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HomeMy WebLinkAbout10-21-1968MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA October 21, 1968 The meetinE 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, and Mayor Tom McMichael. O~uncilman Lorin Griset and Thomas W. Thurman were absent, but Councilman Griset arrived shortly after the meeting was called to order. Also present were Assistant City Manager Bruce Spragg, City Attorney William L. Mock, Assistant Director of Public Works Henry Mohle, Director of Planning Van Stevens, and Clerk of the Council Doris M. Brown. MINUTES 1968, were approved as submitted. On motion of Councilman Herrin, seconded by Councilman Brooks and carried, the Minutes of the Regular Meeting of October 7, Councilman GriSet arrived at the Council meeting. EXECUTIVE SESSION At 2:02 P. M., the City Council adjourned to executive session for approximately one- half hour to discuss appointment to Personnel Board. The Council reconvened at 2:35 P.M. with the same Council- men present. PERSONNEL BOARD a~ ~ It was moved by Councilman Brooks, seconded APPOINTMENT by Councilman Herrin and ca~rried, that DavidA. Hayes be appointe~as a member of the Personnel Board for the term ending June 30, 1971, to replace Jesse Crim. ELECTRONIC PROGRAMMABLE PRINTING CALCULATOR ~ ~ On motion of Councilman Griset, seconded by Councilman Brooks and carried, Council ordered filed report of bids received for the Electronic Programmable Printing Calculator for Public Works, awarded contract at unit prices to the low bidder meeting the specifications, Olivetti- Underwood Corporation; and rejected all other bids. PROJECT 3001 AND PROJECT On motion of Councilman Griset, seconded 3006 - SEWERS c~ ~ by Councilman Herrin and carried, Council ordered filed report of bids received for Project 3001 - Constr~t~on of Sanitary Sewer in Bristol from Santa Clara to Memory Lane, and Project 3006 - Sanitary Sewers in Lyon from Chestnut to First, in Ritchey from 306 feet south of Edinger to Edinger and in Glassell from 685 feet south of Fairhaven to Fairhsa~n; awarded contract at unit prices to the low bidder, Vido Samarzich Company; and rejected all other bids. CITY COUNCIL 35 Ociober 2I, I9~8 PROJECT 1195 (II) AND PROJECT On motion of Councilman Griset, seconded 2013 - STREET IMPROVEMENTS by Councilman Brooks and carried, Council ordered filed report of bids received for Project 1195 (II) - Fairview from Sunflower to 600 feet north, and Project 2013 Fairview from MacArthur to Alton; awarded contract at unit prices to the low bidder, E. L. White Co., Inc.; and rejected all other bids. BID CALLS On motion of Councilman Brooks, seconded by Councilman Griset and carried, the City Council approved plans and specifications and authorized advertising for bids for the following: Spec. 641-145 - 17 Cars for Police Dept., Openin~ 11/25; Spec. 641-144 - Five 4-door sedans, Opening 11/25; Spec. 631-117 - 12 Code Voice Fire Alarm Boxes and Control Cabinet Equipment, Opening 11/25; Spec. 641-141 - One 4-Door Station Wagon for Fire Dept., Opening 11/25; READING 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-939 - FIRE CODE Assistant City Manager Bruce Spragg explained that two changes were made in the proposed Ordinance--dates of selling fireworks to be from June 28 through July 5; and $100 cash or bond deposit for fireworks stands to ~uarantee cleanup, deposit to be refunded to applicant when cleanup is established. ORDINANCE NS-989 REPEALING AND RE-ENACTING CHAPTER 1 OF ARTICLE III OF THE SANTA ANA MUNICIPAL CODE FOR THE PURPOSE OF ADOPTING A UNIFORM FIRE CODE was passed to second reading, on motion of Councilman Griset, seconded by Councilman Brooks and carried. Later in the meeting, it was the decision of the City Council to reconsider Ordinance NS-939, on motion of Councilman Griset, seconded by Councilman Herrin and unanimously carried, after it was explained there may have been other changes. ORD. NS-939 DEFERRED On motion of Councilman Griset, seconded by Councilman Herrin and unanimously carried, first reading of Ordinance NS-939 wa~ deferred to the next Council meeting. CITY COUNCIL 36 October 21, 1968 RES. 68-156 - VA 68-70 c~% REsoLUTION 68-156 OVERRULING THE SOLOMON DECISION OF ;FHE ZONING ADMINISTRATOR AND DENYING A VARIANCE ON VARIANCE APPLICATION 68-70 FILED BY JOSEPH soLOMON was adopted, on motion of Councilman Griset, seconded by Councilman Carlson. AYES: NOES: ABSENT: Brooks, Carlson, Griset, Markel, McMichael Herrin Thurman RES. 68-157 - WATER aS~ RESOLUTION 68-157 FIXING CHARGES FOR WATER SERVICE INSTALLATION was adopted, on motion of Councilman Carlson, seconded by Councilman Brooks. AYES: NOES: ABSENT: Herrin, Brooks, Carlson, Griset, None Thurman Markel, McMiChael RES. 68-158 - WATER ~-~ ~v RESOLUTION 68-158 FIXING CHARGES FOR THE INSTALLATION OF NEW WATER MAINS AND A FRONT FOOTAGE CHARGE FOR CONNECTION TO EXISTING WATER MAINS FOR WHICH NO PAYMENT HAS PREVIOUSLY BEEN MADE was adopted, on motion of Councilman Brooks, seconded by Councilman Herrin. AYES: NOES: ABSENT: Herrin, Brooks, Carlson, Griset, Markel, None Thurman McMichael RES. 68-159 -WATER c,~ t~ RESOLUTION 68-159 FIXING CHARGES FOR CONSTRUCTION WATER FOR RESIDENTIAL SUBDIVISION was adopted, on motion of Councilman Brooks, seconded by Councilman Herrin. AYES: NOES: ABSENT: Herrin, Brooks, Carlson, Griset, Markel, McMichael None Thurman RES. 68-160- WATER $~'~/ seconded by Councilman Herrin. RESOLUTION 68-160 FIXING WATER RATES AND STAND-BY SERVICE CHARGES was adopted, on motion of Councilman Brooks, AYES: NOES: ABSENT: Herrin, Brooks, Carlson, Griset, Markel, McMichael None Thurman ~TY COUNCIL 37 Oc~obe'r:'21, i988 RES. 68-161 - WATER RESOLUTION 68-161 FIXING CHARGES FOR CONSTRUCTION WATER FROM FIRE HYDRANTS was adopted, on motion of Councilman Brooks, seconded by Councilman Herrin. AYES: NOES: ABSENT: Herrin, Brooks, Carlson, Griset, Markel, McMichael None Thurman RES. 68-162 - DEEDS, NO CASH RESOLUTION 68-162 ACCEPTING DEEDS FOR WHICH THE CITY IS PAYING NO I ] CASH CONSIDERATION (Bonnet, Schroeder (3 Mobil Oil, TextrOn, Williamson) was adopted, on motion of Councilman Herrin, seconded by Councilman BrookS. AYES: NOES: ABSENT: Herrin, Brooks, Carlson, Griset, Markel, McMichael None Thurman RES. 68-163 - DEEDS WITH CASH RESOLUTION 68-163 ACCEPTING DEEDS FOR THE WIDENING OF FIRST STREET FOR WHICH THE CITY IS PAYING A CASH CONSIDERATION (Robb, Allen) was adopted, on motion of Councilman Brooks, seconded by Councilman Herrin. AYES: NOES: ABSENT: Herrin, Brooks, Carlson, Griset, McMichael Markel Thurman RES. 68-164 - DEED WITH CASH RESOLUTION 68-164 ACCEPTING A DEED FOR CIVIC CENTER PURPOSES FOR WHICH THE CITY IS PAYING A CASH CONSIDERATION (Bayha) was adopted, on motion of Councilman Brooks, seconded by Councilman Herrin. AYES: NOES: ABSENT: Herrin, Brooks, Carlson, Griset, McMichael Markel Thud-man RES. 68-165 - DEED WITH CASH RESOLUTION 68-165 ACCEPTING A DEED FOR NORTHEAST BOULEVARD FOR WHICH THE CITY IS PAYING A CASH CONSIDERATIO1 i (Mills) was adopted, on motion of Councilman Brooks, seconded by Councilman Herrin. AYES: NOES: ABSENT: Herrin, Brooks, Carlson, Griset, Markel, McMichael None Thurman CITY COUNCIL 38 October 21, 1968 RES. 68-166 - CONDEMNATION RESOLUTION 68-166 AUTHORIZING CONDEMNATION OF A PARCEL OF REAL PROPERTY LOCATED AT THE NORTHEAST CORNER OF MAIN AND SEVENTEENTH STREETS FOR STREET PURPOSES was adopted after reading, on motion of Councilman Brooks, seconded by Councilman Markel. AYES: NOES: ABSENT: Herrin, Brooks, Carlson, Griset, Markel, McMichael None Thurman RES. 68-167 -ABATING ua ~ RESOLUTION 68-167 AUTHORIZING THE NUISANCE CITY ATTORNEY TO ABATE A PUBLIC NUISANCE. EXISTING UPON A PUBLIC RIGHT OF WAY was adopted after reading, on motion of Councilman Brooks, seconded by Councilman Griset. AYES: NOES: ABSENT: Herrin, Brooks, Carlson, Griset, Markel, McMichael None Thurman TAXI APPLICATION c,~ ~ Petition for Re-Hearing of U. T. O. · Inc., requesting Council to order a re-hearing on Application for Certificate of Public Convenience and Necessity to operate ten taxicabs in the City was considered by the City Council. Robert Politiski, attorney representing U. T. O., Inc., explained to Council that his client felt enough evidence had been given for the need of more taxicabs in the City since the application had been denied that they were in a position to ask for a re-hearing on the original application. The City Attorney explained to the Council that the previous application filed by U. T. O., Inc. is a closed affair and suggested that if a re -examination is sought, a new application should be filed. A motion was made by Councilman Brooks to deny the request for a re-hearing, which motion was lost for lack of a second. After further discussion by Council, on motion of Councilman Griset, seconded by Councilman Herrin and carried, the Petition for Re-Hearing was ordered filed. Councilman Brooks voted "No". NEWPORT BEACH C,~1 Two City of Newport Beach Resolutions RESOLUTIONS regarding Proposition 7 and regarding Proposition lA on the November ballot were ordered filed, on motion of Councilman Carlson, seconded by Councilman Herrin and carried. CITY COUNCIL October 21, :I968 ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Applications were ordered filed: On motion of Councilman Herrin, seconded by Councilmm~ Carlson and carried, the following Alcoholic Beverage License Kings Inn, 3515 W. 5th, On Sale Beer, Person Transfer; B & B Market, 401 E. Chestnut, Off Sale Beer & Wine, Person Transfer; 7-11 Market, 1425 W. Warner, Off Sale Beer & Wine, Person Transfer; Chico Club, 318 E. 4th, On Sale General, Person Transfer; Hamburger House, 1406 E. lstj On Sale Beer, Person Transfer. TRAFFIC Report of control devices removed or installei 1 9/21/68 - 10/2/68 was ordered filedj on motion of Councilman Carlson, seconded by Councilman Herrin and carried. 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 Griset and carried, for the following: VA 68-88, CHAVARRIA - construct carport on lot with existing non-conforming use inthe R 3 District at 910 W. Myrtle - APPROVED; VA 68-91, ALLEN - Move in additional dwelling on lot with two existing dwellings in R 1 District and M 1 District at 614 S. Grand - APPROVED; VA 68-92, EL RANCHO PLAZA - waive required masonry wall along easterly property line in LP District at 501 N. Golden Circle Dr. - APPROVED; VA 68-93, COVARRUBIAS - construct room addition on lot with 6 existing dwellings in the M 1 District at 2020 W. 5th - APPROVED; VA 68-94, LUNA - construct duplex in addition to existing single family dwelling in R 2 District at 801 N. Bewley - DENIED; VA 68-97, HERCO PROPERTIES, INC. - permit five dwellings on lot in R 2 District at 1925 West Washington - APPROVED; VA 68-99, WARREN - construct four unit apartment building in R 2 District at 417 S. Cypress - APPROVED. Later in the meeting, it was moved by Councilman Griset, seconded by Councilmm~ Brooks and carried, to affirm VA 68-96, GOLD - permit plumbing business with related outdoor storage of supplies in C 5 District at 1003 N. Bristol - APPROVED. Councilman Markel voted "No". MUSEUM BOARD Council considered the letter from William Lowe, requesting a meeting of a sub-committee of the Museum Board and representatives of the City Council to discuss Memorandum Opinion of Rimel, Harvey & Helsing, attorneys. On motion of Councilm~n Herrin, seconded by Councilman Brooks and carried, Councilmen OgdenMarkel and James Carlson were appointed to represent the City Council at the requested meeting and report back to the Council, and the City Attorney was instructed to arrange for the meeting. CITY COUNCIL 40 October 21, 1968 PARCEL MAP 577 o~' ;~ Parcel Map 577, filed by Pacific Investments, creating two parcels on the south side of Fairhaven west df Glassell, was approved subject to conditions in Planning Director's report dated October 14, 1988, and alley requirement waived, on motion of Councilman Herrin, seconded by Councilman Griset and carried. SPEED LIMIT ~8 ~ On motion of Councilman Griset~ seconded by Councilman Herrin and carried, Council approved the recommendations in staff report on speed limits on Wright Street, recommending that a speed limit of 30 miles per hour be established between Seventeenth Street and Santa Clara Avenue. RECESS present. At 3:50 P.M. a five minute, recess was declared. The Council reconvened at 3:55 Po M. with the same Council members SURPLUS PROPERTY ~f Report 26-68 regarding 2 story residence and office building at 1701 North Bush was considered. On motion of Councilman Herrin, seconded by Councilman Griset and carried, Council declared the building surplus and authorized demolition. Report 27-68 regarding residence at 1017 West First Street was considered. On motion of Councilman Griset, seconded by Councilman Herrin and carried, Council declared the residence surplus and authorized selling at auction to highest bidder within 30 days, designating the City Purchasing Agent to act as auctioneer, and if no bids are received, authorized demolition. TERMINATION OF AGREEMENT Execution of Termination of Agreement with Lucky Stores to Remove Parking, Store No. 431, 631 South Main Street, was authorized, on motion of Councilman Herrin, seconed by Councilman Markel and carried. REQUESTS ~,o~ Janice Boer, 912 N. LOwelL, requested c~ ,~ that Council take some action on the following: ~ ~% the noise from the loudspeakers in the Stadium, the speed limits on Fairview Street, elimination of parking on Flower north of First, and the need for a signal at Eighth and Ross. The matters listed were referred to staff, on motion of Councilman Herrin., seconded by Councilman Griset and carried. LEAGUE CONFERENCE October 13 - 16. ;Councilman Markel reported on his attendance at the League of California Cities Annual Conference held in Los Angeles, CITY COUNCIL 41 October 2~1, .1968 RECESS At 5:00 P.M. the meeting was recessed to 7:30 P.M., at which time it was re- convened with the same Council members present. Following the Pledge of Allegiance to the FIag, the Invocation was delivered by the Reverend Warren Wedan of the Faith Church of Santa Ana. KIWANIS CLUBS OF SANTA ANA Mayor McMichael welcomed the visiting members of the Santa Ana Kiwanis Clubs. SURPLUS PROPERTY SALE Mayor McMichael announced sale and call for bids was made for real property described in Report 24-68 consisting of an 8,475 square foot parcel on the south side of Eighth Street, west of Baker, with minimum price set at $27,967.50. The Clerk reported one bid had been received from Pacific Southwestern Properties in the amount of $27,967.50 with accompanying check for $2, 796.75. After three calls with no response, the property was declared sold to Pacific Southwestern Properties in the amount of $27, 967. 50. AMEND. APP. 632 Hearing was opened on Amendment PLANNING COMMISSION Application 632, filed by the Planning Commission, to amend Sectional District Map 30-5 -9 by reclassifying property on the west side of Grand between Warner and Dyer Road from the A 1 District to the M 1 District. There being no response to the call for testimony, the hearing was closed. On motion of Councilman Herrin, seconded by Councilman Brooks and carried, the application was approved and the City Attorney was instructed to prepare an ordinance to reclassify the property according to Exhibit A. AMEND. APP. 633 Hearing was opened on Amendment PLANNING COMMISSION Application 633, filed by the Planning Commission, to amend Sectional District Map 31'~4-9 by prezoning property on the east side of Main Street approximately 280 feet north of the centerline of Owens Drive from the County A 1 District to the City C 2-HD II District. There being no response to the call for testimony, the hearing was closed. On n~r[ion of Councilman Brooks, seconded by Councilman Carlson and carried, the application was approved and the City Attorney was instructed to prepare an ordinance to reclassify *.he property according to Exhibit A. CITY COUNCIL 42 October 21, 1968 AMEND, APP. 631 c-~' Council considered action to take on CALLENS Amendment 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. At the OctOber 7 meeting, after the public hearing was closed, Council continued action to this meeting so that staff could consult with the applicant t° determine if he would modify the application with less R 4. The Planning Director explained that six alternative solutions had been prepared for the subdivision design in connection with the application, that two meetings had been held with the applicant and that the applicant had also met with the home owners of the surrounding area. The six alternatives were displayed on a screen. The Planning Director reported that the alternative solution which was most agreeable to the developer and the surrounding home owners was Alternative No. 5, which would extend Olive and Ramona to a future east-west street and add two north-south streets to the west, Salvadore Cali, 3401 S. Olive, spoke on behalf of the home owners; and Tom Pike, 3701 S. Ramona, spoke as an individual concerned with lowering of property values. After some discussion by Council, on motion of Councilman Carlson, seconded by Councilman Markel and carried, Amendment Application. 631 was approved and the City Attorney was instructed to prepare an ordinance according to Exhibit A with modifications shown on Alternative No. 5 as described by ~he Planning Director. VOTING DELEGATE o~ s0 On motion of Councilman Brooks, seconded by Councilman Carlson and carried, Mayor McMichael was appointed as the voting delegate to represent the City Council at the 45th Annual Congress of Cities to be held in New Orleans, December 7 - 11, 1968. CHRISTMAS TREE AND ca ~ Council considered the request from the ACTIVITIES ~ Downtown Santa An~ Association for permission to erect a Christmas tree at 4th and Sycamore, hold the Annual Junior Chamber of Commerce Christmas Parade, the Marine Corps Toys for Tots Program, and Miss Santa Aha Centennial's first official act Butt Smith, Executive Director of the Downtown Association, explained the projects On motion of Councilman Griset, seconded by Councilman Herrin and carried, the request was granted subject to the five conditions set out in the Public V~orks Director's report dated October 17, 1968. BILLIARD PARLOR by Councilman Brooks and carried. The request for operation of a Billiard Parlor at 3610-G Bolsa Street was granted, on motion of Councilman Herrin, seconded CITY COUNCIL 43 October 21,' 1968 PUBLIC PROPERTY USE Council considered the Application for Special License to Use Public Property of Diane Robles and Helen Valenzuela to preach the gospel. On mo~ion of Councilman Griset, seconded by Councilman Markel and carried, the application was continued to the next Council meeting,~ and the Clerk was instructed to advise applicant to be present at the meeting to give the Council more specific information. The Application for Parade of the Orange County Peace and Human Rights Council, October 9~6, was ordered filed, on motion of Councilman Herrin, seconded by Councilman Brooks and carried, after staff explained application unnecessary. SOLICITATION APPLICATIONS On motion of Councilman Brooks, seconded i I by Councilman Herrin and carried, the following Solicitation Applications were approved: VFW Hillview Post 9203. Poppy Sale, November 8 and 9, 1968; Jewish War Veterans Post 760 & Aux., Poppy Sale, November 4-11, 1968. OVERWIDTH DRIVEWAYS On motion of Councilman Brooks, seconded by Councilman Herrin and carried, a 50 foot driveway on the west side of Main north of MacArthur, and a 50 foot driveway on the north side of MacArthur west of Main were approved. TOWING SERVICES Council condsidered the request that James C. Thompson be placed on the list of towing agencies for the Police Department. Fred Hopper, attorney representing Mr. Thompson, requested staff report be read. The Clerk read the City Manager's report, which recommended continuation of policy to limit to three services on rotation. In addition to Mr. Hopper, the following people spoke in favor of the request: Joe Vogel, 916 Garfield, Loran Norton, 1932 Griset; and Bill Branson. Joseph Ruhio, Manager of Santa Ana Towing, explained necessity of specialized equipment. After discussion by Council, it was moved by Councilman Griset, seconded by Councilman Carlson, that the Manager's office be directed to approve the inclusion of any towing service in Santa Ana that is open 24 hours a day, 7 daysa week, and that the staff be directed to bring back to Council their recommendations regarding minimum equipment necessary to perform these services for Council to act on at some later date. A motion was made by Councilman Brooks to refer the matter to staff for study and recommendation, which motion failed for lack of a second. The first motion was adopted on the following roll call vote: AYES: NOES: ABSENT: Herrin, Carlson, Griset, Markel, McMichael Brooks Thurman CITY COUNCIL October 21, 1968 BOND RELEASE ~ ~ Acting on the Public WOrks Director's report of satisfactory completion of improvements, on motion of Councilman Carlson, seconded by Councilman Herrin and carried, bonds were released for Tract 6461, Twentieth Street and Mirasol. MYRTLE STREET MINI-PARK Donation of $650 by Tustin Congregational ~ Church and $750 from Clark Loomis for development of vest pocket park on West Myrtle Street was accepted by the City Council with appreciation, on motion of Councilman Markel, seconded by Councilman Brooks and carried. BUDGET ADJUSTMENT ~,% ~ It was moved by Councilman Marke], seconded by Councilman Brooks and carried, that Council authorize increase in estimated revenue fund 51-898 in the amount of $1400 and authorize increase in appropriations to Fund 51-286-631 for the purchase of equipment and improvements to the West Myrtle Street playground. ADJOURNMENT At 9:40 P. M., there being no~ further business to come before She C,,~y. Counc.il, the meeting was adjourned, dm motion of Councilman Herrin, seconded by Councilman Markel and carried. Doris M. B'r6wn Clerk of the Council CIT.Y COUNCIL 45 Oct0~er 21, 1968