurma~, seconded by Ceuncilm~ Herrin and carried. Doris M. ' Brown Clerk of the Council CITY COUNC]~ 273 August 21, 1967