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Home My WebLink About10-07-1968MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA October 7, 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, Lorin Griset, J. Ogden Markel, Thomas W.. Thurman and Mayor Tom McMichael. Also present were Ct% ~,~ar~ager Carl J. Thornton, City Attorney William L. Mock, Director of Public Works Ronald Wolford, Director of Planning Van Stevens, and Clerk of the Council Doris M. Brown. MINUTE S On motion of Councilman Brooks, seconded by Councilman Herrin and carried, the 1968, were approved as submitted. Minutes of the Regular Meeting of September 16, PROJECT 7001 On motion of Councilman Brooks, seconded by Councilman Herrin and carried, all bids received for Project 7001 - Construction of a Drafting Tank and Apparatus Pad in Connection with Fire Training Center and Engine Company 9 - were rejected; bid bonds ordered returned to bidders; and the staff was authorized to re-advertise for bids, with opening date of October 29, 1968. SPEC. 68-1 On motion of Councilman Herrin, seconded by Councilman Markel and carried, Council ordered filed report of bids received for Spec. 68-1, Construction of East Reservoir and Pumping Station; awarded contract at unit prices to the low bidder, Pylon, Inc.; and :,ejected ali other bids. SPEC 251-103 On motion of Councilman Brooks, seconded by Councilman Markel, Couv:cil awarded contract for Spec. 251-103, Annual Periodical Requirement for Library, to the Mayfair Subscription Agency, the only bidder. VIDEO TAPE RECORDING On motion of Councilman Brooks, seconded SYSTEM ,~y Councilman ~Ie~'rin and carried, Council ordered filed report of bids received for Video Tape Recording System; awarded contract to l~eeves Electronics, Inc..; and rejected all other bids. CITY COUNCIL 2O October 7, 1968 BUDGET TRANSFER On motion of Councilman Brooks, seconded by Councilman Herrin and carried, it was authorized that funds be transferred from City Council Contingency Reserve Fundin the amount of 816, 620.91 to the foll°~ing accounts: Account 332 (Police Patrol & Investigation) $4, 694.53; Account 324 (Fire Alarm & Communication Operation) $5, 757.65; and Account 141 (Personnel) $6, 168.73. BID CALLS On motion of Councilman Herrin, seconded by Councilman Carlson and carried, the City Council approved plans and speicifications and authorized advertising for bids for the following: Electronic Programmable Printing Calculator for Public Works, opening 10/21. High Pressure Hydraulic Sewer Cleaner. Spec. 641-143, opening 11/13. 3 HaLf-ton Stepside Pick-up Trucks, Spec. 641-136, opening 11/12. 2 Two-ton Trucks, Standard Cab & Chassis only, Spec. 641-137, openingll/12. Two-ton Truck, 1/2 Cab & Chassis only, Spec. 641-138, opening 11/12. 1 1/2 Ton Truck, Cab & Chassis only, Spec. 641-139. opening 11/12. Two-ton Truck, 1/2 Cab & Chassis only, Spec. 641-t42, opening 11/12. READ/NG WAIVED The full reading of ordinances and resolutions, the titles of which appeared on the public agenda, was waived, on motion of Councilman Herrin, seconded by Councilman Griset and unanimously carried. ORD. NS-937 ORDINANCE NS-937 AMENDING SECTION SPEED LIMITS 3280 OF PART 8, CHAPTER 2, ARTICLE III OF TIlE SANTA ANA MUNICIPAL CODE TO REVISE TH~ SPEED LIMITS FOR CERTAIN STREETS WITHIN THE CITY (Chestnut, Fairview, Flower, Glassell, Raitt, Santa Clara)was adopted, on motion of Councilman Carlson, seconded by Councilman Griset. AYES: NOES: ABSENT: Herrin, Brooks, Carlson, Griset, Markel, None None Thurman, McMichael ORI~ NS-938 - A.A. 630 ORDINANCE NS-938 CIIANGING DISTRICT BENNETT CLASSIFICATION ON AMENDMENT APPLI- CATION NO. 630 FILED BY HARVEY F. BENNETT AND AMENDING SECTIONAL DISTRICT MAP 9-5-9 (EXHIBIT AA 630 A) (East side of Tustin between 4th and l?th) was adopted, on motion of Councilman Carlson, seconded by Councilman Griset. AYES: NOES: ABSENT: Herrin, Brooks, Carlson, Griset, Markel, Thurman, McMichael None None CITY COUNCII~ 21 October 7. 1968 ORD. NS-940 ORDINANCE NS-940 ADDING SECTION REGULATING TAXI OPERATION 6389 TO PART 8, CHAPTER 3, ARTICLE VI OF THE SANTA ANA MUNICIPAL CODE REGULATING DRIVERS AND VEHICLES LICENSED ELSEWHERE was adopted, on m~tion of Councilman Brooks, seconded by Councilman Carlson, on the followtn~ ro11. call vote: AYES: NOES: ABSENT: Brooks, Carlson, Griset, Thmrman, McMichael Herrin, Markel None RES. 68-142 RESOLUTION 68-142 ESTABLISHI~,G A REFUSE COLLECTION RATES REVISED SCHEDULE OF RATES REFUSE COLLECTION 'was adopted on motion of Councilman Thurman, seconded by Councilman Brooks, on the following roll call vote: AYES: Herrin, Brooks, Carls6n,-(~riSet, Thud-man, McMichael NOES: Mapkel ABSENT: None RES. 68~144 VA ~,68-82 -' FREESE :_ ; 2 LED ' "~ ~,'~, J. FREESE SUI~ '~,TO APPLICABLE CONDITIONS. es, 8 ,.- . ..... (5~ '~. Fifth 'S{~ ) was. adopted, on mo~on~ of.Councilman Griset, secoflded by CO~ci~an Herrin A~S::' Herrin, Brooks, ~'rl~n, ~iset, Markel, Thurman, McMichael NOES: None ABSENT: ~ne ~-RESOLUTION 68-144 OVERRULING THE .DE~ISION OF THE ZONING ADMINISTRATOR AND G. _I~NTING A VARIANCE ON APPLICATION Counc/lrnan Griset left the Coiti~cil'Chambers before consideration of the:next item. RES. 68-145 - VA 68'7,'/ RE~0LUTION 68-145 OVERRULING TIIE GRISET DE~SION OF THE PLANNING-COMMISSION ~, AND ~RANTING APPEAL 215 ON VARIANCE APPLICATION 68-77 FILED I~¥ L0~IN GRISET SUBJECT'TO APPLICABLE CONDITIONS (620 E. Sixth Si. ) was adopted, on motion of Councilman Brooks, seconded by Councilman He~rin AYES: Herrin, Br, o~ks, Carlson, Markel, Thurman, McMich~el NOES: None ABSENT: Griset Councilman G riset returned %0 the Council, table. CITY COUNCIL 22 October ?, 1968 PROGRAMMER CLASSIFICATION On motion of Councilman Carlson, seconded by Councilman Brooks and carried, Council approved class specification for the position of "Programmer" and authorized the allocation of one "Programmer" position to budget account 11-171. RES. 68-146 RESOLUTION 68-146 AMENDING SECTION 3 ADDING PROGRAMMER OF RESOLUTION NO. 58-281 TO ADD CLASS TITLE OF PROGRAMMER was adopted, on motion of Councilman Carlson, seconded by Councilman Brooks. AYES: NOES: ABSENT: Herrin, Brooks, Carlson, Griset, Markel, None None Thurman, McMichael RES. 68-147 RESOLUTION 68-147 ELIMINATING A PARKING ZONE 24-MINUTE PARKING SPACE IN CENTRAL TRAFFIC DISTRICT "B" was adopted on motion of Councilman Herrin, seconded by Councilman Brooks. AYES: Herrin, NOE S: None ABSENT:' None Brooks, Carlson, Griset, Markel, Thurman, McMichael RES. 68-148 RESOLUTION 68-148 OF THE CITY OF WATER SUIT LITIGATION SANTA ANA APPROVING THE PROPOSED SETTLEMENT OF THE ORANGE COUNTY WATER DISTRICT VS. CITY OF CHINO WATER RIGHTS LITIGATION AND AUTHORIZING THE EXECUTION OF A STIPULATION RELATING TO THE DISMISSAL OF CROSS-DEFENDANTS was adopted on motion of Councilman Brooks, seconded by CounciLman Herrin. AYES: NOE S: ABSENT: Herrin, Brooks, Carlson, None None Griset, Markel, Thurman, McMichael RES. 68-149 RESOLUTION 68-149 ACCEPTING DEEDS DEEDS - FIRST STREET FOR THE WIDENING OF FIRST STREET FOR WHICH THE CITY IS PAYING A CASH CONSIDERATION (Schroeder, Ladas) was adopted on motion of Councilman Brooks, seconded by Councilman Herrin. AYES: Herrin, NOES: Markel ABSENT: None Brooks, Carlson, Griset, Thurman, McMichael CITY COUN~ IL 23 October 7, 1968 RES. 68-150 RESOLUTION 68-150 ACCEPTING DEEDS DEEDS WITH CASH FOR CIVIC~ CENTER PURPOSES FOR WHICH THE CITY IS PAYING A CASH CONSIDERATION (McKenna Fox) was adopted, on motion of Councilman Brooks, seconded by Councilman He rrin. AYES: NOES: A B SE N T: Ilerrin, Brooks, Carlson, Griset, Thurman, McMichael Markel None RES. 68-151 RESOLUTION68-151 ACCEPTING DEEDS DEEDS - NO CASH FOR WHICH THE CITY IS PAYING NO CASH CONSIDERATION (Union Oil, Power, Interstate Bakeries. Tustin Co., Rodeffer (3), Bonanza International, Southern Pacific Co., Marshall et al. , Franzen, et al, Steele) was adopted on motion of Councilman Herrin. seconded by Councilman Griset. AYES: NOE S: ABSENT: Herrin, Brooks. Carlson, Griset, None None Markel, Thurman,::McMichael RES. 68-152 RESOLUTION 68-152 AUTHORIZING QUITCLAIM DEEDS EXECUTION OF QUITCLAIM DEEDS TO OWNERS OF RECORD WITH NO CASH CONSIDERATION was adopted, on motion of Councilman Herrin, seconded by Councilman Griset. AYES: NOES: ABSENT: Herrin, Brooks, Carlson, Griset, None None Markel. Thurman, McMichael RES. 68-153 R~SOLUTION 68-153 ACCEPTING AN STREET DEDICATION OF~'~R OF STREET DEDICATION FROM INTERSTATE BAKERIES CORPORATION ON THE WEST SIDE OF MAIN STREET, NORTH OF ROE DRIVE, WITH NO CASH CONSIDERATION was adopted, on motion of Councilman Herrin, seconded by Councilman Griset. AYES: Herrin, NOES: N one ABSENT: None RES. 68-154 INDENTURE Brooks, Carlson, Griset, Markel, Thurman, McMichael RESOLUTION 68-1.54 A, UTHORIZING EXECUTION OF AN INDENTURE BETWEEN THE SOUTHERN PACIFIC COMPANY AND THE CITY OF SANTA ANA was adopted, and full reading waived, on motion of Councilman Griset, seconded by Councilman Thurman. AYES: Herrin, NOES: N~ne ABSENT: None Brooks, Carlson,' Griset, Markel, Thurman, McMichael CITY COUNCIL 24 October 7, 1968 LUCKY STORES, INC. An agreement to terminate the agreement to remove parking with Lucky Stores~ Inc,~ Store No. 431 at 631 S. Main Street, was referred to staff for study and recommendation, on motion of Councilman Thurman. seconded by Councilman Griset and carried. ENCROACHMENTS Encroachment agreement with Harry E. Lemke and Bart K. Baker regarding encroaching sign at 1500 N. Harbor Blvd. was approved, on motion of Councilman Brooks, seconded by Councilman Herrin and carried. Enc.roachmem agreement with Terence H. S. Collins, Grace M. Collins, Walter Forsberg, Ramona O. Forsberg and F. J. Parke regarding encroaching sign at 2404 V~'. 17th Street was approved, on motion of Councilman Brooks, seconded by 'Councilman Herrin and carried. - CHANGE ORDERS On motion of Councilman Griset, seconded by Councilman [terrin and carried, the following change orders were approved; No. 1 toAgreemerI with l~omar Corporation, ProJect 4001 (D-74), K-3 Storm Drain in Sunflower, xncrease $1.587.00. No. 2 to Agreement with Paul Gardner Corporation, ProJect 5002. (T-14), signals and lighting systems and modificatmn to signal equipment, increase $2 .4~8~ ,. 38. No. I to Agreement with Vido Samarzich. Bristol Street Trunk Sewer, increaseS100.00. ARCHITECTURAL SERVICES on motion of Councilman Brooks, following roi1 call vote: Execution of agreement with Morris and Lohrbach foi' design of Community Center building for Jerome Park was authorized, seconded by Councilman Thurman, on the AYES: NOES: ABSENT: Brooks. Carlson. Griset, tlerrin None Markel, Thurman, McMichael AIRPORT The City of Newport Beach Resolution requesting Board o£ Supervisors to appoint an Airport Land Use Commission was ordered filed, on motion(/' Councilman Brooks seconded by Councilman Thurman and carried. CITY COUNCIL 25 October 7, 1968 ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Applications were ordered filed: On motion of Councilman Thut-man, seconded by Councilman Brooks and carried, the following Alcoholic .Beverage License 7-1 1, 2128 N. Tustin, Off Sale Beer & Wine, Person Transfer; Stop 'N Go, 210 E. Warner, Off Sale Beer & Wine, Person Transfer; The Hut, 315 W. lTtl% On Sale Beer, Person Transfer; Woods, 1314 N, Grand, On Sale General, Person Transfer; Watashi Inn, 1820 W. 1st, On Sale Beer & Wine, Person Transfer; T & G Market, 407 E. Central, On Sale Beer & Wine, Person Transfer. VARIANCE AND CONDITIONAL Decisions made by the Planning Commission USE PERMIT or Zoning Administrator, where no appeal has been filed, were affirmed, on motion of Councilman Brooks, seconded by Councilman Herrin and carried, for the following: VA 68-86 LEBOVITS - construct convalescent hospital in R 1 District at 1929 N. Fairview - APPROVED; VA 68-87, HERCO PROPERTIES, INC. - construct 4 dwellings on lot m the R 2 District at 2075 S, Sycamore - DENIED; VA 68-89 POV~E R - construct storage building on [or with existing non- conforming use in C 2 District at 2202 S. Main - APPROVED; VA 68-95, LEHMAN - permit apartment development with less than required land area per dwelling unit in R 3 District at 1418 N. French APPROVED; VA 68 ~98, SINCLAIR INVESTMENT CO. - permit an offstreet parking lot in R 3 District at 1715 N Spurgeon - APPROVED; VA 68.-100, SANTIAGO DEVELOPMENT CO. - construct a 282 unit apartment complex in C 4 District at 3400 S. Main - APPROVED; VA 68-101, SONKEN - construct a 266 unit apartment complex in R 1 DiStrict at 601 N. Tustin - APPROVED; CUP 68-14, SANTA ANA FOURSQUARE CHURCH - construct church and related facilities in R 1 District at 651 W. Sunflower - APPROVED; CUP 68.-15, JOHNSON - permit home for the aged on lot in R 3 District at 324 E. Walnut - APPROVED, It was moved by Councilman Brooks, seconded by Councilman t{errin, to affirm VA 68-90, PERSONAL SERVICE CAR RENTAL, INC. - permit automobile renting and leasing business on property with existing service station m R 2 District at 938 N. Grand - APPROVED. The motion was adopted on roll call vote: AYES: Herrin, NOES: Markel ABSENT: None Brooks, Carlson, Griset, Thurman, McMichael It was moved by Councilman Thurman, seconded by Councilman Brooks, to affirm: CITY COUNC[I, 26 October 7~ 1968 VA 68-85, CARMELO - constrUct second dwelling unit on lot in R 1 District at llSS S. Sullivan - APPROVED. The motion was adopted on roll call vote: AYES: NOES: ABSENT: Herrin, Brooks, Carlson, Griset, Markel, Thurman, McMichael None None TENTATIVE TRACT 6744 Filed by Arje Lebovits, creating 11 lots on south side of Edna Drive, east of Fairview Street was approved subject to conditions in Planning Director's report dated September 20, 1968, and alley requirement was waived, on motion of Councilman Griset, seconded by Councilman Herrin and carried. FINAL MAP, TRACT 6744 Filed by Lebovits, Haswell, Inc., et al, creating 11 lots at Fairview and Edna Drive, was approved, dedications thereon accepted, and execution of subdivision agreement authorized, on motion of Councilman Griset, seconded by CounciLman Herrin and carried. FINAL MAP, TRACT 6635 Filed by Cameo Homes, creating 22 lots at Park Lane and Brynwood Street, was approved, dedications thereon accepted, and execution of subdivision agreement authorized, on motion of Councilman Herrin, seconded by CounciLman Griset and carried. FINAL MAP, TRACT 6737 Filed by Kavanaugh-Beard Development Co., creating 20 lots at Tustin and Franzen, was approved, dedications thereon accepted, and execution of subdivision agreement authorized, on motion of Councilman Herrin, seconded by CounciLman Griset and carried. REVISED PARCEL MAP 552 Filed by Pacific Investments, creating 2 lots on south side of Fairhaven west of Grand, was approved subject to conditions in Planning Director's report dated October 2, 1968, and alley requirement was waived, on motion of Councilman Herrin, seconded by Councilman Griset and carried. TENTATIVE TRACT 6747 Filed by Tustin Elementary School District, creating 9 lots on west side of Mabury at Catalina, was approved subject to conditions in Planning Director's report dated September 20, 1968, on motion of Councilman Herrin, seconded by CounciLman Griset and carried. CITY COUNCIL 27 October 7, 1968 PARCEL MAP 571 ~% Filed by Sinclair Investment Company, creating 9~ lots on northeast corner of 17th and Spurgeon, was approved subject to conditions in Planning Director's repori dated September ~.3, 1968, and alley requirement was waived, on motion of Councilman Herrin, seconded by Councilman Griset and carried. PARCEL MAP 573 Filed by Pacific Investments~ creating 3 lots on northwest corner of Glassell and Grovemont, was approved subject to conditions in Planning Director's report dated September 19, 1968, and alley requirement was waived on motion of Councilman Herrin, seconded by Councilman Griset and carried. PARCEL MAP 574 Filed by C. M. Deardorff, creating 4 lots on east side of Grand at St. Gertrude Place, was approved subject to conditions in Planning Director's repor~ dated September 25, 1968, and alley requirement was waived, on motion of Councilman Herrin, seconded by Councilman Grisei and carried. Councilman Markel left the Council Chambers before consideration of the next item. PARCEL MAP 572 Filed by A1 Markel, creating 9. lots on north side of Edinger between G~and and Lyon, was approved subject to conditions in Planning Director's report dated September 20, 1968, and alley requirement was waived, on motion of Councilman Herrin, seconded by Councilman Thurman and carried. Councilman Markel returned to the Council table. COUNTY FIRE STATIONS by Councilman Griset and carried. The Manager's report regarding financing of County Fire Stations was ordered filed, on motion of Councilman Herrin, seconded RES. 68-155 WATSON INITIATIVE Council discussed briefly the Manager's report regarding Proposition No. 9, the "Watson Initiative". RESOLUTION 68-155 EXPRESSING THE OPPOSITION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO THE PROPOSED CONSTITUTIONAL AMEND- MENT ON PROPERTY TAX LIMITATION (PROPOSITION NO. 9 - WATSON AMENDMENT) was adopted, on motion of Councilman Brooks, seconded by Councilman Griset. AYES: NOES: ABSENT: Brooks, Carlson, Griset, Markel, Thurman, Herrin None McMichaet CI~¥ COUNCIL OctoBer 7, 1968 SURPLUS PROPERTY Report 25-68 regarding four unit apartment building at 604 West 5th Street was considered. On motionof Councilman Herrin, seconded by Councilman Griset and carried, Council declared the building surplus and authorized demolition. Councilman Markel voted "No"~ SURPLUS LAW BOOKS Codncil considered the request for authority to sell 106 volumes of Deering's Codes which have been declared surplus by the City Attorney. Edd Clark, representing Freedom Newspapers, requested that the Council have the law books set for sale at public auction instead of the negotiated sale. It was moved by Coun6ilman Thurman, seconded by Councilman Herrin and carried, to sell at public auction the set of law books. Later, at the evening session of the meeting, on motion of Councilman Griset, seconded by Councilman Herrin and carried, Council approved authorization to advertise to seI1 at public auction on October 21, 1968, 106 volumes of Deering's Codes; designated City Purchasing Agent as person to conduct the auction and Miss Judy Beard as person to act as Clerk; set minimum bid at $100.00; and stipulated that if no bids are received, the City Purchasing Agent is authorized to negotiate sale to the City of Placentia under Section 2614 of the Municipal Code, BusINESS PROMOTION Bernard Djivre, of Hollywood Studios, DISTRICT TAX 310 N. Bush, spoke to the Council, protesting the Business Promotion District license tax, stating that he knew cf 30 or 40 merchants who were opposed to it, and that he thought the owners should be responsible for improving and cleaning up the downtown area and not the tenants. Burr Shafer, representing the Downtown Businessmen's Association, .invited Mr. Djivre to the District office to show him the plans and explained that they are ready to go into the second phase of the program, the mall development, which is the property owner's responsibility, the cleanup to be part of that; he stated that the initial phase will encompass 4th Street only. Mr. Djivre requested the Council to reconsider the ordinance establishing the Business Promotion District. Councilman Herrin informed Mr. Djivre that the matter had been heard before the Council through public hearing so that the people involved could make their feelings known to the Council and that none of the merchants involved had protested at the time of the public hearing. Councilman Markel stated that he thought the City staff should keep the alleys clean, and Councilman Brooks stated his opinion that the Building Code should be enforced in the downtown area. RECESS At 6:05 P.M., the meeting was recessed to 7:30 P. M., at which time it was reconvened with all Council members present. Following the Pledge of Allegiance to the Flag, %he Invocation was delivered by the Reverend William Green of the First Assembly of God Church. CITY COUNCIL ¸29 O~lober :?,, 196B UNIFORM FIRE CODE Before opening the public hearing on the proposed adoption of the Uniform Fire Code, Mayor McMichael explained the procedures regarding adoption of the Code, and the City Manager explained the basic principles. The hearing was opened. Fire Chief John Garthe reported on the Uniform Fire Code and explained why the Code contained a section prohibiting the sale and use of fireworks. Fire Marshal Ray Bachtelle also spoke, explaining that the City's insurance rating will be coming up next year and that the Code should be in effect at that time. Speaking in favor of the proposed Uniform Fire Code section which prohibits sale and use of fireworks was Frank Schmieder, 18042 Lillian Way, Tustin. Speaking in opposition to the section in the Uniform Fire Code which prohibits the sale and use of fireworks were the following: John Gallagher, 6i3 Bamdal; Mrs. William Hatch, 1314 W. ~,lst; Dave Brown, 1140 W. 10th, Mrs. Lamb, 1205 N. Cascade; Joe Vogel, 916 Garfield; Gordon Bricken, 1017 N. Wright; Chris George, 1709 E. 6th; Tom Van Owen, 2071 S. Birch; Don Miller, 1806 N. West; Daniel Alcaraz, 710 N. Baker; George Doney, representing Retarded Children's Association of Orange County. The hearing was closed. After discussion by Council, it was moved by Councilman Herrin, seconded by Councilman Griset, that Section 12.01, Subparagraph b, and Section 12.06 of the Uniform Fire Code pertaining to the prohibition of the sale and use of fireworks be deleted from the Uniform Fire Code. The motion was adopted on the following roll call vote: AYES: NOES: ABSENT: Herrin, Carlson, Griset, Markel, Thurman, McMichael Brooks None It was moved by Councilman Brooks, seconded by Councilman Thurman, to retain Section 29.06 pertaining to smoking activity on school property in Ordinance NS-939. The motion was adopted on the following roll call vote: AYES: NOES: ABSENT: Brooks, Carlson, Griset, Markel, Thurman Herrin, McMichael None On motion of Councilman Carlson, seconded by Councilman Herrin, the City Attorney was directed to bring back Ordinance NS-939 as amended by the Council for first reading at the October 21 Council meeting. On roll call vote: AYES: NOES: ABSENT: Herrin, Brooks, Carlson, Griset, Markel, None None Thurman, McMichael CITY COUNCIL 30¸ October ?, 1968 RECESS present. At 9;50 P.M. a five minute recess was declared. The Council reconvened at 9:55 P.M. with the same Council members ST. GERTRUDE VACATION Hearing was opened on proposed vacation of portions of St. Gertrude between. Standard Ave. and the Southern Pacific Railroad, requested by Fabmagic, Inc. There being no response to the call for ~estimony, the hearing was closed. RESOLUTION 68-143 ORDERING THE VACATION OF A PORTION OF ST. GERTRUDE PLACE BETWEEN STANDARD AVENUE AND THE SOUTHERN PACIFIC RAILROAD was adopted, on motion of Councilman Carlson, seconded by Councilman Brooks. AYES: Herrin, NOES: None ABSENT: None Brooks, Carlson, Griset, Markel, Thurman, McMichael AMEND. APP. 631 Hearing was opened on Amendment CALLENS Application 631. filed by Joseph R. Callens, to amend Sectional District Map 36-5-10 by reclassifying property on the north side of Sunflower between Flower and Bristol from the R 1 to the R 4 District. Angelo Palmieri, attorney representing the applicant, told Council the developers want to develop the property for multiple residential use, that the General Plan designates the area as medium density residential area and that the R 4 zoning is consistent with the Planning staff recommendations and would be developing the property to its highest and best use. The following people spoke in opposition to the zone change: Sam Cali, 3701 S. Olive, who presented a petition containing approximately 93 signatures of home owners in t'he Pinewoods subdivision, opposing the rezoning; Charles Gish, 1514 S. Birch, who presented a petition with approximately 64 signatures of members of the Santa Aha Foursquare Church, opposing the rezomng; Mike Huntley, 3810 S. Olive; William R. Duncan, 901 W. Juniper; Herb Rode, 2739 S. Ramona; Lillian Rode, 2739 S. Ramona; Mrs. Donald Burzynski, 3730 S. Ramona; Mr. Woodall, 3606 Ramona. On motion of Councilman Herrin, seconded by Councilman Markel and carried, the petition presented by Mr. Cali was ordered filed. On motion of Councilman Herrin, seconded by Councilman Brooks and carried; the petition presented by Mr. Gish was ordered filed. The hearing was closed. After discussion by Council, it was moved by Councilman Griset, seconded by Councilman Herrin, to continue action to the October 21 Council meeting on Amendment Application 631 so that the staff can consult with the applicant to CITY COUNCIL 31 ,October T, 1968 determine if he will accept modification of his application so that the eastern half of the property be retained as R 1 zoning and the balance to the west that ties into the commercial area be changed to R 4 zoning. The motion was adopted on the following roll call vote: AYE S: NOES: ABSENT: Herrin, Brooks, Carlson, Griset, Markel, Thurman, McMichael None None RECESS At 11:15 p. m., a three minute recess was declared. Tae Council reconvened at 11:20 p.m. with the same Council members present. VA 68-70 - SOLOMON Council considered action to take on Appeal APPEALS 9.12 AND 213 No. 212 filed by Cecil Blinn and Appeal No. ~,13 filed by Occidental Savings & Loan Association, appealing Zoning Administrator's approval of VA 68-70 to Joseph Solomon to construct building in a non-conforming automobile wrecking yard on property in the A 1 District at 4523 W. 5th Street. The matter was before the City Council on August 19 at which time the public hearing was held. After the public hearing had been closed, it was the decision of the Council to return the matter to the Plan~ing Commission for further information. 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 Application 68-70. Councilman Thurman asked the City Attorney if he should abstain from voting, since he had been absent when the public hearing was held. The Attorney advised Councilman Thurman to abstain from voting. The motion was adopted on the following roll call vote: AYE S: NOES: ABSTAINED: ABSENT: Brooks, Carlson, Griset, Markel, McMichael Herrin Thurman None VA 67-102 On motion of Councilman Herrin, seconded WESTMARK DEVELOPMENT CO. by Councilman Griset and carried, Council approved 90 day extension of time on VA 67-102 to construct at 48 unit apartment complex in the C i District at 1313 West Memory Lane. RESIGNATION The resignation of Jesse Crim as a member PERSONNEL BOARD of the Personnel Board was accepted with regret, and it was directed that an expression of appreciation be prepared, on motion of Councilman Herrin, seconded by Councilman Carlson and carried. CITY COUNCIL 32 October 7, !,968 EXCAVATION REQUEST The request from the Antique Bottle Club of Orange County for permission for its members to dig for old bottles on City owned land was referred to staff, on motion of Councilman Thurman, seconded by Councilman Herrin and carried. BUILDING INSPECTOR Authorization was granted to increase by one the number of authorized Building Inspectors, on motion of Councilman Brooks, seconded by Councilman Carlson and carried. Councilman Markel voted "No". I~[EIMBURSEMENT On motion of Councilman I~errin, seconded by Councilman Griset and carried, Council authorized reimbursement to Mobil Oil Company $18, 645.00 for improvements on the southeast corner of First and Bristol. PUBLIC PROPERTY USE On motion of Councilman Herrin, seconded by Councilman Car,~son and carried, Council approved Application for Special License to Use Public Property for Combined Veterans Organizations of Orange County, 3rd Annual Veterans Day Parade, Sunday, November 10, 1968. SOLICITATION APPLICATIONS approved: On motion of Councilman Griset, seconded by Councilman Herrin and carried, the following Solicitation Applications were 1969 March of Dimes campaign, month of January, 1969; Leukemia Society of America, Inc., November and December, 1968; Alsac, St. Jude Children's Research Hospital, November 15 - 23, 1968. LICENSE WAIVER The request of United Cerebral Palsy Association of Orange County, Inc. for waiver of business license fee to operate a retail gift shop at 101 West 4th Street, was granted, on motion of Councilman Herrin, seconded by Councilman Carlson and carried. MANAGER' S ABSENCE Permission was grantedto the City Manager to be absent from the City October 19 - 25 to attend the I. C. M.A. Annual Conference in Detroit, on motion of CounciLman Herrin, seconded by Councilman Griset and carried. Councilman Thurman stated it would be necessary for him to be absent from the October 21st meeting. : ClTY COUNCIL ' Oc'~bbe~ 7~ ~ 1968 FEDERAL AND STATE Permission was granted to Mayor BUILI~INGS McMichael, t~e C!t,: Ma,.ager a .d , the City Attorney to make a trip to San Francisco in regard to the proposed Federal Building and to Mayor McMichael and the City Attorney to make a trip to Sacramento in regard to the proposed state building, on motion of Councilman Brooks, seconded by Councilman Markel and carried. ADJOURNMENT At 1 t: 55 p.m., there being no further business tO come before the City Council, the meeting was adjourned, on motion of Councilman Herrin, Seconded by Councilman Griset and carried. Doris M. E:rown Clerk of the Council CITY COUNCIL Ocigl;:,e~ ?, 1968