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HomeMy WebLinkAbout08-19-1968MINUTES OF T~E REGUI~R MEETING OF TEE CITT COUNCt% OF TEE CITY OF SANTA AMA, CALIFOPJ~IA August 19, 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 Brooks, James E. Carlson, J. Ogden Markel, a~ Mayor Tom McMichael. Councilmen Lorin Griset and Thomas W. Thurman were absent. Councilman Griset arrived later. Also present were City ~naEer Carl J. Thornton, City Attorney William L. Mock, Director of Public Works Romald Wolford, Senior Planner Steve Lafer, and Clerk of the Council Doris M. Brown. On motion of Councilman Brooks, seconded by Councilman Herrin and carried, the Minutes of the Regular Meeting of August 5, 1968, were approved with a correction on Page 504 under Varl~e and Conditional Use Permit, VA ~8-6~, Hiller, Changing the action from Approved to Denied. Councilman Griset arrived at the meeting. EXECUTIVE SESSION At 2:02 P.M., the City Council adJomrned to executive session for apprc~mtely fifteen minutes. The Council reconvened P.M. with the same Councilmen present. B~D C,~T:r~l On motion of Councilman Brooks, seconded by Councllm-~ Markel and carried, Council approved plans and specifications and authoriZe~ a~vertising for bids for the follow'nE: Project 1311, Damolition and Removal of Buildings in West Downtown Diagomal, Fourth to Sixth, Patton to Birch, opening 9/10/68; Project 5003, Traffic Signals at Santa Clara amd Grand, Santa Clara and Tmstin, Smd Warner and Standard, opening 9/10/68; Spec. 68~1, Construction of East Reservo+r and Pumping Station, openin lO/1/68; Fire Alarm Cable, ~ec. 631-116, opening 9/10/68. READING WAIVED The full reading of ordinances and resolutions, the titles of which appeared on the public agenda, was waived on ~otion of Councilman Herrin, seconded by Councilman Brooks and unanimmmal~ carried. COUNCIL 5~ August 19, 1968 ORD. NS-931 - A.A. 628 ORDINANCE NS-931 CHANGING DISTRICT KNICKERBOCKER CLASSIFICATION ON AMENDMEIIT APPLICATION NO. 628 FILRD BY C. B. KNICKERBOCKER AND AMENDING SECTIONAL DISTRICT MAP 7-5-9 (EXHIBIT AA 628 A) (northwest corner of Stafford and Grand) was adopted, on motion of Councilman Griset, seconded by Councilman Herrin. AYES: NOES: ABSENT: Herrin, Brooks, Carlson, Griset, Markel, McMichael None Thurman OI{D. NS-932 ORDINANCE NS-932 AMENDING ARTICLE IX ZONING ORDINANCE AMENDMENT OF THE SAIITA ANA MUNICIPAL CODE BY AMENDING SECTION 9243 OF PART ~, CHAPTER 2 THEREOF TO PROVIDE FOR REAR YARD ROOM ADDITIONS was adopted, on motion of Councilman Carlson, seconded by Councilamn Herrin. AYES: NOES: ABSEFf: Herrin, Brooks, Carlson, Griset, Markel, McMichael None Thurman ORD. NS-933 ORDINANCE NS-933 OF THE CITY OF SANTA TAX RATE ANA, CALIFORNIA, FIXING THE AMOUNT OF MONEY ASCERTAINED TO CARRY ON THE VARIOUS DEPARTMenTS OF T~E CITY, AND TO PAY THE BONDED INDEBTEDNESS FALLING DUE FOR THE CURRENT YEAR 1968-69, FIX~IG THE RATE OF TAXATION FOR SAID CURRENT YEAR, AND DESIGNATING THE NUMBER OF CENTS ON EACH $100.00 FOR THE VARIOUS FUNDS OF SAID CITY HEREBY LEVIED ON THEW HOLE OFT HE TAXABLE PROPERTY IN SAID CITY ($1.14) was adopted, on motion of Councilman Herrin, seconded by Councilman Carlson. AYES: NOES: ABSENT: Herrin, Brooks, Carlson, Griset, McMichael Markel Thurman ORD. NS-934 ORDINANCE NS-93h ADDING CHAPTER ~ TO CATV FRANCHISES ARTICLE VI OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE FOR THE GRANTING OF FRANCHISES FOR CO~4UNITY ANTENNA TELEVISION SYSTEMS AND FOR THE TERMS, CON- DITIONS, AND LIMITATIONS UNDER WHICH ANY SUCH SYSTEM SHALL OPERATE WITHIN THE CITY OF SANTA ANA, CALIFORNIA was passed to second reading, on motion of Councilman Brooks, seconded by Councilman Carlson. AYES: NOES: ABSENT: Herren, Brooks, Carlson, Griset, McMichael Markel Thurman ORD, NS-935 - A~.A. 629 ORDINANCE NS-935 PREZONING AND ESTABLISHING PLANNING CO~94ISSION DISTRICT CLASSIFICATION,~NAMENDMENT APPLI- CATION 629 INITIATED BY THE PLANNING COMMISSION AND AMENDING SECTIONAL DISTRICT MAp IR$-9 (EXHIBIT AA 629 B) (east side of Newport Freeway between Deere and Alton) was passed to second reading, on motion of Council- man Griset, seconded by Councilman Herrin. AYES: NOES: ABSENT: Nerrin, Brooks, Carlson, Griset, Markel, McMichael None Thurman CITY COUNCIL 509 August 19, 1968 RES. 68-108 RESOLUTION 68-108 DECLARING THE ANNEXATION ANNEXATION OF TERRITORY DESIGNATED "ALTON AND NEWPORT EAST ANN~" TO THE CITY OF SANTA ANA was adopted, on motion of Councilman Brooks, seconded by Councilman Carlson. AYES: NOES: ABSENT: Nerrin, Brooks, Carlson, Griset, Markel, McMichael None Thurman RES. 68-124 RESOLUTION 68-124 GRANTING APPROVAL FOR RECORDS DESTRUCTION THE DESTRUCTION OF CERTAIN CITY RECORDS was adopted, on motion of Councilman Griset, seconded by Councilman Herrin. AYES: NOES: ABSENT: Herrin, Bro0ks~CarlSon, Griset, Markel, McMichZel . None i ~ ~ Thurman RES. 68-125 RESOLUTION 68-125 ACCEPTING~DEEDS FOR DEEDS - NO CASH WHICH THE CITY IS PAYING NO CASH CONSIDERATION (Sparkletts, Bonney, Leeper, Covington Brothers, Segerstrom, Whitaker & Martin) was adopted~ on motion of CoUncdlman Herrin, seconded by Councilman Grise~. AYES: Herrin, BrOoks, Carlson, Griset, Markel~McMichaet NOES: NOne ABSENT: Thurman RES. 68-126 RESOLUTION 68-126 AUTHORIZING EXECUTION QUITCLAIM DEED OF A QUITCLAIM DEED TO OWNERS OF RECORD was adopted~ on motion of CO'~Ucilman;i Griset, seconded by Councilman Herrin. AYES: Herrin~ Brooks, Carlson, Griset, NOES: None ~ ABSENT: Thurman Markel, McMichael RES. 68-1R7 PUBLIC STREETS RESOLUTION 68-127 DECLAEING PORTIONS: · OF SANTA CLARA AVENUE, CAMINO STREET~ PoRTOLA STREET AND: MABURY STREET LYING WITHIN PORTOLA PARK TO BE PUBLIC STREETS was adopted, on motion of Councilman Herrin, seconded by CouncilmanGriset. : AYES: Herrin, Brooks, Carlson, Griset, Markel~ McMich~el ~ NOES: None ABSENT: Thurman LIBRARY SERVICES the Library for fiscal year 1968-69 was authorized) on motion of Councilamn~ Herrin, seconded by CounciLman Markel and carried. Execution of agreement with California Department of Education for~ brdering, cataloging andproc~ssing services for CITY COUNCIL 510 ' August 19, 1968 HIGHWAYS MAINTENANCE Execution of agreement with State Division of Highways for maintenance of state highways was authorized, on motion of Councilman Carlson, seconded by Councilman Brooks and carried. ALCOHOLIC BEVERAGE LICENSE APPLICATIONS The following Alcoholic Beverage License Applications were considered: North Main Liquor, 2221 N. Main, Off Sale General, Premises Transfer; Hamburger House, 1406 E. 1st, On Sale Beer, Person Transfer; Southland Corp., 1220 N. Bristol, Off Sale Beer & Wine~ Person Transfer~ Welton, 3323 W. 1st, Off Sale Beer & Wine~ Person Transfer; Industrial Cafeterias, 1471 E. Warner, New On Sale Beer & Wine~ Wooden Shoe, 122 E. 17th, New On Sale Beer~ E1 Toro~ 220 E. 4th, New On Sale Beer~ Chee Chee~ ll09 N. Harbor, On Sale Beer, Person Transfer~ It was moved by Councilman Herrin, seconded by Councilman Brooks and carried, that protests be filed on Welton~ 3323 W. 1st and on Wooden Shoe, 122 E. 17th~ with the Alcoholic Beverage Control Board and the other applications be ordered filed. TRAFFIC Brooks, Report of control devices removed or installed 7/24/68 through 8/7/68 was ordered filed, on motion of Councilman seconded by Councilman Herrin and carried. VARIANCE AND COND1TIONAL Decisions made by the Planning Commission USE PERMIT or the Zoning Administrator, where no appeal has been filed~ were affirmed, on motion of Councilman Griset, seconded by Councilman Herrin and carried~ for the following: VA 68-69, MOBIL 0IL CORPORATION - construct service station canopy, sign, and light between setback line and street at 1701 N. Broadway in C 1 District - APPROVED; VA 68-71, WILLIAMSON - construct triplex in R 2 District at 924 West Walnut - APPROVED; VA 68-73, HONER - permit offstreet parking lot in R i District at 1920 W. 17th St. - APPROVED; VA 68-72, KAVANAUGH/BEARD - construct four-plex subdivision in R 4 District at 2417 N. Tustin - APPROVED; VA 68-75~ LEEPER - permit 5 additional dwellings on property with 8 existing dwellings in C 2 District at 3638 W. 5th St. - APPROVED; CUP 68-11, CALVAET CHAPEL OF COSTA MESA - convert existing school building and construct new building for church in R i District at 3730 S. Greenville St. - APPROVED$ CUP 68-12, ROMAN CATHOLIC ARCHBISHOP OF LOS ANGELES - construct office and library addition to parochial school in R I and H 2 Districts at 1622 W. 7th St. - APPROVED. FINANCIAL REPORT The City .of Santa Ana Financial Report for fiscal year 1967~68~ submitted by the Director of Finance and City Manager was ordered filed~ on motion of Councilman Griset, seconded by Councilman Herrin smd carried. CITY COUNCIL 511 August 19~ 1968 PARCEL MAP 567 Parcel Map 567, filed by California Federal Savings and Loan Association, creating two parcels on the north side of Bolsa and the west side of Newhope, was approved subject to conditions in Planning Director's report dated August 9~ 1968, and alley requirement was waived, on motion of Councilman Herrin, seconded by Councilman Gris~t and carried. PARCEL NAP 568 Parcel Map 568, filed by Kavanaugh & Beard, creating 3 parcels on the east side of Tustin north of Santa Clara~ was approved subject to conditions in Planning Director's report dated August 12, 1968~ and alley requirement was waived~ on motion of Councilman Brooks, seconded by Councilman Herrin and carried. REVISED TENTATIVE TRACT 6697 Revised Tentative Tract Map 6697~ filed by Santiago Developmen~ Company, creating 120 lots on the north side of Sunflower between Main and Flower Streets, was approved subject to conditions in Planning Director's report dated August l~ 1968~ and alley requirement was waived, on motion of Councilman Herrin, seconded by Councilman Griset~ on roll call vote: AYES: NOES: ABSEI?T: Herrin, Brooks, Carlson, Griset, McMichael Markel Thurman LIMITED PARKING REQUEST Council considered the report on the request for limited parking on English Street at 17th. Following the recommendations of the staff, the request was denied, on motion of Councilman Herrin, seconded by Councilman Brooks and carried. FEDERAL BUILDING Council considered a report from the Civic Center Co~nission regarding the parking needs of the proposed new Federal building and the letter from General Services Administration urging the City to procure additional property outside the Civic Center to provide such parking. The City Manager explained that the block between Third and Fourth Streets and between Parton and Garnsey would provide the approximate 60,000 additional square feet that would be required by the Federal government and that if it were purchased by the City~ it could be usedin the proposed exchange of property between the Federal governmeht and the City. It was moved by Councilman Griset, seconded by Councilman Brooks, that the Council authorize purchase of the land for Federal use in line with the plans discussed. The motion was adopted on roll call vote: AYES: NOES: A BSEA]T: Herrin, Brooks, Carlson, Griset~ McMichael Markel Thurman CITY COUNCIL 512 August 19~ 1968 RES. 68-129 - CIVIC CENTER DEED RESOLUTION 68-129 AUTHORIZING EXECUTION OF REAL PROPERTY CONTRACT AND ACCEPTING A GRANT DEED FROM THE FIRST ASSEMBLY OF GOD CHURCH FOR THE ACQUISITION OF PARCEL NO. 213 FOR CIVIC CENTER PROJECT NO. G. A. 401 was adopted, on motion of Councilman Griset, seconded by CounciLman Brooks. AYES: NOES: ABSENT: Herrin~ Brooks~ Carlson~ Griset~ Markel~ McMichael None Thurman BOLSA LITTLE LEAGUE Mayor' McMichael announced that the Bolsa Little League team of Santa Aha had won the Western Regional Championship at Portland~ Oregon~ and was now in Williamsport~ Pennsylvani% to play in the World Championship Little League Tournament~ and he thought some recognition should be given to this group. It was moved by CounciLman Griset, seconded by CounciLman Herrin and carried, that the Council send a telegram of c'ongratulations to the team prior to the first game in Williamsport; that appropriate publicity be given the matter; and that the Council participate in a welcome home ceremony upon the team's return; and that a special resolution of commendation be prepared for presentation to the team. BOYS CLUB The Mayor also announced another sporting event coming up which would bring recognition to the City~ stating that Welter Weight Champion Paul Rojas and Lightweight Contender Mando Ramos are in training at the Boys Club in Santa Aha in preparation for fights at the Coliseum in Los Angeles on September 14th. RECESS At 3:45 P.M., the meeting was recessed to 7:30 P.M., at which time it was reconvened with the same CounciLmen present. Following the Pledge of Allegiance to~e Flag~ the Invocation was delivered by the Reverend Gerald Bash of the First Christian Church. APPEALS 212 AND 213 - BLINN AND Hearing was opened on Appeal No. 212 OCCIDENTAL SAVINGS & LOAN ASSN. filed by Cecil S. Blinn and Appeal NCo 213 filed by Occidental Savings & Loan Associa- tion, appealing Zoning Administrator's approval of VA 68-70 to Joseph Solomon to construct building in a non-conforming automobi~wrecking yard on property in the A 1 District at 4526 W. 5th Street. Arthur J. Bilava, representing Cecil S. Blinn~ one of the appellants, stated the variance should be denied because it is not sound zoning, it is not in accord with the Zoning Ordinance covering variances, and the applicant is attempting to deprive other owners in the area of the right that the zoning remain the way it was. Melvin Cohen~ attorney representing Occidental Savings & Loan Association, the other appellant~ presented petitions opposing the variance signed by home owners ~ithin 300 feet and a letter from Cecil S. Blinn. On motion of CounciLman Nerrin~ seconded by CounciLman Markel and carried~ the CITY COUNCIL 513 August 19, 1968 material was ordered filed. Mro Cohen stated that one of the reasons the variance was granted was that Council had granted o~e in 1959, but it is an entirely different outlook today, a number of people are protesting; granting of the expanded use would be detrimental to the surrounding properties; also that the policy has not been to grant this particular use in other than M 2 zoning. Stanley Gould, attorney representing the applicant, Mr. Solomon, spoke, stating that when the area was annexed to the City in 1959 all the businesses were informed that they could continue the use if the property were annexed even though they were non-conforming uses. Mr~ Gould displayed sketches~ and stated the concrete block building would be 150 feet long and there would be a 12 foot wall around the property so it couldn't be seen from 5th Street. He stated that the building would be an asset to t he existing businesses in the area. Mr. Gould also requested that the owner be reimbursed for the street improvements after they are completed. There being no further testimony, the hearing was closed. The Clerk reported that a letter had been received from Cecil Blinn by Senior Planner Steve Lafer. Mr. Lafer stated that the main point of Mr. Blinn's letter was that the wrecking yard is not a non-conforming use since it was not a wrecking yard when the property was annexed to the City. Senior Planner Steve Lafer explained that when the property was annexed to the City there were several salvaged vehicles on the property; that in 1959 a variance was granted which was not put into use and became void; since then the operation has expanded from a few vehicles to hundreds of vehicles; it is a situation that started with a legal non-conforming use but has now expanded to such an extent that it may not now be. The City Attorney stated that in 1967 the City filed a complaint against Mr. Solomon that he had enlarged upon a non-conforming use~ and the Court held that the City's position could not be sustained principally because nothing had been done for so long a period of time. After considerable discussion~ it was moved by Councilman Brooks, seconded by Councilman Markel, to overrule the action of the Zoning Administrator and instruct the City Attorney to prepare a resolution denying Variance 68-70. The motion failed on the following roll call vote: AYES: NOES: ABSEi~: Brooks, Markel, McMichael Herrin~ Carlson~ Griset Thurman RECESS present. At 8:35 P.M. a five-minute recess was declared. The Council reconvened at 8:45 P.M. with the same Council members APPEALS(continued) It was moved by Councilman Herrin~ seconded by Councilman Griset, to uphold the action of the Zoning Administrator and instruct the City Attorney to prepare a resolution granting Variance 68-70 subject to the conditions in Finding of CITY COUNCIL , 514 August 19, Fact dated July 22, 1968. The motion failed on the following roll call vote: AYES: NOES: ABSENT: Herrin, Carlson, Griset Brooks~ Markel, McMichael Thurman On motion of Councilman Griset~ seconded by CounciLman Brooks and carried, the matter was referred back to the Planning Commission for their review. Councilman Herrin voted "No". TAXICAB APPLICATION The City Manager reviewed the Council action previously taken on the application by U~T.O.~ Inc. for Certificate of Public Convenience and Necessity to operate ten taxicabs in the City~ which had been taken off the calendar on July 15 until a mutually agreeable date for U.T.O.~ Inc. and Yellow Cab Company, and on August 5 had been continued to tonight's meeting; and explained that Mr. Wenke, attorney for Yellow Cab Company, had called to remind him that he would be out of the City during August, so would be unable to appear at tonight's meeting. Mr. Politisky, attorney for U.T.0., Inc., stated that his client would not be able to get advertising in the yellow pages if the matter were not heard at tonight's meeting. It was moved by CounciLman Carlson~ seconded by CounciLman Markel~ to grant the application of U.T.O.~ Inc. The motion failed on the following roll call vote: AYES: NOES: ABSENT: Herrin, Carlson~ Markel Brooks~ Griset, McMichael Thurman The City Manager explained that the amount of money available to. operate for U.T.0., Inc. was a minimal amount; he also stated that any information having to do with the licensing of specific drivers was not a part of the application for Certificate of Public Convenience and Necessity, that certain standards have to be met for licensing of individual taxi drivers. Mr. Thornton also stated that there was a definite problem as to how many taxicabs can be effectively and economically operated within the City. On motion of Councilman Carlson, seconded by Councilman Griset, the matter was continued to the next regular Council meeting when a full Council is present and an effort made to have the attorney representing Yellow Cab Company present. On roll call vote: AYES: NOES: ABSENT: Herrin, Brooks, Carlson~ Griset~ Markel, McMichael None Thurman SCHOOL CROSSING GUARDS On motion of CounciLman Brooks, seconded by CounciLman Carlson and carried, the recommendations of the Citizen-Government Committee on Traffic Safety in their report dated August 14~ 1968, were adopted, recommending removal of the adult crossing guards from the intersections of Main and Cubbon~ and Main and St. Gertrude to become effective immediately following Christmas vacatdon this year; and retain the adult crossing guard at 17th and Linwood due to extenuating circumstances. CITY COUNCIL 515 August 19~ 1968 SALARIES Council considered the City Manager's report regarding salary increases. The City Manager su~narized for Council the data leading to the request. Clarence Conklin~ President of the Santa Ana City Employees Assoication and John Unsworth, Vice Chairman of the Wage and Fringe Benefit Committee, spoke briefly, urging Council to give favorable consideration to the request for salary increases. After some discussion by Council, it was moved by Councilman Carlson, seconded by Councilman Brooks~ to adopt RESOL[~ION 68-123 AMENDING SECTIONS 2~ 3, 3.1, 7(b)(3) AND 8 OF RESOLUTION NO. 58-281, which would incorporate the Manager's recommendation. The motion failed adoption on the following roll call vote: AYES: NOES: ABSE~: Brooks~ Carlson, Griset Herrin, Markel, McMichael Thurman On motion of Councilman Carlson, seconded by Councilman Grdset and carried, the matter was continued to the next regular Council meeting. RECESS At 10:15 P.M., a five minute recess was declared. The Council reconvened at 10:20 P.M. with the same Council members present. SOLICITATION APPLICATION On motion of Councilman Herrin, seconded by Councilman Griset and carried, Council approved the solicitation application of Kidney Foundation, Halloween Candy Sales, September i - October 31, 1968. BOND RELEASE Acting on the Public Works Director's report of satisfactory completion of improvements, on motion of Councilman Griset, seconded by Councilman Herrin and carried, bonds were released for Tract 6376, Sycamore Street and Murphy Avenue. STREET REIMBURSEMEIIT On motion of Councilman Herrin~ seconded by Councilman Griset and carried, Council authorized reimbursement to Santa Ana Firemen's Benevolent Association, Inc., $1,219.40, for improvements constructed on the north side of Bolsa Avenue east of Harper, in exchange for dedication of ultimate street right of way. VIOLATIONS Councilman Markel asked that several violations where merchandise was being displayed in front of buildings be checked into, l~articularly that of a used appliance store in the 600 block of South Main. He also referred to commercial uses in industrial zones. Mayor McMichael suggested he refer specific violations to the staff for investigation. ADJOURNMENT Councilman Griset, CITY COUNCIL At 10:25 P.M., there being no further business to come before the City Council, the meeting was adjourned on motion of seconded by Councilman Herrin and carried. Clerk of the Council 516 August 19, 1968