HomeMy WebLinkAbout11-15-1965MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA~ CALIFORNIA
November 15~ 1965
The meeting was called to order at 2:00 p.m. in the Council Chamber, 217 N.
Main Street. Roll call was answered by Councilmen James Gilmore, Walter
Brooks~ Davis Burk~ Wade Herrin, J. Ogden Markel~ Tom McMichael and Mayor
Harry H. Harvey.
APPROVAL OF MINUTES
On motion of Councilman McMichael,
seconded by Councilman Burk and
carried, Council approved as mailed
the Minutes of the Regular Meeting
of Nove~oer 1, t965.
BID -
STADIUM SIGN
reco~mmended that all bids be rejected.
The City Manager stated that bid
bonds had not been provided by
bidders to furnlsh and install
sign at Municipal Stadiam~ and
On motion of Councilman Markel~ seconded by Cotnucilman Burk and carried, Co~cil
rejected bids received and authorized readYertising.
BID -
MOTORCYCLES
The City Manager requested permission
to readvertise for two police
special motorcycles, Spec. 622-6,
inasmuch as no bids were received.
On motion of Cotuucilman McMichael~ seconded by Councilman Herrin and carried~
Council authorized the City Manager to readvertise.
BID AWARD - On motion of Councilman Markel~
HANDBALL COURTS seconded by Councilman Herrin and
carried~ Council ordered filed
report of bids received for two
handball courts for Jerome and Memorial Parks~ Spec. 673-5; awarded the
contract to Ctummings Construction; and rejected all other bids.
ORD~.~NS-823 ORDINANCE NS-823 AMENDING THE SANTA
REFUSE COLLECTION ANA MUNICIPAL CODE AND ADOPTING
REGULATIONS FOR THE COLLECTION AND
DISPOSAL OF ALL REFUSE ACCUMULATED
IN THE CITY AND REPEALING SECTIONS 5200. THROUGH 5205.~ INCLUSIVE~ OF ~{E
SANTA ANA MUNICIPAL CODE was read by title. It was moved by Councilman Brooks,
seconded by Councilman Burk~ that further reading be waived and Ordinance
NS-823 be adopted. On roll. call vote:
AYES~ COUNCII2~EN:
NOES, COUNCILMEN:
ABSENT, COUNCILMEN:
Gilmore~ Brooks~ B~mrk~ Herrin~ Markel~
McMichael~ Harvey
None
None
CITY COUNCIL - 400 - November 15~ 1965
ORD. NS-832 ORDINANCE NS-832 CHANGING DISTRICT
A.A. 567 CLASSIFICATION ON AMENDME~NT APPLICATION
NO. 567~ FILED BY BRUCE GELKER, AND
AMENDING SECTIONAL DISTRICT MAP
17-5-9 (EXHIBIT AA 567 A) was introduced by title. It was moved by Councilman
GiLmor% seconded by Councilman Herria and carried~ that Ordinance NS-832 be
passed to second reading.
RES. 65-179 RESOLUTION 65-179 AUTHORIZING
CONDEMNATION CONDE~ATION OF AN EAS~IMENT FOR
STREET PURPOSES ON THE NORTH SIDE
OF EIGHTH STH~E~r~ WEST OF BRISTOL
STREE~I' was read by title. It was moved by Councilman McMichael~ seconded by
Coancilman Brooks that i'urther reading oe waived and Resolution 65-179 be
adopted. On roll call vote:
AYES~ COUNCILMEN:
NOF£~ COUNCILMEN:
ABSE~T~ COUNCILMEN:
Gilmore~ Brooks~ Burk, Herrin~ Markel,
McMichae!~ Harvey
None
None
RES. 65-176 RESOLUTION 65-176 ACCEPTING DEE~S
DEEDS - NO CASH WHERE THE CITY IS PAYING NO CASH
CONSIDERATION (Gelker~ 0.C.F.C.
Dist.~ Pieper~ Planchon, Vose &
Greer Bros.~ Hoekman~ Olivier~ Hileman~ L~kens~ Shubert) was read by title.
It was moved by Councilman McMichael, seconded by Coancilman Brooks that
further reading be waived and Resolution 65-176 be adopted. On roi1 call vote:
AYES~ COUNCILMEN:
NOES~ COUNCILMEN:
ABSE~ COUNCILMEN:
Gilmore~ Brooks, Burk~ Herrin~ Markel~
McMichael~ Harvey
None
None
RES. 65-177 RESOLUTION 65-177 AUTHORIZING
DEED EXECUTION OF HEAL PROPERTY
CONTRACT AND ACCEPTING A GRANT
DEED FOR THE ACQUISITION OF
PARCEL NO. 205 FOR CIVIC CENTER PROJECT NO. G.A. 401 (Andrews~ Moffit, Burke)
was read by title. It was moved by Councilman McMichael, seconded by
Councilman Brooks that further reading be waived and Resolution 65-177 De
adopted. On roll call vote:
AYES~ COUNCIl:
NOES~ C OUNC ILMEN:
ABSENT~ COUNCILMEN:
Gilmore~ Brooks, Burk, Herrin, Markel~
McMichael, Harvey
None
None
RES. 65-178 RESOLUTION 65-178 ACCEPTING DEEDS
DEEDS - CASH WHERE THE CITY IS PAYING A CASH
CONSIDERATION (Griffith Bros.~
Southern Pacific Co.) was read by
title. It was moved by Councilman McMichael~ seconded by Councilman Brooks
that further reading be waived and Resolution 65-178 be adopted. On roil_
call vote:
AYES~ COUNCILMEN: Gilmore, Brooks, Burk,
McMichael~ Harvey
NOES, COUNCILMEN: None
ABSENT~ COUNCILMEN: None
Herrin~ Markel~
CITY COUNCIL - 401 - November 15, 1965
RES. 65-175 RESOLUTION 65-175 URGING THE
LEGISLATIVE ADOPTION OF LEGISLATION TO
CONTROL RESTORE TO LOCAL AGENCIES
LEGISLATIVE CONTROL OF OFFENSES
THAT OUTRAGE PUBLIC DECENCY was read by title. It was moved by Councilman
McMichael~ seconded by Councilman Brooks that further reading be waived and
Resolution 65-175 be adopted. On roll call vote:
AYES~ COUNCILMEN:
NOES~ COUNCILM~EN:
ABSENT, COUNCILMEn:
Gilmore, Brooks, Burk, Herrin~ Mar~el~
McMichael, Harvey
None
None
Rss. 65-180
CONDE~ATION
was read by title.
RESOLUFION 65-180 AUTHORIZING
CONDEMNATION OF A PARCEL OF REAL
PROPERTY AT THE SOUTHWEST CORI~ER
OF FIFTH AND VAN NESS AVENUE
It was moved by Councilman McMiehael, seconded by
Councilman Brooks that further reading be waived ~]d Resolution 65-~60 be
adopted. On roll call vote:
AYES, COUNCILMEN:
NOES, COUNCILMEN:
ABSENT~ COUNCILMEN:
Gilmore, Brooks~ Burk, Herrin~ Markel~
McMichael, Harvey
None
None
RES. 65-181 RESOLUTION 65-181 REQUESTING THE
WEED ABATE~4ENT BOARD OF SUPERVISORS TO AS~ND THE
WEED ABATFJ~ENT ASSESSMJ~NT ROLL BY
DELETING THEREFROM ASSESSMENT OF
$25.22 ON ASSESSOR'S PARCEl. 11-011-O7 was read by title. It was moved by
Councilman McMichaet~ seconded by Councilman Brooks~ that further reading be
waived and Resolution 65-181 be adopted. On roll call vote:
AYES, COUNCILMEN: Gilmore~ Brooks~ Burk~
McMichael, Harvey
NOES~ COUNCILMEN: None
ABSENT, COUNCILMEN: None
Herrin, Markel,
SIGN ENCROACHMENTS
On motion of Cou~cilman Brooks,
seconded by Councilman Herrin and
carried~ Co~uncil authorized execution
of sign encroachment agreements
with the following:
Advance Neon Sign Co.~ Squire for Men, and Sigrid E. Palm at 320 E. 17th Street.
Pacific Outdoor Adv. Co., and Barney Thoele at 2128 W. ~th.
BOWERS MUSEUM On motion oI' Councilman Brooks~
seconded by Counci]anan Herrin and
carried~ Council authorized
execution of an agreement with
Bowers Museum Foundation regarding bequest of Stella PreDle Nau for construction
of addition to Bowers Museum.
wARNER AVE. On motion of Councilman Brooks,
seconded by Councilman Herrin and
carried~ Council authorizer execution
of an agreement between the cities
of Tustin and Santa Aha for construction of Warner Avenue from the Newpor%
Freeway Lo Red Nill Avenue.
CITY COUNCIL - 402 - November 15~ 1965
WARNER CROSSING On motion of Councilman Brooks,
seconded by Councilman Herrin and
carried, Council authorized
execution of application to
Public Utilities Commission for allocation from Crossing Protection Fund
for protection at Southern Pacific crossing of Warner, BK-S19.1.
WRITTEN
COMMUNICATIONS
~3
VARIANCE & CONDITIONAL USE PEEMITS -
On motion of Councilman Burk,
seconded by Councilman Markel and
carried, Council ordered filed the
following ccm~nunications:
Decisions made by the Zoning Administrator or Planning Commission where no
appeal has been filed. For affirmation of Council:
V.A. 2184, Bristol Plaza - construct car stereo installation and storage
building in the C i district at 1212 S. Bristol - APPROVED.
V.A. 2185, Heinecke Enterp. Inc. - construct additions to existing shopping
center in A 1 district at 2106 N. Tustin - APPROVED.
CUP 207, Whalen - use portion of single family residence for care of 6 retarded
children in R i district at 709 N. Mountain View - APPROVED.
LIQUOR LICENSE APPLICATIONS -
Bob & Sam's Halladay ~l, 604 E. Dyer - RETAIL ON SALE BEER TRANSF. (PERSON)
Frank's Market, 180' N. Bolsa on west side of Newhope - NEW OFF SALE BEER & WINE
Gressley, 500' east of Euclid on Bolsa - NEW OFF SALE GENERAL
Lil' Ceasars, 513 S. Main - NEW ON SALE BEER & WINE
Nite Light, 1214½ W. 1st - ON SALE B~ TRANSF. (PERSON)
The Potato Bin, 1605 W. 1st - NEW OFF SALE GENERAL
Binstok, Harry, ll05 W. 17th - NEW OFF SALE GENERAL
Kotarski, RoseMary, 2041 N. Main - NEW OFF SALE GENERAL
Clark & Keller, 1646 E. 1st - NEW OFF SALE GENERAL
Beyhan, 610 W. 4th - NEW ON SALE BEER
Buckeye Liquor, 617 E. ~th - OFF SALE GE/IERALTRANSF.
Cal-Fair Markets, 511 N. Harbor - OFF SALE RRRR & WINE TRANSF.
LaPietanza Haliana, 424 E. 4th - NEW RETAIL ON SALE BEER & WINE
Pussy Cat, 2509 S. Main - ON SALE BEER TRANSF.
Walker, 206 N. Grand - NEW ON SALE BEER
Wilder's Market, 4821 W. 5th - NEW OFF SALE B~ & WINE
A ?R'S -
Diehl, Evans & Company Water Fund report as of June 30, 1965; and
Auditor's report for the City of Santa Aha as of June 30, 1965.
M.W.D. -
Metropolitan Water District report for period July 1, 196~ to June 30, 1965,
statement of water stores as of June 30~ 1965, and statement of water deliveries
for fiscal years 1963-64 and 196~-65.
TRAFFIC REPORT -
Control devices installed or removed 10-27 - 11-10-65.
SANITATION DIST. 7
Discussion was held on report of
request by Sanitation District 7
to purchase sewer in Tustin Avenue,
north of 17th, wherein the Manager
recommended the City not sell. Arthur Nisson, 2014 N. Broadway, attorney
representing Sanitation District 7, gave a resume of the district's history,
stating that he did not agree with the City Manager's report, that if the
CITY COUNCIL - 403 - November 15, 1965
district acquired the line, residents in Santa Ana would not lose the right
to use the sewer; that the City had benefitted by annexations and would
probably pick up more property; that a duplicate line would be an unnecessary
expense and would alienate the people; concluding that the district has an
obligation to the people, since any taxpayer could force the district to
proceed bringing an Eminent Dcmain action if necessary.
Councilman Gilmore disqualified himself from any participation in the matter,
and left the Council table.
It was moved by Councilman McMichael, seconded by Councilman Markel and
carried, that the Council refuse to sell to Sanitation District 7 the sewer
in Tustin Avenue, north of 17th.
Councilman Gilmore resumed his seat at the Council table.
PARKING On motion of Councilmau Gilmore,~
seconded by Coancilm~n Markel and
carried, Council ordered filed the~
status report on problem resulting
from removal of parking on the north side of Dyer, wherein the Public Works
Director commented that no further complaints had been received.
FREEWAY ACCESS
Council heard the Public Works
· Director's report on request from
South Main Improvement Association
regarding access to the Newport
Freeway below MacArthur. He stated that the Division of Highways had been
contacted but that their response had been unenthusiastic and the work was
ready to go to bid.
It was moved by Councilman Markel, seconded by Councilman Brooks and carried,
that the City Attorney be instructed to prepare a strongly worded resolution
to the California Highway Commission urging the Board to take another look at
Santa Ana's proposal and ordered a copy sent to Senator Schmitz with a request
that he act on City's behalf before the Highway Commission prior to the project
being put out to bid.
COUNCIL COMMITTEE Mayor Harvey appointed Councilmen
R~ORTS McMichael, Bmooks and Herrin to
serve on a commfttee to review
the literature submittedby
management consultant and certified public accounting firms interested in
submitting proposals for systems analysis.
Mayor Harvey discussed with Council their six months appointments to various
Boards and Commissions. It was the concensus of opinion that the appointments
should remain unchanged at present, and should be reviewed again in two months.
cITYicOUNTY Adrian Kuyper, County Counsel,
CIVIC CENTER discussed with the City Council
the Joint Powers Act whereby the
City of Santa Ana and the County
of Orange could establish by agreement a Joint Powers Authority for the develop-
ment of the City-County Civic Center and reccmmending that Council work with
the County to draw up a Joint Powers Agreement. Offering c~mments in favor
of the proposal were Tom Sweeney, Don Christesen, and Hanns Baumann, representing
the Chamber of Commerce; and Hal Winter, representing the Santa Ana Downtown
Association. Mrs. Janice Boer, Clifford Fraizer, and Joseph Gilmaker offered
c~mments in opposition to the proposal.
CITY COUNCIL - 404 - November 15, 1965
Discussion by the City Council followed~ revealing general agreement that the
subject needed further study and such study could come only from a draft of a
proposed agreement.
It was moved by Councilman McMichael~ seconded by Councilman Brooks~ and
unanimously carried, that the City Council approve in principle the prel~mfuary
Master Plan for the combined City-County Civic Center as prepared by Community
Facilities Planners; and~ since the financing and administering of such a City-
County Civic Center through a joint power agreement appears a reasonable approach,
instruct the staff to work with the County to draw up a proposed Joint Power
Agreement for handling the Civic Center -- the proposed Joint Power Agreement
to be approved or rejected by City Council at a later date.
RECESS
At 5:20 p.m. the meeting was recessed
to 7:30 p.m.
The meeting was reconvened at 7:30 p.m. in the Council Chambers, with all
Councilmen present. Following the Pledge of Allegiance to the Flag~ the
Invocation was delivered by the Reverend Donald Sapp~ Aldersgate Methodist
Church~ Tustin.
HF~RING - Hearing was opened on Amendment
A.A. 568 Application 568 filed by Justin
Nippold proposing amendment of
Sectional District ~ap 16-5-10 by
reclassifying from A i to the C 2 and R ~ districts~ property on east side of
Euclid between Bolsa and the Flood Control Channel. Planning Commission Resolution
5755 recommended approval.
The Clerk reported that notice of the hearing had been published in The Register
on October ~0, 1965 and c~mnunications from the following had been received:
Duane D. Christensen~ adjacent property owner~ and James B. Davis, 2~1 S.
Euclid~ in favor; Mr. and Nfs. Gerald A. King~ 5115 Davit Avenue~ against.
On motion of Councilmsu Gilmore, seconded by Councilman Herrin and carried~
Council ordered the communications filed.
Justin E. Nippold~ applicant, described zoning in surrounding area, noting his
would be compatible, stated he had approval of Southwest Homeowners Association;
that he would dedicate and develop Davit Street. There being no further
testimony~ the hearing was closed.
Councilman McMichael questioned the applicant regarding his desire to omit the
R i zoning suggested by the staff. ~ir. Nippold stated he preferred to have all
R h and let the developer see the best way to develop.
On motion of Councilman Burk, seconded by Councilman Gilmore and carried~ Council
approved the reclassification and instructed the City Attorney to prepare an
amending ordinance according to Exhibit AA 568 A. Councilman McNichael voted No.
HEARING - Hearing was opened on proposed change
REFUSE COLLECTION to service charge for refuse collection.
The City Manager reviewed for Council
the history~ procedures, and payment
for refuse collection and his report outlining a schedule of proposed fees.
Richard Kopel, Chairman of Finance and Tax Con~ittee of the Chamber of Commerce~
gave the Clerk letters from Honer Plaza and Fashion Square concurring with the
Chamber's recommendations which had been sent to Council previously. Also
presented to Council were letters from the Santa Ana Downtown Association offering
an alternate proposal on certain items but otherwise concurring with the Chamber
of Commerce rec~mnendation~ from the South Main Improvement Association supporting
the Chamber's position~ and from Joe Gilmaker protesting the billing of properties
with 4 or more units by unit rather than by water meter. On motion of Councilman
Markel~ seconded by Councilman Burk and carried, the letters were ordered filed.
CITY COUNCIL - 405 - November 15~ 1965
The Chamber of Commerce proposed a $1.00 rate, with businesses allowed up to
200 pounds. Hal Winter, 206 W. 1st, agreed except that the Downtown Santa
Aha Association favors a definite statement from the resident requesting the
contractor to make pickups over 200 pounds.
There was general discussion in which the following persons joined: Walt
Beckman, Leonard Himes, Mrs. Janice Boer, 912 N. Lowell, Virgil Elkins, 2210
Poplar, and Robert Hill, 2415 Spurgeon, Frank Gelinas, Manager of the Santa
Ana Chamber of Commerce.
RECESS
At 9:03 p.m. the MAyor called a
five minute recess. At 9:12 p.m.
the meeting reconvened with all
Councilmen present.
Mr. Kopel suggested the Manager's plan to interject into the contract all
Special Services changed the contract. There being no further testimony,
the hearing was closed.
It was moved by Councilman Brooks, seconded by Councilman Herrin, that the
matter be continued to 2:00 p.m. on November 29, 1965. The motion carried,
with Councilman McMichael voting No.
BRISTOL ACCESS In a report regarding request of
John A. Kilgore for a driveway
at 1345 S. B~istd, the Planning
Cc~ission recommended a change
in the joint Council-Planning C~mmission policy regarding access to
individual properties on Bristol Street where an alley exists to the rear
of the lots, as follows: When two adjacent property owners wish a common
driveway to be located on their mutual property line, said driveway shall
be permitted but shall not exceed 20 feet for each property or a maximum
width of 40 feet. Where driveways are permitted they shall be posted for
ingress only; egress shall be made through the rear alley.
On motion of Councilman Brooks, seconded by Councilman Herrin and carried,
Council approved the Planning Cc~mission recommendation and, inasmuch as
Mr. Kilgore's request met the policy, granted his request for a driveway.
MELTON PROPERTY On motion of Councilman Markel,
seconded by Councilman Herrin and
carried, request from Nubert
Melton, 1446 S. Sullivan for
temporary waiver of improvements on a portion of property at the northeast
corner of Edinger and Fairview was withdraw~ from the agenda, at Mr. Melton's
request.
TENT. PARCEL MAP 436 On motion of Councilman McMichael,
seconded by Councilman Herrin and
carried, Council approved Tentative
Parcel Map 436 filed by Irvine
Industrial Complex creating three LMparcels at the southwest corner of
Barranca Road and Redhill Avenue, subject to conditions in Planning Director's
report dated November 8, 1965, and waived alley requirement.
On motion of Councilman Burk,
seconded by Councilm-u Gilmore and
carried, Council denied claim filed
by Ronald R. Smith, Mrs. E~hel C.
Smith, Valaida Coleman, and Willie Hardeman.
CITY COUNCIL - 406 - November 15, 1965
SOLICITATIONS
On motion of Councilman McMichael,
seconded by Councilm~n B~ooks and
carried, Council approved the
following solicitation requests:
Arthritis Foundation, to solicit door to door February 4 - 6, 1966.
Blue Star Mothers to solicit November 16, 1965, for a period not to exceed
sixty days.
Seventh Day Adventist Church, December ~ - 25, 1965, annual ingathering
drive.
Southern California College, December 3 and ~ and l0 and 11~ 1965, booth in
Honer Plaza for band uniforms.
FINAL MAP 5580 Final Map, Tract 5580 was filed
by Security Fore Corporation
creating 55 lots at Pacific and
Hemlock Way. It was moved by
Councilman Herrin, seconded by Councilman Markel and carried~ that Council
approve Tract Map 5580, accept the dedications thereon, and authorize
execution of subdivision agreement.
SURPLUS PROPERTY On motion of Councilman Brooks,
seconded by Councilm~n Burk and
carried, Council approved the
request of Security Fore Corp.
that close of Escrow No. 870577-HRB for Adams Street property sold at
public auction 11-1-65 be extended from 12-20-65 to 1-5-66.
REIMBURS~W~NTS
On motion of Councilman Burk~
seconded by Councilman Herrin
and carried, Council approved
the following reimbursements:
Fred Black Realty, 2345 N. Glassell, Santa Aha, $9,987.12 for construction
of street improvements at northeast corner Glassell and Santa Clara in
exchange for dedication to ultimate width.
Eastland Savings & Loan, 910 S. Brookhurst, Anaheim, $4,724.05 for con-
struction of street improvements on Main in exchange for dedication to
ultimate width.
BID CALT~ On motion of Councilman Brooks,
seconded by Councilman Markel,
and carried, Council approved
plans and specifications and
authorized staff to advertise for bids for the following:
Project C-113 - construction of Warner from Greenville to Raitt, opening
date 12-14-65.
Project D-46 - construction lined channel (C-5-F) between Newhope and
Harbor, opening date 12-14-65.
Tractor - Spec. 623-27, opening date 11-29-65.
ton trucks - on Schedule 1 and 2, Spec. 621-57, opening date 11-29-65.
Conduit - 5000' of 1" ridgid galvanized conduit, Spec. 634-15, opening date
11-29-65.
CITY COUNCIL - 407 - November 15~ 1965
CODE OF
CONDUCT
Mrs. Janice Boer, 912 N. Lowell,
requested that Council establish
a Code of Conduct for Councilmen
and Commissioners.
ADJO~
There being no further business
to come before Council, the meeting
was adjourned at 10:03 p.m. to
November 29, 1965 at 2:00 p.m. in
the Council Chambers, on motion of
Councilman Burk, seconded by
Councilman Brooks and carried.
DORlS M. BROWN
CT.k~K OF THE COUNCIL
CITY COUNCIL - 408 - November 15, 1965