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Home My WebLink About12-16-1968· ' ~ ¥~IN~ffTES :OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE :' ' CITY OF SANTA ANA~ CALIFORNIA December 16, 1968 The meefing 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, Jame~E: CarlsOn, Lorin Griset, J. Ogden Markel, Thomas W. Thurman, and Mayor Tom McMichael. Also present were Assistant City Manager Bruce Spragg, City Attorney William L: Mock, Director of Public Works Ronald Wolford, Associate Planner James Deshler and Clerk of the Council Doris M. Brown. MINUTES · , On motion of Councilman Herrin, seconded by Councilman Griset and carried, the Minutes of the Regular Meeting of December 2, 1968, were approved as submitted. TAXICAB APPLICATION Hearing was opened on application filed HEARING by U~ T. O. ~ Inc. for a certificate of public convenience and necessity to operate ten taxicabs in the city. Roberl C Politiski, attorney representing U. T, O., Inc., presented eight letters and requested that the petitions and letters submitted unde~ their previous application be incorporated by ref- erence in this application, and asked that these substantiate their position that an additional taxi company be granted a license to operate in Santa Ana. On motion of Councilman Herrin, seconded by Councilman Brooks and carried, the letters were ordered filed. On motion of Councilman Thurman, seconded by Councilman I-Ierrin and carried, the petitions and letters submitted under the previous application were incor- porated by reference in this application, Speaking in favor of the U, T O,, Inc~ application were the following: Michael Hapenny, 1414 Minnie; June Thacker, 15948 Myrtle, Tustin; Louise Smilh, 5401 Lucky Way; Victor RiYera, 1532 W. 8th; John Martin, 911 S. Evergreen; Ivy Birch, 14192 Mimosa Lane, Tustin; Paul McConnell, 1802 Standard; ' Mrs, Tom Munson, 1509 N. Van Ness; William Owen, _1701 S. Shelton, Bessie Sawyer, 240 N. Harwood, Orange; Samantha Elaer; Clayton Reese; Nora Miller, 485 S. Hesperian; Henry Helwig, 1502 N. Towner; Janice Boer, 912 N. Lowell; Mrs. Raymel; Larry Ogden, with U.T.O., Inc. George Brazer, 236 Dunsmuir Road, E1 Toro. CITY COUNCIL 78 December 16, 1968 William Wenke, attorney representingYellow Cab Company, asked that the matter be continued because of the City Manager's absence due to illness and because a survey he was making was not complete. Mr. Politiski did not think a continuance was in order and requested a decision at today's meeting. After some discussion by Council, it was moved by Councilman Brooks, seconded by Councilman Griset, to,,continue the hearing to the meeting of January 6, 1969, at 7:30 P.M. The motion was adopted on the following roll call vote: AYES: NOES: ABSENT: Brooks, Griset, Thurman, Mcl~ichael Herrin, Carlson, Markel None I{ EC ESS present except Counciln~an Griset. At 3:40 P.M., a five-minute recess was declared. The Council reconvened at 3:45 P,M. with all Council members BID CALL ~ $~ On motion of Councilman Brooks, seconded by Councilman Carlson and carried, Council approved plans and specifications and authorized advertising for bids for Project 6001, Construction of Jerome Park Swimming Pool, opening 1/14/6~). READING WAIVED The full reading o£ ordinances and re soluti0ns,~ the title s of which appeared on the public agenda, was waived, on motion of Councilman Herrin, seconded by Councilman Carlson and unanimously carried. Councilman Griset returned to the meeting. ORD. NS- 951 59 ' ~ 7 ORDINANCE NS- 951 CHANGING AND WARD BOUNDARIES ESTABLISHING THE BOUNDARY LINES OF THE WARDS OF THE CITY OF SANTA ANA was adopted, on motion of Councilman Carlson~ seconded by Councilman Herrin. AYES: NOES: ABSENT: Herrin, Brooks, Carlson, Griset, Markel, Thurrnan, lviclviichael None None CITY COUNCIL 79 December 16, 196~ ORD. NS-952 ORDINANCE NS- 952 AA~ENDING - CORRECTING NS-941 ORDINANCE NS-941 TO CORRECT ERRORS CONTAINED THEREIN (Gallons reclassification, A.A. 631) was adopted on motion of Councilman Carlson: seconded by Councilman Griset. AYES: NOES: ABSENT Herrin, Brooks, Carlson, Griset, Markel, Thurman~ McMichael None None RES. 68-185 RESOLUTION 68-185 REQUESTING THE AHFP PROGRAM COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF CERTA/N STREETS WITHIN THE CITY OF SANTA ANA was adopted, on motion of Councilman Brooks, seconded by Councilman Carlson AYES: NOES: ABSENT: Herrin, Brooks, Carlson None None · Griset, Markel, Thurman, McMichael RES. 68~186 RESOLUTION 68-186 DECLARING CERTAIN DECLARING STREETS CITY OWNED REAL PROPERTY BETWEEN FOURTH AND SIXTH STREETS WHICH WILL BECOME PORTIONS OF THE WEST DOWNTOWN DIAGONAL. AND A PARCEL OF CITY OWNED REAL PROPERTY ON THE SOUTH SIDE OF EIGHTH STREET WHICH WILL BECOME A; PORTION OF SAID EIGHTH STREET, TO BE PUBLIC STREETS was adopted on motion o/Councilman Carlson, seconded by Council- man Brooks. AYES: NOES: ABSENT Herrin, Brooks; Carlson; Griset~ Thurman, McMichael Markel None RES. 68-187 RESOLUTION 68-187 ACCEPTING A D~ED, NO CASH DEED FROM THE ORANGE, COUNTY CIVIC CENTER AUTHORITY FOR WHICH THE CITY IS PAYING NO GASH CONSIDERATION was adopted, on motion o£ Councilman Herrin, seconded by Councilman Brooks. AYES: NOE ,~: ABSENT: Herrin, Brooks, Carlson, Griset; Markel, Thurman, McMichael None None i~ CITY COUNCIL 8O December 16, 1968 RES. 68-188 RESOLUTION 68-188 ACCEPTING A DEED, NO CASH DEED FROM DUNN INDUSTRIAL PROPERTIES CORP. FOR WHICH THE CITY IS PAYING NO CASH CONSIDERATION was adopted, on motion of Councilman Herrin, seconded by Councilman Griset. AYES: NOES: ABSENT: Herrin, Brooks, Carlson, Griset, Markel, Thurman, Mclviichael None None RES. 68-189 D~ RESOLUTION 68-189 ACCEPTING DEEDS DEED WITH CASH FRO/vi H. & 3. NtABUi{Y COI~PANY FOR WHICH THE CITY IS PAYING A CASH CONSIDERATION OF $1, Z50.00 was adopted, on motion of C~ouncilman Griset, seconded by Councilman Brooks. AYES: NOES: ABSENT: Herrin, Brooks, Carlson, Griset, Markel, Thurman, McMichael None None RES. 68-190 - DEED WITH CASH RESOLUTION 68-190 ACCEPTING A 17th STREET DEED FOR THE WIDENING OF SEVENTEENTH STREET FOR~ WHICH THE CITY IS PAYING A CASH CONSIDERATION (Gorzeman) was adopted, on motion of Councilm~.n Herrln, seconded by Councilman Brooks. AYES: Herrin, Brooks, Carlson, Griset, Markel, Thurrnan, McMichael NOES: None ABSENT: None RES. 68-191 ~"~ RESOLUTION 68-191 DECLARING THE Ai~NEXATION ANNEXATION OF TERRITORY DESIGNATED "FA/RHAVEN AND TUSTIN NORTHWEST ANNEX" TO THE CITY OF SANTA ANA was adopted, on motion o£ Councilman Brooks, seconded by Councilman Herrin. AYES: NOES: ABSENT: Herrin, Brooks, Carlson, Griset, Thurrnan, McMichael Markel None POPULATION ESTLMATE Execution of Agreement with the State Department of Finance for population estimate was authorized, on motion of Councilman Brooks, seconded by Councilman Griset and carried. CITY COUNCIL 81 December 16, 1968 ENCROACHMENTS approved: On motion of Councilman Griset, seconded b~ Councilman Herrin and carried, the following encroachment agreements were Agreemen: with H & R Block, Inc. and Albert R_ Losasso regarding sign at 803 W. 17th. Agreement with Union Oil and J. N. Goode regarding sign at 421 N. Harbor. CHANGE ORDER ~ g'~ ~ On motion of Councilman Markel, seconded by Councilman Herrin and carried, Councilman approved Change Order No. 1 to contract with G. Vella Construction Company, Project 4005, Construction of U-1-B Storm Drain in Grand from 4th to 17th; and U-1-A Storm Drain adjaCe'nt to Southern Pacific Railroad right of way from 260 feet north to 628 feet north of Edinger; increasxng $14,288.00. PUBLIC UTILITIES ~4 ~ Applications by Southern Counties Gas Co. and Pacific LightiDg SerVice and Supply Co. for increase in rates were ordered filed, on motion of Councilman Thurrnan, seconded by Councilman Griset and carried. SAN CLEMENTE RESOLUTION The San Clemente resolution commending Dr. S. I. Hayakawa, Acting President of San Francisco State College, was ordered filed, on motion of Councilman ~Br0oks, seconded by Councilman Marks1 and carried. Councilman Herrin Voted "No" because he felt supporting action should be taken. c~~ VARIANCE AND CONDITIONAL Decisions made by the Planning Commission USE PERMIT o~.'the Zoning Administrator, where no appeal has been filed, were affirmed, on motion of Councilman Thurrnan, seconded by Councilman Griset and carried, for the following: VA 68- 112, EDINGER DEVELOPMENT CO. - construct dental office building in R 2 District at 2905 W. Edinger- APPI{OVED; VA 68-1137 FIREMAN'S Ir UND AMERICAN INSURANCE CO. permit temporary use of trailer for office space m C 5 District at 1616 E. 17th - APPROVED; VA 68-115, LANDRY & VORWERCK - construct retail stores in R 1 District at 801 N, Fairview - APPROVED; VA 68-117, CORKY - construct mobile home park in R 1 and R 1 B Districts at 301 S~ Fairview - APPROVED. It was ~noved by Councilman Thurman, seconded by Councilman Griset, COUNCIL 8Z December 165 1968 to affirm: VA 68-111, ELZEA - permit tool making business:in C 1 District at 2139 S..Main - APPROVED; The motion was adopted on roll call vote: AYES: NOES: ABSENT: Herrin, Brooks, Carlson, Griset, Thurrnan, McMichael Markel . None On motion of Councilman Thurrnan, seconded by Councilman Griset and carried, the following was affirmed: $~A 68-114, PENOFF, - permit five dwellings in R i District at 1517 N. La Bonita - APPROVED; On motion of Councilman Brooks, seconded by Councilman Thurman and carried, the following was affirmed: VA 68- 116, KAVANAUGH/BEARD DEVELOPMENT CO. - construct four-plex subdivision in R 4 District in rear of 2417 N. Tustin - APPROVED. ALCOHOLIC BEVERAGE LICENSE APPLICATIONS The following Alcoholic Beverage License Applications were considered: P & L Market, 2002 S. Flower, Off Sale Beer& Wine, Person Transfer; Saddlebackinn, 1650 E. 1st, On Sale General, Person Transfer; Coyle & Zacker, 2338 W. 1st, On Sale Beer, Person Transfer; Pete's Family Billiards, 2223 W. 5th, New On, Sale Beer; Connie's Corner Market, 852 N. Garnsey, Off Sale Beer & Wine, Person Transfer; The Dugout, 2534 W. Westnainster, On Sale Beer, Person Transfer. It was moved by Councilman Herrin, seconded by Councilman Griset and carried, that a protest be filed on Pete's Family Billiards, 2223 Vi. 5th, with the Alcoholic Beverage Control Board and the other applications be ordered filed. TRAFFIC e ~r,' ~ Report of control devices removed or installed 11/22/68 through 12/6/68 was ordered filed, on motion of CounCilman Griset, seconded by Councilman Herrin and carried. FINAL MAP, TRACT 6588 Final Tract Map 6588, filed by Wit Developer, Inc., creating 86 lots at southeast corner of Euclid and Progresso, was approved, dedications thereon accepted, and execution of subdivision agreement authorized, on motion of Councilrnan Griset, seconded by Councilman Brooks and carried. CITY COUNCIL 83 December 16, 1968 SURPLUS LAND Council c0nsidered, t~eport 29-68 regarding 16,892 -square foot parcel on north side of First Street, east · of-Br£stoL. It was moved by Councilman Griset, seconded by Councilman Herrin and carried, to declare the property surplus, authorize sale at auction on February 3, 1969, 7:30 P.1VI., with a minimum bid of $38,000; and direct the Santa Ana-Orange-Tustin Board of Realtors to designate a broker of record and authorize a multiple listing agreement with said broker with a five percent~commission. Councilman .2viarkel voted "No" · SURPLUS BUILDINGS On rnotidn of Councilman Griset, seconded by Councilman. Brooks and carried, · Council declared surplus and authorized demolition when vacated Surplus Property:R~port .3.5-68.., single family..resi~lence at~2Zl. 6 Monte Vista; and declared~sur, plus al%d authqriz~d sale at public ~tiom 'on Janua~ry 20. ,1969~ or demolition if no bids received, Surplue ,~rope rty Kepo~ 36~68, Mngle f~ty.~e sidence a~ 718 S.~Ge~ter. SURPLUS BUILDING After considering Surplus Property Report AND LAND i 33~/~S regarding one-story f~rarne residence at 102?: W.: 1 st,, on motion of Councilman Herrin, seconded by Councilman Brooks, Co%mcit declared surplus .and authorized' demolitior~ of building, and authorized, sale of remaining .land to adjacent prol~erty owner because of irregular size and shape. On roll call vote: AYES: NOES: ABSENT: Herrin, Brooks, Carlson, Griset, Thurman, McMichael Mar k~ t None 2/f~SURPLUS MATERIAL After considering Surplus Property. Report 34-68 regarding traffic signal parts, on motion of Councilman Griset. seconded by Councilman Brooks and carried, Council declared the parts surplus and authorized sale at public auction. 'and if no bids received, authorized.dis- posal as scraps. ~'~DIAGONAL PARKING Council considered the report regarding the request of the Downtown Santa Ana ~ : ~' · . , Association for diagonal parking, on 4th Street. I~ was moved by Council-man Brooks, .seconded by Councilman Griset and car~ie~l, ~o~r,eie~ the. matter to staff to c0ntin~ ~he study and to work with ~he do--town merchants to wo~k.out a plan for'Co, cji to consider. EL~CT~ON , . ~ . . . . It'~was-move4 by Co~cilman Brooks, , ...(, . ~ ~ seconded by Co~cilman Griset and carried, ~ . , .. .'., that ~ch candidate who wishes to file a Statement of ~ualifications in the April 1, 1969. General M~ic~pal Election ~11 ~ the co~ of ~r.iat~,. ~d ~ndi~g, .and.that .. ~t: ~e ~im~ of filing hi s Statement. each Co~cil candidate deposit $300 ~d each School Board candidate deposit $250 with the Clerk of the Co~cil, pending final deter~nat~on of cost. . CITY CO UNCIL · 84 : Dec;embe~ 16, 1968 ZONING Q~ A staff report on retail sales'in indhstrial areas, requested by Councilman Markel on December Znd, was referred to the Planning Commission for consideration of amendment to the Zoning Ordinance, on motion of Councilman Carlson, seconded by Councilman Herrin and carried. PARCEL MAP 580 O~~ Parcel Map 580, filed by Dr. William O'Reilly, creating three parcels on the east side of Grand between First and Walnut, was approved subject to conditions in Planning Director's report dated December 5, 1968, and alley requirement was waived, on motion of Councilman Griset, seconded by Councilman Carlson and carried. PARCEL MAP 583 ~/ Parcel Map 583, filed by Kenton Leeg, creating two parcels on the south side of Edinger, east of Grand, was approved subject to conditions in Planning Director's report dated December 3, 1968, on motion of Councilman Griset, seconded by Councilman Carlson and carried. TENTATIVE TRACT 6630 c~>{ Tentative Tract Map 6630, filed by Elmer Fowler, creating 20 lots on west side of Grand, north of Edinger, was approved subject to conditions in Planning Director's report dated November 5, 1968, and alley requirement was-.w~i~zed on Lots 1 and 20, on motion of Councilman Griset, seconded by Councilman Carlson and carried. LOADING ZONE REQUESTc~? Paul Sims, who has just opened a furniture business at 208 North Main Street, requested a special permit or loading zone in front of his business for trucks to unload. The matter was referred to staff for study and immediate action, on motion of :Councilman Brooks, seconded by Councilman Herrin and carried. CONGRESS OF CITIES Councilman Markel reported on his trip to the National League of Cities Annual Congress of Cities, held in New Orleans, Louisiana, December 7- 11. RECESS At 5:00 P.M., the meeting was recessed to 7:30 P.M,, at which time it was convened with all Council: members present. Following the Pledge of Allegiance to the Flag, the Invocation was delivered by Dr. Gerald Bash of the First Christian Church. CITY COUNCIL 85 December 16, 1968 A1V~END ~ ~AI~P ;' 63 $ Hearing was opened .on Amendment PLANNING COIVHVIISSION Application 635, initiated by the Planning commission to reclassify property on the southwest'corne~ of Baker and Eighth Streets from the P District ~o the C 4 District. There being no response to the call for testimony, the hearing was clsoed. On motion.of COuncilrnan, Griset, seconded by Councilman Brooks and carried, the application was approved and the City Attorney was instructed to prepare an amending ordinance to reclassify the property according ~o Exhibit A. ORD. NS- 950 OR, DtNANCE NS-950 AMENDING OVERTIME PAY ARTICLE II. OF THE SANTA ANA I~UNICIPAL CODE BY ADDING NEW SECTIONS TO CHAPTER 2 THEREOF RELATING TO Pi~EMIUM PAY FOR OVERTIME WORK was passed ~o second reading, on motion of Councilman Carlson, seconded by Councilman Gr.iset and carried. Councilman Motrin voted "No". i~ARYdNG The request by the Postmaster for limited parking on Grand Avenue and Santa Clara Street in the vicinity of the main post office was,ordered filed, on motion c[fCouncilman Thurrnan, Seconded by Councilman. Griset and carried, since this can be handled by the Public Works Department and no Council action is required. SOLICITATION APPLICATIONS On motion of Councilman Brooks, seconded by Councilman Griset and carried, the solicitation application of Synanon was deferred to January 6, so that a llst of solicitors can be furnished; and the application of St. Barbara's ~Vornen's Council for 3anuary and February, 1969, was approved. CUP 66-15 The request by The Salvation Army for a 90 day extension of time on CUP 66-15 to construct church and'-youth center with nobise~tihg streets at 1708-18 W..Edinger in A 1 District (6th request) was approved, on motion of Councilman Griset, seconded by Councilman Herrin and carried. PUBLIC PROPERTY-USE The Application for Special License to Use Public Property, Southern Christian Leadership Conference, for parade and festival December Zl and ZZ was approved, on motion of Councilman Thurman, seconded by Councilrnan Carlson and carried. CITY COUNCIL 86 December 16, 1968 DOWNTOWN MALL c~ Robert Newcomb, Chairman of the Mall ASSESSMENT DISTRICT 236 Committee of the DoWntown Santa Ana Association, requested formation of an >. assessment district for the Fourth Street Mall, stating that this would involve the property owners on Fourth Street. He explained that Phase I of the Fourth Street Improvement would place emphasis on trees, planting . areas, new lighting, etc.; that parking should be unmetered; that through -.~ ~.~ traffic would be routed on Third, Fifth and .Sixth Streets. He further explained that every property owner in the proposed district had been '~ contacted and the majority had signed the petitions to form the assessment district with the understanding that the cost will be no more than $100 per ~-~- front foot. Speaking in favor of the proposed assessment district were Mrs. Lydia Davis, 1402 West Pine Street, representing "Let!s Improve Santa Ana"; Burr Sharer, Vice President of the Downtown Association, Wendell Finley, Board Member of the Downtown Association. Speaking in opposition to the proposed assessment district was Joe Oilmaker, 308 West Fourth Street. The Public Works Director reported that the signatures on the petitions had been checked and represented owners of $6.7 percent of the total area. On motion of Councilman Carlson, seconded by Councilman Brooks, the City Council accepted the petition, authorized preparation of plans, specifications and estimates, and authorized negotiations for agreements for engineering and legal services. On roll call vote: AYES: Herrin, Brooks, Carlson, Griset, Markel, Thurman~ McMichael NOES: None ABSENT: None Councilman Herrin qualified his vote by stating there would be an opportunity at the time of hearing to see how property owners react. BUSINESS PROMOTION ~'~ Kenneth Lindsey, attorney, 1212 North DISTRICT Broadway, presented a petition, signed by more than 220 merchants and businessmen ' in the downtown Business Promotion District, requesting the City Coundil to revoke Ordinance NS-920 which established the Business Promotion District. On motion of Councilman Herrin, seconded by Councilman Griset and carried, the petition was ordered filed. Speaking in favor of abolishing the Busines s Promotion District were Bernard Dvijre; Doug Horton, 517 N~ Main; Earl Worshmeth; Paul Akrum, attorney, 325 N. Broadway; Harry Fordham, apartment owner at 6th and Birch; Mary Schutte, reataurant operator at 5th and Broadway. Reasons given were that the merchants feel the ordinance is filled with inequities; the rate structure is unfair; banks, insurance companies, thrift shops are exempt; and the boundaries are too limited. Speaking against abolishing the District were Burr Sharer; Rod Munro; Loran Norton. It was suggested that the merchants and the Downtown Association CITY COUNCIL 87 December 16, 1968 get together with the City Attorney and come up with suggested amendr~s to the ordinanCe. On motion of Councilman Brooks~ seconded by Councilman Herrin, the matter was postpened ~mtil the Council meeting of January 20, 1969, so that the me~Cl~ants and the Downtown Santa Aha Association can meet with City staff to study and work out amendments to the ordinance so that it witl be more equitable for everyone concerned. On roll call vote: AYES: NOES: ABSENT: None The Assistant City Manager explained that hilling for the 1969 business license tax could be postponed from 3anuary 1 until after the, 3anuary 20 Cour~ci! meeting, to see if the problem can be solved. Herrin, Brooks, Carlson, Griset, Markel, Thurrnan, 1VlcMichael None REIMBUI{SEMENTS e-, were approved: On motion of Councilman Markel, seconded by Councilman Herrln and carried, the following reimbursements Bethel Baptist Church $3,049.75 for improvements ~,on east side of Euclid from 700 feet south of McFadden to 800 feet ~°~flt of McFadden. Iv~f-%{~' Builder's, Inc. $5,701.55 for improvements on west side of Grand from 300 feet north of. Edinger to 600 feet north of Edinger. BOND RELEASE c,~ >~ Acting on the Public Works-Director's report of satisfactory completion of improvements, on motion of Councilrnan Markel, seconded by Councilman Herrin and carried, bonds were released for Tract 6629, Borchard Avenue west of Grand Avenue', AD$O1URNMENT At 10:05 P.M., there being no further business to come before the City the meeting was adjourned, on motion of Councilman Herrin, seconded by Councilman Markel and carried. Doris M. Brown Clerk of the Council CITY COUNCIL 88 December 16, 1968