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HomeMy WebLinkAbout01-17-1966~CINUTES OF THE REGULAR N~ETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFOi~NIA January 17~ 1966 The meeting was called to order at 2:00 p.m. in the Council Chamber, 217 N. ~ain Street. Roll call was answered by Councilmen James Gilmore, Walter Brooks, Davis Burk, Wade Nerrin, J. Ogden Markel, Tc~ McMichael and Mayor Harry H. Harvey. APPROVAL OF MINUTES On motion of Councilman Herrin, seconded by Councilw~u B~ooks and carried, Council approved the Ninutes of the Regular Meeting of January 3, 1966, and the Adjourned Regular Meeting of January 10, 1966. Councllm~n Markel inquired about progress on his request for information from the City Attorney regarding withdrawal from or nullification of the Orange County Harbor District. Mayor Harvey asked the City Attorney to prepare submit to City Council his written report. BID AWARD - Oa motion of Councilman Brooks, PROJ. 1~5 seconded by Councilman ~4arkel and carried, Council ordered filed report of bids received for con- struction of 8th Street, Project 145, awarded contract to Industrial Contracting Co. Inc. at unit prices bid, sad rejected all other bids. j/ ORD. NS-830 ORDINANCE NS-830 CHANGING DISTRICT AA 571 - PLANNING CLASSIFICATIONS ON AMEND~E~ CO~S~ISSION APPLICATION NO. 571 INITIATED BY THE PLANNING COmmISSION AND AMENDING SECTIONAL DISTRICT MAP lO-5-10 (EYd{IBIT AA 571 A) was introduced by title. It was moved by Councilman Herrin, seconded by Councilman Brooks and carried, that further reading be waived and Ordinance NS-830 be passed to second reading. ORD. NS-834 ORDINANCE NS-834 CHANGING DISTRICT AA 572 - CORE"f CLASSIFICATIONS ON A~ENDME~T APPLICATION NO. 572, FILED BY ROSAR~.L~ CORBY, AND AMENDING SECTIONAL DISTRICT MAP 15-5-10 (EXHIBIT AA 572 B) was introduced by title. It was moved by Councilman Herrin, seconded by Counc~lm-u Brooks sad carried, that lhzrther reading be waived and Ordinance NS-834 be passed to second reading. ORD~ NS-835 ORDINANCE NS-835 CHANGING DISTRICT AA 574 - SEGERSTROM CLASSIFICATIONS ON AMENDN~NT APPLICATION NO. 574, FIT.~ BY HAROLD T. SEGERSTROM, ET AL., AND AMENDING SECTIONAL DISTRICT MAP 26-5-10 (EXHIBIT AA 574 A) was introduced by title. It was moved by Councilman Herrin, seconded by Councilman Brooks, that further reading be waived and Ordinance NS-835 be passed to second reading. CIT~ COUNCIL - ~44 - January 17, 1966 0HD. NS-836 On motion of Councilman Markel, FLY CONTROL seconded by Councdlm~n Herrin and carried, and at the request of Mr. John Waples of the Orange County Health Department this item was withdrawn from the agenda. BIRD RESOLUTION 66-8 AFFIRMING THE DECISION OF THE PLANNING C0~9~ISSION AND DENYING CONDITIONAL USE PERMIT ON APPLICATION NO. 209 FILED BY DONALD M. BIigD was presented to Council together with a request for a building permit to erect a sign advertising a parking lot at 1621 E. 17th, same property as under Conditional Use Permit 209. Mr. Willis Clemons, attorney for the Santa Aha Neon Sign Company, presented a rendering of the proposed parking lot sign to the Council, along with photo- graphs of the Buffums' sign, which he felt was simflar to the applicant's proposal; he cited other parking lot signs where companies advertised validated parking, and noted a building permit was denied Santa Aha Neon although the C 5 zone allows parking lots with signs therefor. Mr. Edward Agnew, Santa Aha Neon, answering Mayor Harvey, noted the sign was different from conditional use permit application by addition at bottom of "Parking for Patrons." The Planning Director commented on the denial of permits for the sign, noting no application had been presented bearing the parking designation; that in his opinion it was a device to frustrate the prior action of Council. Asked by Councilman GiLmore if the sign as proposed was a legal use, the City Attorney replied Council must determine if it advertises a parking lot. CounciLman McMichael suggested the new sign be returned to the Planning Commission for rulin~ since it may be legal as changed but he would not change his vote where the other parties to the action were not present to represent themselves. Mayor Harvey noted the Council must determine whether or not the sign complies with the ordinances. It was moved by CounciLman Brooks, seconded by CounciLman McMichael that RESOLUTION 66-8 AFFIitWffNG THE DECISION OF THE PLANNING COM~LISSION AND DENYING CONDITIONAL USE PERMIT ON APPLICATION NO. 209 FILED BY DONALD M. BIRD be adopted, waiviug further reading. Passed on roll call vote: AYES, COUNCILMEN: NOES, COUNCIIREN: ABSENT, COUNCILMEN: Brooks, Markel, McMichael, Harvey Gilmore, Burk, Herrin None It was moved by Councilman GiLmore, seconded by Counci~m-n Burk that ~he sign as submitted complies with the ordinance. Counc~lm~n McMichael voiced concern that the conditional use permit procedure was not being used since any sign such as this might be approved in the future. Councilman Brooks suggested the ordinances be reviewed for clarification. The motion that the Council find the sign as submitted today complies with the ordinance was adopted with Counci]m~ McMichael voting "no". RES. 66-9 RESOLUTION 66-9 0KOERING VACATION OF ABANDONMENT A PORTION OF STREET RUNNING NORTH FROM FIRST STR~mT ALONG THE WEST LINE OF THE SOUTHERN CALIFORNIA RAILWAY DEPOT GROUNDS ~ A PORTION OF SECOND STREET RUNNING FROM SAID WEST LINE EASTERLY TO THE TRACK OF SAID RAILWAY COMPANY, SAID STRF~'£S BEING UNIMPROVED, was read by title. It was moved by Cou/lcJlm~u Gilmore, seconded by Councilm~u Brooks that further reading be waived and Resolution 66-9 be adopted. On roll call vote: CITY COUNCIL - 4~5 - January 17, 1966 AYES, COUNCILMEN: NOES, COUNCILMEN: ABSE]~T, COUNCILMEN: Gilmore, Brooks, Burk, Eerrin, Markel, McMichael, Earvey None None RES. 66-10 RESOLUTION 66-10 CONSENTING T0 ANNEXATION DETACHMENT OF UNINHABITED TERRITORY FROM TNE CITY OF SANTA ANA FOR TEE PURPOSE OF PERMITTING THE SAME TO BE ANNEXED TO THE CITY OF TUSTIN UNDER THE NAME OF "PROPOSED YORBA STREE~I' ANNEXATION NO. 3" was read by title. It was moved by Councilman Gilmore, seconded by Councilman Brooks that further reading be waived and Resolution 66-10 be adopted. On roll call vote: AYES, NOES, RES. 66-12 DEEDS - NO CASE COUNCILMEN: COUNCILMEN: C0UNCIL~EN: Church, Nitta) was read by title. Gilmore, Brooks, Burk, Eerrin~ Markel, McMichael, Earvey None None RESOLUTION66-12 ACCEPTING WHERE THE CITY IS PAYING NO CASE CONSIDERATION (Birnbaum, Segerstram, Spahn, Bethel Missionary Baptist It was moved by Councilman Gilmore, seconded by Councilm-n Brooks that further reading be waived and Resolution 66-12 be adopted. On roll call vote: AYES, NOES, ABS~i', RES. 66-13 D~:,~I~S & ESCROWS COUNCILMEN: C0UNCIL~ZN: COUNCILMEN: GriffithBros.),was read by title. Gilmore, Brooks, Burk, Herrin, Markel, McMichael, Harvey None None RESOLb~ION 66-13 ACCEPTING D~w~S W~P~WE THE CITY IS PAYING A CASE CONSIDERATION (Sakioka, Anaya, Villa, Eerrera, Kavanaugh, It was moved by Councilman Gilmore, seconded by Counc~lmau Brooks, that further reading be waived and Resolution 66-13 be adopted. On roll call vote: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN: Gilmore, Brooks, Burk, Eerrin, Markel, McMichael, Harvey None None RES. 66-14 RESOLUTION 66-14 APPROVING AND AG~RR~ENT AUTHORIZING THE EXECUTION 0FAN COUNTY OF ORANGE AG~RR~ENT WITH THE CO~NT~ OF ORANGE FOR THE EXCNANGE OF PARCELS OF REAL PROPERTY was read by title. The Manager explained this was the exchange of ll7 feet between 6th and 8th Streets for 123 feet between 4th and 6th Streets. It was moved by Councilman Brooks, seconded by Councilman Herrin, that further reading be waived and Resolution 66-14 be adopted. On roll call vote: AYES, COUNC II2~EN: NOES, COUNC II~EN: ABSENT, COUNCILMEN: Gilmore, BroOks, Bark, Eerrin, McMichael, Narvey Markel None CITY COUNCIL - ~6 - January 17, 1966 CHANGE ORDER On motion of Councilman B~ooks, D-52 seconded by Councilm-n Gilmore and carried Council approved an amendment to the cost from $2,400 to $5,000 for Change Order 2 (approved 9-7-65) to contract with Charles E. Burch & Sons for Storm Drain Project D-52. RECESS At 3:16 p.m. a five minute recess was declared. The Council reeonvened at 3:30 p.m. with all Councilmen present. WRIT'~EN COMMUNICATIONS On motimn of Councilman Brooks, seconded by Councilm-a Herrin and carried, Council ordered filed the following communications: LIQUOR LICENSE APPLICATIONS - Anthony's Spaghetti House, 605 S. Harbor - NEW ON SALE RR~ & WINE Bourbon St. Liquors, ~14 W. 17th - OFF SALE GEN. TRANSF.PERSON ~PREMISES LaChiquita Groc .Store, 902 E. Washington - OFF SALE B~H & WINE TRANSF.PERSON Palm Beverage Liquor, 5019 W. Bolsa - OFF SALE BEER & WINE TRANSF.PEESON Southside Cafe, 420 E. Dyer - NEW ON SALE BEEH Walker, 3325 W. 1st - NEW ON SALE R,:,:~ VARIANCE & C0ND1TIONALUSE PERMITS - Decisions made by the Zoning Administrator or Planning C~mmission where no appeal has been ~filed: V.A. 2199, Cassidy - construct room addition encroaching into rear yard at ll21 N. Wright in R i district - APPROVED. V.A. 2201, Estrada - construct 4 unit apartment in co~w~ercial district at ll03 W. 5th - APPROVED. CUP 210, Buchheim - permit billboard in C 5 district at 1733 E. 17th - DENIED. FOUNTAIN VALLEY - Co~mm~nication recc~mending Board of Supervisors establish uniform criteria as to deficiencies, priorities, and expenditure of funds for flood control projects in relationship to overall needs of district aud area. TRAFFIC CONTROL - Devices installed or removed 12-14-65 through 1-11-66. CASE-SWAYNE R.H. Kopel presented Case-Swayne's request for permission to leave wooden fence in place which en¢~.~es into right of way on Mabury proposed for sidewalk area, showing pictures of the area. Mr. Henry Mohle, Assistant Public Works Director informed the Council that this street is in the plan for widening at some future time, but that there were no plans for changing the location of the curb. It was moved by Councilmau Markel, seconded by Councilmau Burk that the fence remain in place and the 4'6" sidewalk be approved. The motion carried with Councilman McMichael voting "No". CITY COUNCIL - 447 - January 17, 1966 JOINT POWERS Council considered a new draft of a proposed agreement with the County of Orange to establish a Joint Powers Authority for develop- ment of the Civic Center. The City Manager~ pointed out the document was identical to that presented January 10th with the exception of a change to restrict to two consecutive terms the offices of governing board members, and in Section 7 regarding the conveyance of certain properties upon acquisition. He also noted Exhibits had been prepared and attached. Copies of letters from the Chamber of C~erce supporting the agreement and fram Mrs. Janice Boer opposing the agreement were handed to Council. RESOUJTION 66-15 APPROVING AND AUTHORIZING EXECUTION OF A JOINT EXERCISE OF POWERS AGReeMENT BETWEEN THE CITY OF SANTA ANA AND THE COUNTY OF ORANGE CREATING THE ORANGE C(N/NTY CIVIC C~2~TER AUTHORITY. It was moved by Councilman ]~rooks, seconded by Councilman Gilmore that Resolution 66-15 be adopted, waiving further reading. A lengthy discussion of the agreement followed with Councilman Markel speaking in opposition, reading a portion of Janice Boer's letter. The motion to waive further reading and adopt Resolution 66-15 was adopted on roll call vote: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN: Gilmore, Brooks, Burk, Herrin, NcMichael~ Harvey Mmrkel ~one CITY S~L On motion of Councilm~n Brooks, seconded by Councilman Burk and carried, Council authorized placement of City Seal in Anaheim Stadium. ~JNDERGROUND lNG UTILITIES Councilman McMichael reported on his meeting with the League of California Cities Committee on Undergrounding Utilities. PUBLIC TRANSPORTATION Council discussed a letter from the Chamber of C~mnerce Committee on Transportation wherein they feel a public transportation system is essential; that a subsidy of the existing system is not a proper move; that private enterprise is preferred over a city-operated bus system; and that the Board of Directors should encourage the City to be receptive to franchising a competent operator. The possibility of granting an exclusive franchise was discussed and it was agreed the Manager should prepare material on this matter for Council. RECESS At 5:24 p.m. the meeting was recessed to 7:30 p.m. at which time the meeting reconvened with all Councilmen present. Following the Pledge of Allegiance to the Flag, the Invocation was delivered by the Reverend Russell Burris, Church of the Brethren. CITY COUNCIL - 4~8 - Janua~"y 17, 1966 Vice Mayor GiLmore presented Father John J. Reilly of Mater Dei High School with a resolution congratulating the football team on winning the California Interscholastic Federation Football Championship. ~embers of the team and coaching staff were introduced. HEARING - Hearing was opened on Amendment AA 576 - SCHECK Application 576 filed by Joseph N. Scheck proposing the amendment of Sectional District Nap by reclassifying from the R 1 to the C 2 district property north of Edinger between Bristol and Magnolia. Planning Commission Resolution 5761 recommended denial. The Clerk reported that notice of the hearing had been published January 6, 1966 in The Register and affidavit of publication was on file, and that no written communications had been received. Mr. Joseph N. Scheck, the applicant, stated that he was not able to have any lights or signs on his property with the present variance; that his property was across from a school, and in front of a gas station. Councilman Burk asked the Planning Department what the fundamental objection was to zoning a property C i or C 2 that is being used commerciall~v, and that could not be used for a residence. The Planning Director reported that the assumption was that a c~mmercial activity without restriction is not considered desirable in an R i zone; that if the property were rezoned the buildings could be removed and full commercial structures erected. There being no further testimony, the hearing was closed. It was moved by Councilman McMichael, seconded by CounciLman Herrin and carried, that the findings of the Planning Commission be upheld and the reclassification be denied. HEARING - Hearing was opened on Resolution GLASSELL & FAIRHAVEN 65-194 proposing annexation of land N.E. ANNEX described as Glassell and Fairhaven Northeast Annex. The Clerk reported notice of the hearing was published and mailed as required by law and evidence thereof was on file. There being no response to the Mayor's call for testimony, the hearing was closed. RESOLUTION 66-11 DECLARING THE ANNEXATION OF TERRITORY DESIGNATED "GLASSELL AND FAI_RHAVENNORTHEAST ANNEX" TO THE CITY OF SANTA ANA was read by title. was moved by Councilman Brooks, seconded by Councilman Gilmore that further reading be waived and Resolution 66-11 be adopted. On roll call vote: It AYES~ COUNCILMEN: NOES~ COUNCILM~I: ABSENT, COUNCILMEN: Gilmore, Brooks, Burk, Herrin, Markel, McMichael, Harvey None None APPEAL 172 Hearing was opened on Appeal 172 VA 2200 - GRIFFIN filed by Harold Griffin appealing one of the conditions imposed by the Planning Commission in its approval of Variance Application 2200 to use two R 2 lots for off-street parking and a metal building for storage at ll3 N. Gunther. The Clerk reported that notice of the hearing was mailed to adjacent property owners January ll~ 1966 and no communications had been filed. Mr. Griffin, the applicant, stated that he had acquired the two lots in question for parking; that it is not necessary that they have all of the space for parking at the present time, and asked for approval for the use of the metal building which is now on the property for use as storage space. The Planning Director reported this commercial property, as well as other similar properties in a ccmmercial strip of this type, is too small to provide adequate parking; CITY COUNCIL - ~49 - January 17, 1966 it was felt that a way should be found so that additional off-street parking could be provided without expanding the comercial operation, and this was the reason the "B" suffix was developed. On the matter of access to this building, ~r. Griffin explained that he would agree to make the access only from the alley. Mr. Richard Easter, ll4 N. Gunther, objected to putting a parking lot at this location. There being no further testimony, the hearing was closed. It was moved by Councilman Brooks, seconded hy Councilman Herrin and carried, that the Council overrule the Planning Co~mission and instruct the City Attorney to prepare a resolution allowing the building to remain standing and used for storage only during the length of this variance; to close the rear door and make access only from the alley and modiI~y Conditions 6 and ll to allow use of the building as indicated. FINAL MAP 5856 It was moved by Councilman McMichael, seconded by Councilman Herrin and carried, that Final Map 5856 filed by Elliott Company creating 36 lots on Adams Street east of Raitt, be approved, that the declaration of restrictions be recorded, that dedications on the map be accepted and the subdivision agreement be executed. TENT. TRACT 6144 It was moved by Councilman McMichael, seconded by Councilman Herrin and carried, that Tentative Tract 6144 filed by Russell Rohrs creating 50 A i lots on the east side of Wright, south of Santa Clara be approved subject to conditions in Planning Director's report dated January ll, 1966. TEIIT. PARCEL MAP 437 It was moved by Councilman Mc~Lichael, seconded by Councilman Herrin and carried, that Tentative Parcel Map 437 filed by Jacoba V. Vides and Natalio Vinoya creating 3 R i parcels on the east side of Euclid, south of McFadden be approved subject to conditions in Planning Director's report dated January 10, 1966. TENT. PARCEL MAP 440 It was moved by Councilman McMichael, seconded by Councilman ~{errin and carried, that Tentative Parcel Map 440 filed by T. R. Bolte Development Inc.~ and Erico, Inc., creating 4 M i parcels on the north side of Edinger west of Grand, be approved subject to conditions in Planning Director's report dated January 10, 1966 and alley requirement be waived. TENT. PARCEL MAP 444 It was moved by Councilman McMichael, seconded by Councilman Herrin and carried, that Tentative Parcel Map h44 filed by Clara E. Vose creating ~ R i parcels on the west side of Bristol, south of Memory Lane be approved, subject to conditions in Planning Director's report dated January 10, 1966. TE~T. PARCEL NAP 445 It was moved by Councilmsu McMichael, seconded by Councilman Herrin and carried, that Tentative Parcel Map ~45 filed by T. R. Bolte Development Inc., and Erico, Inc., creating 2 M i parcels on the east side of Standard, north of Pomona be approved, subject to conditions in Planning Director's report dated January 10, 1966 and alley requirement be waived. CITY COUNCIL - 450 - January 17, 1966 CLAIM - DELGADILLO It was moved by Councilman Gilmore, seconded by Councilman B~ooks and carried, that the claim filed by Virginia R. Delgadillo against the City be denied. BID CALLS It was moved by Councilman Gilmore, ~ seconded by CounciLman B~ooks and carried, that authority be granted for the advertisement for bids on construction of restrooms and recreation building, Northeast Park No. 2, opening date 2-15-66; and for installation of sprinkler system, Northeast Park No. 2, opening date 2-15-66. REIMBURSE - It was moved by Councilman Gilmore, FISHER seconded by Councilman Brooks and carried, that reimbursement be approved for Charles M. Fisher, P. O. Box 205, Tustin, $90,00 for street improvements in excess of local street standards at 2~15 W. 5th. SURPLUS PROPERTY It was moved by Councilman Gilmore, N/1ST ST. UNDERPASS seconded by Councilman Rrooks and carried, that amendment to Surplus Property Report 41-63 regarding property north of First Street underpass be approved, to provide for the demolition of buildings and the sale by auction March 21st of Parcel 2, with minimum bid $13,000.00. ADJOURNMENT At 8:~0 p.m., there being no further business to come before the Council, the meeting was adjourned to 7:30 p.m., January 25, 1966 in the Spurgeon Room of the Santa Aha Public Library, 502 W. 8th Street, Santa Aha, California for the purpose of a study session of the General Plan, on motion of Councilman Herrin, seconded by CounciLman McMichael and carried. DORIS M. BROWN CLERK OF THE COUNCIL CITY COUNCIL - ~51 - January 17, 1966