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HomeMy WebLinkAbout12-20-1965MIIFUTES OF THE REGULAR MEETING OFTHE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIF01~NIA December 20, 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 N~yor Harry H. Harvey. APPROVAL OF MINUTES On motion of Councilman McMichael, seconded by Councilman Herrin and carried, Council approved the Minutes of the Regular Meeting of December 6, 1965. BID AWARD - On motion of Councilman Herrin, PROJ. D-~6 seconded by Councilman Brooks and carried, Council ordered filed report of bids received for Project D-46, construction of lined channel (C-5-F) between Newhope and Harbor; awarded the contract to H. W. Beadle, Inc. at unit prices; and rejected all other bids. BID AWARD - On motion of Councilman Brooks, PROJ. C-113 seconded by Councilman Herrin and carried, Council ordered filed report of bids received for Project C-113, construction of Warner fram Greenville to Raitt; awarded the contract to 0. E. Henderson Construction Co. at unit prices; and rejected all other bids. BID AWARD - The City Manager presented a report PIPE of bids received for 10,650', 12" class 150 asbestos cement pipe and 2,600' 8" class 150 asbestos cement pipe, Spec. ~81-36, noting that the low bid was from Keenan Pipe & Supply for a product that was foreign made. C. L. Ferlazzo, Manager of the Waterworks Division of Keenan Pipe & Supply, stated the pipe was made in Belgium and their bid included testing in the United States, both pressure and hydrostatic. John Himelberger, Sales Representative of Certainteed Products of Orange County, noted that Tuscon has been using foreign made products for 8 or 9 years and because of mai~enance problems, is now giving a 10% preferential to domestic materials bidders. The Manager called to Council's attention the question of whether or not the bid could legally be accepted inasmuch as it is outside the requirements of the specifications. On motion of Councilman Herrin, seconded by Councilman GiLmore and carried~ the matter was continued to January 3 for report and recommendation of Attorney and Director of Public Works. CITY COUNCIL - 423 - December 20, 1965 ORD. NS-833 ORDINANCE NS-833 CHANGING DISTRICT AA 568 - NIPPOLD CLASSIFICATION ON AMENDMENT APPLICATION NO. 568, FIT.RD BY JUSTIN NIPPOLD, ET AL., AND AMENDING SECTIONAL DISTRICT MAP 16-5-10 (EXHIBIT AA 568 A) was read by title. It was moved by CounciLman Gilmore, seconded by Councilman Brooks, that further reading be waived and Ordinance NS-833 be adopted. On roll call vote: AY ES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN: Gilmore, Brooks, Burk, Herrin, Markel, McMichael, Harvey None None RES. 65-186 RESOLUTION 65-186 ESTABLISHING A REFUSE COLLECTION SCHEDULE OF HATES FOR REFUSE RATES COTIRCTION was read by title. It was moved by Councilman Brooks, seconded by Councilman Herrin that further reading be waived and Resolution 65-186 be adopted. On roll call vote: AYES~ COUNCILMEN: NOES, COUNCILMEN: ABSENT~ COUNCILMEN: Gilmore, Brooks, Burk, Herrin, Markel, McMichael, Harvey None None RES. 65-193 RESOLUTION 65-193 AUTHORIZING AGM~ - STATE EXECUTION OF AGREemENT WITH POP. EST/MATE DEPARTMENT OF FINANCE OF THE STATE OF CALIFORNIA FOR POPULATION ESTIMATE IN SANTA ANA, CALIFORNIA was read by title. It was moved by Councilman Brooks, seconded by Councilman Herrin that further reading be waived and Resolution 65-193 be adopted. On roll call vote: AYES~ COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN: Gilmore, Brooks, Burk, Herrin, Markel, McMichael, Harvey None None RES. 65-194 RESOLUTION 65-194 ACKNOWW.RDGING GLASSELL & FAIRHAVEN RECEIPT OF PETITION FOR THE N. E. ANNEX ANNEXATION OF TERRITOEY TO THE CITY OF SANTA ANA, DESIGNATING AN APPROPRIATE NAME FOR SAID TERRITORY OF "GLASSELLAND FAIRNAVEN NORTHEAST ANNEX"~ AND GIVING NOTICE OF PROTEST HEARING THEREON was read by title. Council received the Planning Commission report recommending approval of the annexation.. It was moved by Councilman Brooks, seconded by Councilman Herrin that further reading be waived and Resolution 65-194 be adopted. On roll call vote: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN: Gilmore, Brooks, Burk, Herrin, Markel, McMichael, Harvey None None RES. 65-196 DENYING CUP 208 - DUC OT GEORGE B. DUCOT was read by title. RESOLUTION 65-196 OVERRULING THE DECISION OF THE PLANNING COMMISSION AND DENYING CONDITIONAL USE PEHMIT ON APPLICATION NO. 208 FILED BY It was moved by Councilman McMichael, seconded by Councilman Brooks that further reading be waived and Resolution 65-196 be adopted. On roll call vote: CITY COUNCIL - 424 - December 20, 1965 AYES, COUNCILMEN: NOES · C OUNC ILMEN: ABSENT, COUNCILMEN: Brooks, Markel, McMichael, Harvey Gilmore, Burk, Herrin None RES. 65-197 RESOLUTION 65-197 OF THE CITY COUNCIL WITNDRAWAL OF THE CITY OF SANTA ANA DECLARING TUSTIN LTNG. DIST. WITHDRAWAL OF TERRITORY FROM THE TUSTIN LIGRTING DISTRICT was read by title. It was moved by Councilman Brooks, seconded by Councilman Herrin that ~urther reading be waived and Resolution 65-197 be adopted. On roll call vote: AYES, COUNCII24EN: NOES, COUNCILMEN: ABSENT, COUNCILMEN: Gilmore, Brooks, Burk, Herrin, Markel, McMichael, Harvey None None RES. 65-198 RESOLUTION 65-198 ACCEPTING D,:,;~S WHERE DEEDS - NO CASH THE CITY IS PAYING NO CASH CONSIDERATION (Serna, Spahn, Heinecke Ent.) was read by title. It was moved by Councilman Brooks, seconded by Councilman Herrin that further reading be waived and Resolution 65-198 be adopted. On roll call vote: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT· COUNCILMEN: Gilmore, Brooks, Burk, Herrin, Markel, McMichael, Harvey None None RES. 65-199 AHFP STREETS was read by title. RESOLUTION 65-199 REQUESTING THE COUI~i~ OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF CERTAIN It was moved by Councilman ]~rooks, seconded by Councilman Herrin that further reading be waived and Resolution 65-199 be adopted. On roll call vote: AYES, COUNCILMEN: NOES, COUNCIIF~dI: ABSENT, COUNCII~EN: Gilmore, Brooks, Burk, Herrin, Markel, McMichael, Harvey None None RES. 65-200 RESOLUTION 65-200 AUTHORIZING INDENTURE EXECUTION OF AN INDENTUHE BETWEEN S.P.CO. THE SOUTHERN PACIFIC COMPANY AND THE CITY OF SANTA ANA FOR AN EASEMENT FOR A WATER PIPE LINE AT EDINGER AVENUE was read by title. It was moved by Councilman Brooks, seconded by Councilman Herrin that fumther reading be waived and Resolution 65-200 be adopted. On roll call vote: AYES, COUNCILMEN: NOES· COUNCILMEN: ABSENt, COUNCILMEN: Gilmore, Brooks, Burk, Herrin· Markel, McMichael, Harvey None None RES. 65-201 RESOLUTION 65-201 AUTHORIZING D,:,:!~ EXECUTION OF A QUITCLAIM Dw.~ TO OWNERS OF RECORD (vehicular access, Warner east of Flower) was read by title. It was moved by Councilman Brooks, seconded by Councilman Herrin that further reading be waived and Resolution 65-201 be adopted. On roll call vote: CITY COUNCIL - 425 - December 20, 1965 AYES, COUNCII~4EN: NOES, COUNCILMEN ABSENT, COUNCILM~ Gilmore, Brooks, Burk, Herrin~ Markel, McMichael, Harvey None None CJ~GE O~DERS On motion of Councilman Herrin, seconded by Coun~ilman~urk and carried, Council approved the following change orders: Change Order 1 to contract with R. J. Noble for Project 1~7, construction of Segerstrcm, Raitt to Bristol~ $2~6~3. Change Order 2 to contract with C. E. Hurley Construction Co. for Project C-lO5, McFadden, Grand to Lyon, $235.35. Change Order ~ to contract with C. L. B~rch & Sons for Project D-52, storm drains in Grand and Fourth Streets, $1,782.75. Change Order 1 to contract with Griffith Co. for Project C-122, construction of Santa clara, Broadway to Main, and 17th, Fairmont to 200' east, $50~. AGMT. - On motion of Councilman Brooks, SUNFLOWER IMPROVEMENT seconded by Councilman Herrtn and carried, Council approved the agreement with Costa Mesa for construction of Sunflower between Raitt and Bristol. WRITTEN CO~4UNICATIONS VARIANCE &CONDITIONAL USE PERMITS On motion of Councilman Gilmore, seconded by Councilman Brooks and carried, Council ordered filed the following ccmmunications: Decisions made by the Planning Comm~ission or Zoning Administrator where no appeal has been filed. For affirmation by Council: V.A. 2192, Albert - use existing building as residence with less than required rear yard setback at lO14 N. French in R 3 district - APPROVED. L~R LICENSE APPLICATIONS - Casa Blanca, 614 W. 4th - ON SALE BEER & WINE TRANSF. (PERSON) C~,mm%ngs, 121 Eo Central - NEW ON SALE BEER Harvey's Sugar Shack, 3610-B W. Bolsa - ON SALE BEER TRANSF. (PERSON) The Olden Times, 2231 W. 5th - ON SALE BEER TRANSF. (PERSON) TRAFFIC CONTROL DEVICES - Installed or removed 12-1 through 12-14-65. AMBULANCE CHARGES - Cc~munication from Towner Manufacturing Co. cc~plaining of excessive ambulance charges. COURTHOUSE COMMITTEE - Cozmnunication from Noel G. Conway representing Bar Association Courthouse Committee askingto be notified of every meeting concerning the courthouse program. CITY COUNCIL - 426 - December 20, 1965 MEMORY LANE - Communications from Fashion Lane Shopping Center and Wilders, expressing favor toward the extension of Memory Lane~ and a bridge across the Santa Ana Freeway~ with preferably a street between Bullock's Fashion Square and Fashion Lane Shopping Center. SOUTH MAIN ASS'N. Ted Jessee, discussed with Council the South Main Improvement Association's request for a meeting between representatives of various agencies to discuss certain roads and highways either proposed or under construction, noting the need for a loop rather than an off ramp on Red Hill thence having to take MacArthur to South Main. The City Manager reported he and the Director of Public Works had met with County Road Commissioner, Mr. Koch, who was willing to meet but expressed the belief that the present design would carry twice the traffic of a loop; that the Director of Public Works is now studying this and will bring the Irvine people in to the study as suggested by Mr. Jessee. Councilman Markel suggested North Flower should be made into a different type of entrance and exit from the city. AUCTIOII-EERS After discus~ng the City Attorney's report regarding auctioneers' licenses, the Council instructed the Attorney to cc~pare our regulations with those of similar cities and report back, on motion of Councilman McMichael, seconded by Councilman Herrin and carried. TORANA ART LEAGUE Council discussed the proposed use of a building at Bowers Museum by the Torana Art League, questioning whether sales would be made. Councilman Brooks agreed to take up the question with the Museum Board and Foundation. In answer to Councilman McMichael's question, the Manager stated the building would be brought up to standard by the League and work could then be started on the parking of the parking lot. Councilman Burk asked for a plot plan of the Museum and grounds. RECESS At ~:30 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 Daniel Rider, First Baptist Church. Mayor Harvey introduced three eighth grade students frGn St. Anne's Catholic School in Santa Ana, attending the Council meeting. HEARING - Hearing was opened on the proposed P.P.S.A. ~13 alignment of Fairview Avenue,~ frcm a point about 1000 feet southerly of Warner Avenue to the south City boundary line, as proposed in Precise Plan Street Alignment ~13, and recommended by the Planning Commission Resolution 5756. The Clerk reported that notice of the public hearing was published December 1965, and no communications had been received. There being no response to the Mayor's call for testimony, the hearing was closed. CITY COUNCIL - ~27 - December 20, 1965 It was moved by Councilman B~ooks~ seconded by Councilman Markel and carried, that the City Attorney prepare an appropriate resolution approving the proposed precise alignment of Fairview Avenue between Warner Avenue and the south City limits as shown in Precise Plan ~l~o HEARING - Hearing was opene~ on Appeal 170 APPEAL 170-HARTMAN filed by David Hartman~ et al, from V.A. 2189-ALLISON HONER the Planning Commission's approval of Variance Application 2189 filed by Allison Honer to establish an off-street parking lot at 10OO W. 18th Street. The Clerk reported that notice of the hearing was mailed to property owners in the adjacent area on December lB, 1965, and that a petition with approximately 36 homeowners signing had been filed in opposition to the Variance. Councilman GiLmore disqualified himself because of conflict of interest and left the Council table. Mr. David Hartman~ 940 W. 19th Street, appellant, gave points filed in written appeal, noted a prior unanimous decision to deny a variance and that nothing had been shown to prohibit developing the property residentially, as it was zoned when purchased. Francis Kinney, 936 W. 19th Street, and Burr Rennis~ 1030 W. 18th Street, spoke in opposition to the Variance and Mr. Rennis gave pictures to Council for exhibit. Mr. Richard Honer~ representing Allison Honer Company~ and Mr. Monty Peters, spoke in favor of the variance application, stating the property would be used for employee parking and new car storage; that the conditions imposed would prevent disturbing the neighbors; that entrance would not be made from Towner. There being no further testimony, the hearing was closed. Councilman McMichael suggested the matter be returned to the Plarming Commission for determination of depth to which parking should extend from commercial street into residential area. CounciLman Brooks pointed out that the Planning Commission approval was temporary for a two year period. CouncJ~m~n Markel stated the property was R i when purchased and conditions on 17th Street should not be a factor in determining the re-zoning of 19th Street property. Councilman Burk was told by the Planning Director that if the owner of the property used the map prepared by the Public Works Department he would realize three R 1 lots with a square cul-de-sac. It was moved by CounciLman Herrin~ seconded by CounciLman Burk that Council deny the appeal and uphold the Planning Commission's approval of Variance Application 2189. On roll call vote: AYES, COUNCILMEN: Herrin, Burk, Brooks NOES, COUNCILMEN: McMichael, Markel, Harvey ABSENT, COUNC~L~iEN: None ABSTAINING, COUNCILMEN: GiLmore The motion haviDg been lost, the Mayor declared the appeal granted and Variance Application 2189 denied. the CoUncil table. CO~94ERCIAL-RES. DIST. CoUncilman Gilmore resumed his seat at It was moved by Councilman Brooks, seconded by CounciLman Herrin and carried, to centinue to March 21, 1966, action on the rec~mnendation from the Planning Commission proposing the amendment of the Municipal Code to add a new Commercial-Residential District. CITY COUNCIL - 428 - December 20, 1965 ?/ ZWEIG CONDEMNATION The City Manager submitted his report to Council regarding the request filed by Mr. Zweig to purchase excess parcel of land, King Street at terminus of 10th, which is contiguous to his property at ll02 King Street. He reported he felt no action should be taken by the City at the present time~ that adjoining street properties are no longer required and can be abandoned and attached to the property increasing its value~ that a third party interest clouds the title~ that 8th Street will be developed and it is to City's best interest to wait approximately two years to get benefit of ultimate full value. Mr. Manuel Zweig~ ll02 N. King~ again asked Council to consider placing the property for public auction~ and to stipulate any request to remove street barriers or fences on King Street would be denied. A research of prior action showed the Council had previously instructed the staff to proceed with an appraisal and put the property up for sale. The City Manager stated a recommended lot split and papers authorizing public sale would be ready for Council at its meeting of January 3~ 1966. SEAGRAVE FIRE It was moved by Councilman McMichael~ APPARATUS seconded by Councilman Burk and carried, that the request be granted to change the delivery time on fire engine~ bid by Seagrave under Spec. 626-8~ from "160 to 180 calendar days" to "160 to 180 working days". FINAL MAP 6074 at 21st and Hathaway~ be approved. It was moved by Councilman Gilmore, seconded by Councilman Burk and carried, that Final Map 6074 filed by R. A. Diedrich creating 5 lots TENT. PARCEL MAP 439 It was moved by Councilman Brooks~ seconded by Councilman Herrin and carried~ that Tentative Parcel Map 439 filed by Hadley H. Lidstrom creating two parcels between Euclid and Rosita on the south side of 6th extending to 5th Street~ be approved~ subject to conditions listed in the Planning Director's report dated 12-14-65. TE~. PARCEL MAP 441 It was moved by Councilman Brooks, seconded by Councilman Herrin and carried, that Tentative Parcel Map 441 filed by Hubert Melton creating three C i parcels on the north side of Edinger between Sullivan and Fairview~ be approved~ subject to conditions listed in the Planning Director's report dated 12-14-65. TENT. PARCEL MAP 442 It was moved by Councilman Brooks, seconded by Councilman Herrin and carried~ that Tentative Parcel Map 442 filed by W. So~merville and R. Jensen creating two LP parcels at the northeast corner of 4th and Lyon, be approved, subject to conditions listed in the Planning Director's report dated 12-14-65~ and alley requirement be waived. CITY COUNCIL - 429 - December 20~ 1965 SOLICITATION It was moved by Councilman Burk, seconded by Councilman Herrin and carried~ that the request from United Appeal & Missionary Army, Inc. to solicit door-to-door 1-1-66 to 7-1-66, be denied. CITY OF FOUNTAIN It was moved by Councilman McMichael, VALLEY seconded by Councilman Burk and carried, that the communication from the City of Fountaiu Valley suggesting certain changes in procedures and voting on issues before the Orange County Division of the League of California Cities, be received and filed. MOSQ. ABATEMENT It was moved by Councilman Markel, DIST. seconded by Councilman Herrin and carried, that Mr. W. D. 0barr, be reappointed to a two year term of office, ending 12-31-67~ as a member of the Board of Trustees of the Orange County Mosquito Abatement District. SURPLUS PROPERTY It was moved by CounciLman Gilmore, seconded by Councilman Brooks and carried, that Council declare properties surplus and authorize demolition as listed in Report 59-65 regarding house at 1232 W. 8th, and Report 60-65 regarding house at 724 N. Bristol. It was moved by Councilman Brooks, seconded by CounciLman Herrin and carried, that the following reimbursements be granted: Alice A. Weyant, 1919 W. 15th, Santa Ana~ $1~.02 for error in 1965 weed abatement program. Chrysler Motors Corp., Detroit, Michigan, $7,315.35 for construction of street improvements at 2020 E. 1st in exchange for dedication of ultimate right of way. BUS SUBSIDY Mr. Lorin W. Walters, 8300 Westminster, Westminster, appgared before Council regarding his communication requesting a subsidy to enable to continue the operation of the Santa Aha Bus Service. He stated he was unable to continue the operation of the buses with existing revenues; that he had taken over only the Santa Aha portion of the lines. Mayor Harvey read a letter from the Santa Ana Chamber of Cc~merce Transportation Committee regarding their inability to obtain information from the Santa Ana Bus Lines to see how the company was operating, but expressing their continuing interest in the matter. The City Attorney explained to Council that the franchise granted to the Claytons was a non-exclusive franchise; that to his knowledge no transfer had been approved by Council. It was moved by Councilman Gilmore, seconded by Councilman Burk that any request for subsidy be denied. The Chairman of the Transportation Committee of the Chamber of Commerce stated CITY COUNCIL - 430 - December 20, 1965 the Committee will continue to study the matter. The City Manager stated if Council is going forward with consideration of continuity of bus service the matter should be turned over to the staff to employ competent personnel to study and make a report. Mr. William Kelly, Minehardt, North Dakota, told Council he was sent by the Crown Coach Company because the Santa Ana Bus Service had been delinquent in making payments on their buses, to make a report to them if the bus lines could be operated at a profit and he felt that under better management the bus lines could run at a profit. Mr. Walters stated as far as he was concerned, buses would not be operating ai~c er tonight. Mrs. Myrtle Belcher, protested the discontinuance of the bus service which would prevent elderly people from getting around the City. Mr. Musack, prior owner of the Santa Ana Bus Service, told Council the buses would not stop running and he would work with the Chamber of Commerce to gain ideas to help keep bus service in the City. The motion to deny any request for subsidy was adopted. granted to advertise for bids for: It was moved by Councilman Gilmore~ seconded by Councilman Burk and carried, that plans and specifications be approved and authorization be Project 145, 8th Street from 560 feet west of Bristol to Shelton, opening date 1-11-66. One automobile, Spec. 621-59, opening date 1-3-66. SURPLUS MATERIALS negotiation obsolete and surplus cast iron Director's report dated 11-22-65. It was moved by Councilman McMichael: seconded by CounciLman Herrin and carried, that Council declare surplus ~ud authorize disposition by fittings listed in Finance TAXI CAB PERMITS It was moved by Councilman Burk, seconded by Councilman Gilmore and carried, that the request from Yellew Cab Co. for 12 additional taxicab permits be referred to staff for report at next meeting. BOND RELEASE It was moved by Councilman McMichael~ seconded by Councilman Markel and carried~ that bonds be released for Tract 5281, McFadden Avenue and Newhope Street. ADJOUBNMENT CITY COUNCIL On motion of Councilman~ Gilmore, seconded by CounciLman Brooks and carried, Council adjourned at 10:05 p.m. CLERK OF TEE COUNCIL - 431 - December 20, 1965