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HomeMy WebLinkAbout04-01-1968~LLaU'.t'.~S OF THE REGULAR MEETING OF TEE CITY COUN=IL OF TEE CIT~ OF ~A~TA' AMA, CALIFORNIA April 1, 1968 The meeting was called to order at 2:00 P.M. in the Council Chambers, 217 North Main Street with the following Councilmen present: Wade Herrin, Walter ~rooks, Lorin Griset, J. Ogden Markel, Thomas W. Thurman and Mayor Tom McMlchael. Councilman James E. Carlson was absent, but arrived later. Also present were City Manager Carl j. Thornton, City Attorney William L. Mock, Director of Pmblic Works Ro~atd Wolford, Planming Director Van Stevens, and Clerk of the Council Doris M. Brown. MI~JTE~ 1968, were approved as submitted. On motion of Cou~cilma~ Griset, seconded by Councilman Herrin and carried, the Minutes of the Regalar Meeting of March Councilman Carlson arrived at 2:02 P.M. PROJECT C-153 (I) On motion of Councilmam Griset, seconded by Councilman ~rooks smd carried, the City Council ordered filed report of bids~received for Project C-153 (I), Sprinkler System aU Prentice Park; awarded contract at unit price tothe low bidder, S.C.I., Inc.; and rejected all other bids. BID CAT~ On motion of Councilma~ Brooks, seconded by ~ou~cilman Herrin and carried, Council approved plans and specifications and authorized advertising fmr bids to be opened ~/12/68 for the following: Iastallation of new electrical feed for City Hall and wiring for Computer Room; ~Imstallation of Floor and Air Conditionimg for Computer Room.' WAIVE READING The ~ull reading of ordinances and resolutions, the titles of which appeared on the public agemda, was waived on motion of Cou~cilmam Harrin, seconded by Coumcilma~ Carlson, amd u~a~imously carried. O~D. NS-91~ - A.A. 620 O~DI~ANCE NS-91k FREZOa~G A~D ESTABLISHING ROH~S DIST~ICT CLASSIFICATIONS ON AME~)MENT APPLICATION NO. 620, Fvn~ BY LESTER W. FLORENCE J. RO~S, A~D AMENDING SECTIONAL DISTRICT MAP 31-~-9 (EXHIBiT AA 620 A) (northwest corner of Glassell and Fairhaven) was adopted on motion of Councilman Carlaen, seconded by Co~mcilmam Griset. AYES: NOES: AW~ENT: Herrin, Brooks, Carlson, Griset, Markel, Thurman, McMichael None None April 1, 1968 I I RES. 68-~ - A.B. ~9 O~ RESOLUTION 68-~9 OF THE CITY COUNCIL OF MOTOR VEHICLE CAI~ TAX THE CITY OF SANTA ANA EXPRESSING ITS OPPOSITION TO ASSEMHLY BILL NO o (municipal tax on motor vehicle carriers) was adopted on motion of Councilma- Brooks, seconded by Co=mci/man Griset. AYES: NOES: ABSENT: Berrin, Brooks, Carlson, Griset, Markel~ Thurman, McMichael None None P~S. 68-46 - AB 310, AB 7~1,~ ~ RESOLUFION 68-~6 OF T~E CITY COUNCIL OF ACA 33 - COUNCIL VACANCIES THE CITY OF SANTA ANA EXPRESSING 1TS OPPOSITION TO AB 310, AB 7~1 AND ACA 33 (regarding vacancies on Councils) was adopted on motion of Councilman Brookk, seconded by Councilman Griset. AYES: NOES: ABSENT: Herrin, Brooks, Carlson, Griset, Markel, Thurman, McMichael None None RES. 68-~7 - AB 299 ~~5''1 RESOLUTION 68-47 OF TEE CIT~ COUNCIL OF FIREFI~H'£ERS COTJ.ECTr~E NEGOTIATION THE CITf OF SANTA ANA EXPRESSING .ITS OPPOSITION TO AB 299 (firefighters collective negotiation) was adopted on motion of Councilman Brooks, seconded by Councilman Griset. AYES: NOES: ABSENT: Nerrin, Brooks, Carlson, Griset, Markel, Thurm-n, McMichael None None RES. 68-~8 - SB 21 ~.5~ RESOLUTION 68-48 OF T~CITY COUNCIL OF LIQUOR LICENSEES THE CITY 0F SANTA ANA EXPRESSING ITS OPPOSITION TO SENATE BILL 21 (disciplinary action, liquor licensees) was adopted on motion of Councilman Brooks, seconded by Councilman Griset. AYES: NOES: A BSmNT: Herrin, Brooks, Carlson, Griset, Markel, Thurman, McMichael None None RE~. 68-~9 - AT~.RY VACATION ~ RESOLUTION 68-~9 APPROVING MAP, DECLARING INTmmTION TO VACATE THAT CERTAIN LYING EASTESLY OF WES'rENN AVENUE~ ~IXTH AND S~ STREETS; RESERVING AN EASEMENT T~EIN FOR PACIFIC T~.~HONE COMPANY; AND GIVING NOTICE OF HEARING THEREON (setting hearing for May 6, 1968) was adopted on motion of Councilman Thurman, seconded by Councilman Brooks. AYES: NOES: ABSENT: Herrin, Brooks, Carlson, Griset, Markel, Thurman, McMichael None N~ne April 1, IO~UO~,) YTI9 DEEDS - ][o Cash T~.~ CITY 1~ PAyYNG NO CASH CONS~D~ATIOI~ (~-~er Construction Co., Fire~en' s BeneVOlent Assn.; Santa Fe Lan~ V~provement Co, ) wad a~opted on motion of Councilman ariset, seconds& By Covncil~an Carlson. ~errin, Brooks, Carlson, ariset, Mar~el, Thur~an, NcMlchael Hone lone A~: HOES A~iT ~rrin, Brooks, Carlson, Oriset, Thur~an, McMichael Markel lose adopted on ~otlon of Councilman Herrin, ~econde~ by Council~a~ Gr~set. AYES ~errin, Brooks, Carlson, Grinet, Markel, Thurman, Mcl~ichael lone ~one C~IG~F~ O~ WAY, I~T STREET On motion of Councilman Carlson, secoa~e~ by Councilman Herrin, execution of Certificate of Acquisition of Risht of ~aY far First,freer, Arterial HIShway FLuancing Pro~ect, was authorized. roll call vote~ AYES: HOES AESmI~ lerrin, Brooks, Carlson, Orinet, Thurman, McMichael Markel Hone ~ CO~TER L~ASZI~ The City Mmaager was authorize~ to sign confirmation of conjurer leasin& agree- merit oa motion of Councilman Brooks, seconde~ by Co~ucil~on Herrin an~ carrie~. On~otioa of Councilman Oriset, secon~e~ by Councilman Markel and carried, the follow,ag change or,ers ~re approve~ Ho. 1 to contract with Dateline Pipe Contract~, Inc./ Sewer Project S-~0, Flower, F~inger to Ei&hth, increasing $1,~20.80; lo. 1 to contract with Spence an~ Sullivan, Incorporate~, Project W-~8, Bee~ating ~levate~ Tank, Increasing Om motion of Council _man T~man~ seconded by Councilman Griset and carried, Council approved the following: Agreement with ~:{.m Brinkerhoff and Mr. and Mrs. August E~ Pfirrman regarding encroaching sign at 4406 Wo Bolsa (Sage Brush ~aloon). Agreement with Claude H. Weddle and Coin-O~Matic Equipment, Inc. regarding encroaching sign at 210-16 E. Warner. JOI~T USE AG~'£ C~~ On motion of Councilman Oriset, seconded O by Councilman Markel amd carrled~ Council authorized execution of. Joint Use Agreement between Edison Company and City for relocation of power poles, Project 201, Flower Street from TalBert to Warner. CO~9~UNITY CENTER LEASE ~i~ On motion of Councilman Herrin, seconded by Councilman Brooks and carried, Council authorized execution of the Extension of Lease with Orange County T~Berculosis and Health Association for Community Center space to June 30, 1971. CIGARETTE TAX LEGISLATION ~ %1 COuncil considered the letter from Telpher E. Wright, E1 Monte, Chairman of the Cummittee for ~the Retention of 1967 Cigarette Tax Law. On ~otion of Councilman Brooks~ seconded by Councilma~ Herrin and carried, the Clerk was instructed to write the Co~mittee stating that Santa Ama City Council has already submitted a resolution advocating the retention of the present method of allocating cigarette tax revenues and enclose a copy of Resolution 68-32. It was suggested the Manager contact E1 Monte to learn anticipated cost of c~-lttee membership. STATE LEGISLATION ~%Q Council considered the League of California Cities Legislative Bulletin, dated March 20, 1968, regarding proposed State legislation on (1)~Ciga~etteI TaX Allocation; (2) Brown Act;'(~) Preemption; (~) Motor Vehicle Carriers; (~) UnsUpervise~ Jails. Noting action had already been taken on the first four, it was the decisto~ of the City Council to go on record, as being opposed to legislation regarding unsupervised Jails and the Mayor was instructed to send a letter stating the Council's position. NA~DBALL TOU~MENT ~ *o A letter was presented from University of California~ Irvine, requesting official support in the bid for U. S. Handball Association's National Four-Wall Handball Championships to be held in April, 1969. It was moved By Councilman Markel, seconded By Councilman Thurma~ and carried, to support the request of the University. V~.~CIA AND B~'~ALO 0~%% A letter from David A. Hayes, regarding VACANT LOT condition of a vacant lot at North Valencia and Hast Buffalo, was referred to the staff on motion of Councilman Thurman, seconded by Councilman Herrin and carried. Mr. Hayes offered his services in working with the City to try to get the problem solved. It was noted the City has Been trying to purchase the property but all offers have been reJecte~. CITY COUNCIL ~o9 April 1, 1968 REST SUPPL~qEBT IlOUSIN~ Bob Helfrich presented letter frc~ Robert PROGRAM E. Donal8 :Architect and Associates requesting Council aSopt resolution that w°ul~ per. it an FEA Rent Supplement Housing Progra~ in Santa Ann, hy John Stetting. The request for this project at Daisy an~ Chestnut, consiAting of 8.3 acres, was discussed with Bob Helfrich, John ~retton a~d M~rk Conroy, attorney for I~A. It was noted that the property is presently zoned R ~ an8 is surrounded by I~ zoning; a census ~ap was shown indicatinS income levels and sh~wing a majority of people in nearby areas represent minorities; noting that the area is completely undeveloped and there would beno displacement, ~r. Helfrich outlined the program of rent control of a maximum of 25% of income, with anything in addition paid By the government, for those eligible because of income, age, hanSic&p, displaceS, or presently living in sub- standar~ housing. It was also noted that upon c~apletion of develol~ent, the project would be turned over to a non-profit corporation for sponsorship an8 ~anage~ent, and that altho,,sh no participation as such is required of the City, that a resolution of the City Council iA one of the ~amy steps : tc~ar~ such a project. EECESS present. At 3520 P.Mo a five minute recess was declared. The Council reconvened at 3:2~ P.M. with the sane Councilmen Follow~ a lemgthy discussion of the request,~twas moved By Councilman Carlson, seconds8 by Counci~w~ Brooks, that the resolution presents8 with \~.the Agenda, entitledRESOLUTi0NAPP~0VING PARTICIPATI0~ Ff LOCAL HOUSING %%.~%)OIg~ERS ~TAt~ I~DEP~LI~E~T ~U~T FROGP~Be adopted. It wasP°intedsut out By the Clerk of the Council that within the bo~y of the resoltiom wa being placed a description of the property as being located at Daisy Chestnut, approximately 8.~ acres. The motion was adopted on roll call vote~ AYES: NOES: ASSERT: Brooks; Carlson, Griset, McMichael Herrin, ]4arkel, Thurman None ALCOHOLIC BEV~AGELICENSE On motion of CounciluanThm, APPLICAT~ seconded by Councilman Herrin ~ud carried, the followingAlcohol~ Beverage License Applications were ordered filed: Daisy Mae ~1, ~52~ W. Bolaa, On Sale Beer, Person Transfer; Sam's, 801 E. 1st, On Sale Beer & Wine, Person Transfer. ACCOUNTAHTS' REPORT On motion of Councilman Thurman, seconded by Councilman Markel and carried, the Accountants' Report filed by Diehl, Evans and Company, independent auditors~ for q,,~rter ending December 31, 1967, was ordered filed. ~\~ TRAFFIC .. Report. of control devices removed or installed ~/9/68 - 3/26/68 was ordered filed on motion of Councilman Herrin, 'secon~e~l .by Councilman Thurnan and carried. A quest~ ~ C~Ci~ CarlSon Of whether or not a ~et.°p sign ~11 at 8an~::~[a~ &nd Grand ~s referre~ to the Manager. VARIANCE A~D CONDITIONAL ~O~ lb Decisions made by the Planning Co,remission USE PERMIT or the Ze~ing Administrator, where no appeal has been filed, were affirmed on motion of Councilman Herrin, seconded by C~aucilman Griset and carried, for 'the following: VA 68-11, ADAMS - construct patio addition to residence and garage with less than required side and rear yards in R 1 District at W. Jason Lane - APPROVED; VA 6~/$, C~MY - construct 6 unit apartment on lot with existing single family residence in the R 2 District at 202 S. Newhope - APPROVED; VA 68-13, STRESSKIN PROD~JCTS, INC. - construct 25' high freestanding pole sign in the L M District at 3030 So Redhill - DENIJ~); VA 68-1~, DRABEC£ - construct room addition with less than require~l rear yard in R 1 District at 2405 W. Marry Lane - APPROVED; CUP'68-~, ST. ANNE'S CHURCH - construct addition to a church in the R 3 District at 1411 S. SYcamore - APPROVED. TENTATIVE TRACT MAP 6577 ~ ~ Tentative Tract Map 6577 filed by Pacific Investments creating 69 lets on west side of Glassell south of Fairhaven, was approved subject to ccmditions in the Planning Director's report dated March 27, 1968, and alley requirement waived, on motion of Councilman Griset, seconded by Councilman Carlson and carried. PARCEL MAP 547 O~t ~ Consideration of Parcel Map 5~7 filed TENTATIVE TP~ACT MAP 6588 ~ '~ by William I. Rousey creating 3 parcels on southeast corner of Progresso and Euclid, and TentAtive Tract Map 6588 filed by William I. Rousey creating 86 lots at southeast corner of Progresso and Euclid was continued to the meeting of April 15th at the request of applicant, on motion of Councilman Brooks, seconded by Councilman Herrin and carried. FINAL MAP - TSACT 6540 ~%Q Final Tract Map 6540, filed by Christ&son Development Co. creating 26 lots at ~wner and Santa Clara, was approved dedications thereon accepted, and execution of subdivision agreement authorized, on motion of Councilman Carlson, seconded by Councilman Brooks and carried, with Councilman Markel voting "No". SURPLUS BUILDING ~ On motion of Councilman Brooks, seconded by Councilman Griset and carried, Council ordered filed Report 5-68 regarding apartment building at 61~-616 W. 6th, declared the building surplus, and authorized sale at public auction. Councilman Markel voted "No", BONNER CLAI~ ~q~ Acting on the Manager's recommendation, Council authorized payment of legal fees incurred by Patrick Bonner in ~ .: defense of Dennis case, on motion of Councilman Brooks, seconded By Council- man Griset and carried. SALARIES ~ ~ The Manager's report dated March 27, 1965, rec~m~nding increases for meritorious service was approved, on motion of Council- man Thurman, seconded byO~ancilman Carlson and carried. Ci"Ff COUNCIL ~11 April 1, 196~ ~oO~TSIDE DISPLAYS Speaking for .his client at'lT~h and Main, Dale Reinly, attorney, protested enforcement in certain cases of MuniCipal Code Seotiom ~30.182 regarding the display of merchandise outside buildings and suggested the Council change the provisions to allow for unusual circumstances. Following a discussion of the history of the Co~e provisions, the possibility of a variance procedure, and displays on public right of way and private property, it was moved by Councilman Thurman, seconded hy Councilman Griset and carried, that the matter be referred to the staff. BOWLING C~.~T~a~ LEASE Milford Dahl, attorney, presented, on CIVIC CENTER beh~12 of Mr. Risse, operator of the Santa Aha Bowling Center at ~th and Rose, a request that City enter into negotiation for the purchase by the City of fixturing owned by his client, claiming that acquisition .of the real property from Cal Tach had been detrimental to the business since the proposal was first made puhlic. The City Manager commented that it was not until not more than about two years ago that the City was able to enter into negotiations with Cal Tach for the property; that the acquisition was for everything owned h~ Cal Tach, including a lease with the operator and the arrearages thereto; that in his opinion it would be a questionable use of public fun~s for the Cityto be placed in the position of guarantor. The City Attorney declined to comment, inasmuch as litigation may result an~ suggested he discuss it with Council only in private session. Edd Clark, Register reporter, proteste~ the Brown Act ~oes not provide an exception for attorney-client relationships. The City Attorney was asked by Councilman Brooks to obtain an Attorney General's opinion. Following a suggestion by Mayor McMichael that a three man ccmm~ittee be appointed to work with Mr. Dahl and the City Attorney, inasmuch as the Ceuncil was asked to make a de~cisiom on something it can-jot get facts on without Jeopardizing either the City oF Mr. Dahl's client, it was moved by Councilman Markel, seconded by Councilman Rerrin and carried, that a cc~maittee be appointed and get to work ~mmediately. Councilmen Markel, Thurman and Brooks were thereupon appointed, with Council- man' Brooks as Chairman. The committee reported back to Council at the end of the evening session. HARBOR DIstRICT Councilman Markel reported on the Orange County harbor District. Committee meetings, stating that the rec~,mendation of the committee, .which would be forwarded to the Board of Supervisors :. through the Orange County League of Cities, was that the Harbor District be dissolved and a district he formed to handle parks, recreation, harbors, etc. RECESS At ~:~0 P.M. the meeting was recessed to 7:30 P.M., at which time it was re- convened with all Councilmen present except Councilman Griset who arrived later. Following the Pledge of Allegiance to ~he Flag~ the. Invocati~ was delivered by the Reverend Jack E. Boal, First Christian Church of Tustin. CITY COD]~CIL April 1, 1968 MISS ~ISCUS Mrs. Westc~ Walker and Gates Burrows, representing LoloSoA., introduced Patricia Doering and Ingrid Scott who have been selected to share the title of Miss Hibiscus and reign during the April 'Let's Improve Santa Ana" campaign. Councilman Griset arrived at 7:39 P.M. SENIOR OFFICER Lt. Gross, of the Police Department, introduced Officer William Helm, 10 year member of the Police Department, who has been promoted to the rank of Senior Office. A~umm APP. 621 ~* Hearing was opened on Amendment Application 621 filed by Fo Wo Schildmeyer, proposing amendment of Sectional District Map 6-9-9 to reclassify property on the west side of Grand between Santa Clara and Fairhaven from the A 1 District to the R 1 and C ~ Districts. There being no response to the call for testimony, the hearing was closed. A motion by Councilman Brooks, seconded by Councilman Griset, to approve the application and instruct preparation of an ordinance to reclassify according to Emhibit B, which would reclassify to the C 5, R 1 and R 1 D Districts, wes adopted. the hearing was closed. Hearing was opened on proposed weed abatement set by Resolution 68-31. There being no response to the call for testimony, On motion of Councilman Griset, seconded by Councilman Herrin, RESOI/JTION O~DENING THE STRF~R~ SUPERA~£~E~T TO ABATE CERTAIN ~-~,,~ W~ETOFORE DECLARED TO BE A ~XC NUISANCE BT NA¥ING THE SAME R~q0VED was adopted on roll call vote: AYES NOES AESENT Nerrin~ Brooks, Carlson, Griset, Markel, Thurman, McMichael None None OltD. NS-915 ~ ~\~ It was moved by Councilman Brooks, seconded RETIremEnT CO--CT by C~ci~ Griset, that O~I~NCE NS-915 OF T~ C~ OO~C~ OF ~ C~ OF ~A A~ A~ORIZ~ ~ ~ TO T~ 0~ ~:~" 'r~ C~ CO. OIL A~ T~ ~ OF ~TI~ OF ~ CALI~ STATE ~S~ ~~ ~ST~ (su~itte~ ia acco~ce with Resolution of ~tenti~n, a~optea by Co~cil 3/~) be passe~ to sec~d reading. On roll call vote: AYES: NOES: ABSENT Brooks, Carlson, Griset, Markel, Thurman Nerrin, McMichael None CITY CODN0 IL April 1, 1968 ffJ~ST STI~EET CONDONATION 68-~7, adopted by Council ~/18/68. Council considered the request from S. H, Finley Cmapany to exclude the northerly 15 feet Of Parcel 3, listed in Resolution Warren Finley, attorney representing S. H. Finley Company, owner of the property at the northeast corner of First and Main~ stated that it was the desire of the Finley family to retain the ownership of the land, Build a new restaurant for the present tenant 15 feet in width by variance both for lot size and parking; that this would be less expensive for the City than a full take. Mr. Finley presented Points amd Authorities which was ordered filed, on motion of Councilman Herrin, secOnded by Councilman Brooks and carried. · he City ~$~ager pointed out that the property which would not b~ required by the City was 11.8 feet wide at the end of the radius nearest to ~ain Street, going back to 1~ feet at the rear of the'property; that a partial take would result in higher costs to the City, that parking would be very difficult to provide; and recc~hnended that it was in the ~est interest of the City to proceed as set out in the resolution. The City Attorney confirmed that a two-thirds take with resultant severance would undoubtedly be more expensive and if a question of propriety arose, it should be determined by court. After some disuussion by Council regarding substandard lots~ cost of demolishing a building, and severance damage costs, it was moved by Counci!m-~ Thurman, seconded by Cotmcilman Brooks, to deny the request. On roll call vote: AYES NOES ABSENT Herrin, Brooks, Carlson, Griset, Thurman, McMichael Markel None Councilman Herrin's vote-~as qualified by a statement that he had no alternative but to follow the information given by the City Attorney. SOLICITATION The report from Church of Deliverance re~arding application to solicit for charitable purposes, deferred by Council 3/18/68, was considered. On motion of Councilman Brooks~ seconded by Council- mam Carlson and carried, the application was denied. TRAFFIC SAF~Tf C0~ITTEE 0n motion of Councilman Thurman~ seconded by Councilman Herrin and carried, Juanita Roblmson was appointed a member of the Citizen-Government Advisory Committee fo~ Traffic Safety to fill the vacancy created by ~he resignation of Rober~ Larsen. CO~F~ENCES On motion of Councilman Griset,.seconded by Councilman Carlson and carried, authorization was approved for attendance by appropriateCouncilmen at City expense to the following 1968 conferences: 'MaYors' and Councilmen's Institute, May 19-22, Anaheim; 1968 Conference of Mayors, June 1~-15, Chicago (Palmer House); California LeagUe of Cities, October 1~-16, Los Angeles ~Biltmore); Congress of Cities (National League of Cities), December 7-11, New Orleans (Jung Hotel) TRAVEL 0n motion of Councilman Herrin,'seconded by Councilman Carlson and carried, Mayor McMichael was authorized to attend a meeting in San Francisco on April ~ at the GSA office in regard to Federal building in Santa Aha; and to attend a meeting on April 2nd in the Governor's office in Sacramento regarding matters of combined State and local interest. CIT~. COUNCIL April l; 1968 Comncilman Thurman reported that the special ~cil c----ittee appointed at the afternoom meeting to make a rec~en4ation -- Center property found that the City Attorney's position is proceed along lines he has been pursuing previously. 0~% ~O~ICATIOB Councilman Herrin anuounced that the Orate County Y.M.C.A. was holding a breakfast at the A~ahei~ Convention Center on !~i~y~ April l~ch~ and urged other Councilmen to attend. In response to Councilman Markel's question regarding corrective action at 1~0~ W. First Street; the City ~ager explained that it will be hear~ by the Planning C,'-.~sion on April 8th as a public hearing on First Street Setbacks. Councilman Carlson reported that the Board of Supervisors had ~iled:~o2ice of intent to participate in the Ccamunity Action Council~ and that ¢ouncil~n Oriset amd he ha~ met with Bob Thc~as~ County A~-~uistr&ti~e Officer, amd that they would keep the Council i~formed of any action pertaining to this. ADJO~RIRE~T There bei~ no further business to c~ae before the City Cotmcil, the meet~-~ was adjourned at 8~ P.M., on motion of Councilman Carlson, seconded ~y Councilman Herren amd carried. Doris R. Broke Clerk of the Council April 1, 1968