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HomeMy WebLinkAbout04-03-1967~]~FfE~ OF THE RE~ OF Tm~ CITI COUNCIL OF TI~ CITY OF SANTA ANA~ CALIFOi~X/.A April 3, 1967 The meeting was called to order at 2:00' P.M. in the Council Cham~ers, 217 North Main Street. Roll call was answered by Councilmen James Gilmore, Walter B~ooks, Davis Burk, Wade Nerrin, J. Ogden Markel, Tom McMichael, and Mayor Harry H. Harvey. Also present w~re City Manager Carl J. Thornton, City Attorney William L. Mock, Director of Public Works Roual~ Wolford~ Director of Planning Paul Van Stevens, Clerk of the Council Doris M. and other department heads. MINUTES of March 20, 1967, were approved. On motion of Councilman McMichael, seconded by Councilw~ Burk and carried, Minutes of the Regular Meeting e~PROJECT~ 252 and On motion of Councllm~u Herrin, ~PROJECT C-1~6 seconded by Councilm-- Burk am~ csrrie~, Council ordered filed report of bids received for Project 252 - Euclid Street, Hazard to Westminster, ~t Project C-146 - Euclid Street south of Rolsa Avenue, and Bolsa Avenue east of Euclid Street; awarded contract to the low bi~der, 0. E. Henderson Construction Cc~apany; and rejected all other bids. BID CATmm On motion of Councilman Gilmore, seconded by Counci]mmaBro~ks and carried, the City Council approved plans ~ speciTicatious -~ authorized advertisfn~ for bids for the followiug: C~ ~(a) Project 201 - Flower Street, Tal~ert to Waruer~ opening i~ ~(b) Project 205 - Segerstro~ Ave., Bristol St., Shelton St., Ee~ulock Way, - Project C-1~4, Spurgeon Street at - Washed_retCh Ave. - Pro~ect D-66, Storm Drain, Tenth Street at Bush and Spurgeen Sts .; opening date 4/21/67. ORD. NS-872 - FIRST STREet O~DINANCE NS-872 A~ING SUB- SECTION (cc) OF SECTION 9271 OF THE SANTA AMA M~-CIPAL CC~E TO ESTABLISH ~ RIGHT OF NAY L~ES ON T~m NORTH SIDE OF FIRST STRm~£ FROM TOWNSEND STRUT TO STANDARD AYE~E was read' by'~tltle. Council received the report of the PuBlic WorkS Director concluding a re-calculation of estimates of costs still supports the rec~en~ation 3h that acquiring all rights of way from the north side is the most econ~tcal. Challenging the figures of the engineer, Councilman Markel stated the full take fr~m the north would be putting the City in the real estate business. C~ting he h~d spen% a good Bit of time with Councilman Markel stu~lyiug his figures, ~ expressing his appreciation for Councilman Markel' s diligence and sincerity, Councilman Eerrin stated he must still comclude CITY COUNCIL -152- Apri13,1~t967 that the most econcmuical and logical way is to take from. ~one side or the other and that a decision should be made without further delay. Councilman Brooks and Mayor Harvey supported this position. It was moved by Councilman Herrin, seconded by Councilman McMichael~ to waive i~zrther reading and adopt Ordinance NS-872. Speaking in opposition, Councilman Markel concluded he was not in favor of the program as it is outlined now; that it is engineeringly correct to come to the west side of Excelsior Creamery instead of going to Standard Street on the east and traffic could be f~nneled into the underpass with less diffi- culty. Councilman Gilmore suggested there are factors not measurable; that a second look should be taken in view of the changes sho~n in the alternate approach; that juS~mment factors not considered might alter the figures. The motion to adopt Ordinance NS-872, waiving further reading, passed on roll call vote: AYES: CounciLmen Brooks, Burk, Herrin, McMlchael, Harvey NOES: CounciLmen Gilmore, Markel ABSEiIT: None, .: :' ' RES. 67-38 - MAY0-BBW.~ FORMULA RESOLUTION 67-38 OF THE CITY COUNCIL OF THE CITY OF SANTA ANA Pk~.ATING TO LEGISLATION TO REVISE THE NAYO-~ FOR~JLA FOR THE ALLOCATION OF STATE GASOLINE TAXES was read by title. It was moved by Councilman Brooks, seconded by Councilman Herrin, that the resolution be adopted, waiving further reading. On roll call vote: AYES: Councilmen GiLmore, Brooks, Burk, Herrin, Markel, McMichae 1, Harvey NOES: None ABSE~IT: None RES. 67-39 - SELECT SYSTEM ROUTES RESOLb~ION 67-39 OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING MAP AND REPORT OF ROUTE~ 'FOR SELECT SYSTEM ANDL REQUESTING THAT SUCH SYST~2~ BE APPROVED BY THE~:CALIFORNIA HIGHWAY COMMISSION was read by title. It was moved by Councilman Brooks, seconded by Councilman Herrin, that the resolution be adopted, waiving further reading. On roll call vote: AYES: CounciLmen GiLmore~ Brooks, Burk~iHerrin, Markel, McMichael, Harvey NOES: None ABSENT: None (Note: See page 159 for Resolutions 67-37 and 67-~2) CITY COUNCIL -153- April 3, 1967 RES. 67-40 - VARIANCE 67-8 RESO~JTI~ 67-40 OVE~q~'LING DECISION OF T~ PLANNING C0~ISBION AND GRANTING A'VARIANCE ON VARIANCE APPLICATION 67-8, SUBJECT TO CONDITIONS was read by title. It was moved by COUncilman Brooks, seconded by Councilm-~ Nerrin, that the resolution be adopted, waiving further reading. On roll call vote: C~uncilmen Gilmore, Brooks, Burk, Herrin, Markel~ Harvey NOES: McMichael A~S~T: None 67-41 - C0~DEMNATION BESOLUTION 67-41 AOTNORIZ~ CON- DEMNATION OF AN EASEmEnT FOR ST1~2~'1' ~ PURPOSES AT THE NORTHWEST CORs~H OF SEV~T,:~.~rn AND SANTIAGO ~'£S was read by title. Noting that he~ had Just received scme information on this resolution, Councilm~n Markel requested that it be held over for two weeks. On motion of Councilman Burk, secouded by Counc~ma- Herrin and carried, cousideration of the resolution was postpone~ until the ~eeting of April 17. RES. 67-43 - INDENTURE RESOI/~I~ 67-43 ACCEPTING AN INDEI~WIRE FROM THE SO'JTHERN PACIFIC COMPAFf FOR WHICH T~ CITY IS PAYING A CASH CON- SIDERATION OF $2,030.00 was read by title. It was moved by Counci~w~ Brooks, socked by Councilman Herrin~ that the resolution be adopted, waiving further reading. On roll call vote: Councilmen Gilmore, Brooks~ Burk, Herrin, Markel, McMichael, Harvey NOES: None A~SE~T: None RE~. 67-44 - QUITCLAIM D~S RE~OL1}TION 67-44 A~ORIZI~G EXECb"2~ON OF Q~ITCLAIN D~:~'~S TO OWNERS OF RECOPY) ON THE WEST SIDE OF FAIl~IEW S0~TH OF SEVE~rmm~£~ STR6~T was read by title. It was moved by Councilma~ Brooks, seconded by Counetlm~n Herrtn~ that the resolution he adopted, waiving further rea~ing. On roll call vote: AYES: Councilmen Gilmore, Brooks~ Burk, Herrin, Markel, McMichael, Harvey NOES: None ABSEI~T: None ENCROAOH~ AG~k~M£ On moticu of Councilman Gilmore~ co seconded ~y Councilman Burk and carrie~, Council approved and authorized execution of agreement with ~uncan and Margaret Langton and Chicken Delight~ Inc. regarding encroaching si~n at 219 East 17th Street. C~i~C(~JNCIL -154- April 3, 1967 FLOOD CONTROL DISTRICT ~ On motion of Councilman Markel, seconded by Councilman Herrin and carried, Council approved and authorized execution of oooperative agreement with 0~ange County Flood Control District for fence along Santa Aha-Delhi Channel (FO1) in connection with Project 201, Flower Street, Talbert to Warner. CHANGE ORDERS execution of the On motion of Councilman Eerrin, seconded by Councilman Burk and carried, Council approved and authorized folloMing Change Orders: No. i to contract with American Pipe and Construction Company, Spec. 371-102, water transmission pipe for Segerstrom Ave., from Bristol to Flower, Increase $362.70; No. i to contract with Paul .Gardner' Corporation, Project T-11, Main Street traffic signals modifications, Increase $300.87; ~ ~ ~ (c) No. i to contract with Scott Brothers Construction, Project D-61, Storm Drain, 8th Street, Increase $266.00. ARTEHIAL HIGRWAY PROJECTS ~ ~? On motion of Councilman Brooks~ seconded by Councilman McMichael and carried, Council approved and authorized execution of the following agreements with the County of Orange for street construction: AHPP Project 365 - 17th, Bristol to Grand AHFP Project 366 - 1st, Townsend to Standard AH~ Project 367 - lat, Birch to Bush AHFP Project ~10 - Northeast Blvd., Santiago to Grand At 2:45 P.M. Mayor Harvey left the meeting temporarily. WRI'i'z'EN CO~UNICATIONS and carried: The following cr~mullications were ordered filed on motion of Councilman Brooks, seconded by Councilman Eerrin ACCOUNTANTS' REPORT- For period ending 12/31/66. LEGISLATIVE BUTJ.k~IN - League of California Cities B~lletin regarding legislation pending. TRAFFIC - Report of control devices removed or installed 3/14 - 3/22/67. VARIANCE AND CONDITIONAL USE PERMIT - Decisions made by the Planning Cozmnission or the Zoning Administrator where no appeal has been filed. For affirmation by Council. VA 67-13, ELKINS - delete requirement of 6 ft. masonry wall on north property line abutting residential property at 920 So Main St. in C2 District - APPROVED; CITY COUNCIL -155- April 3, 1967 VA 67-19, A-1 SANTA ANA RENTALS ~ permit fork lifts, cc~pressors, trucks and other wmreh~se equipment and various types of equipment used in light construction at 126 N. Harbor in C2 District - APPROVED; VA 67-23, ALLSTATE INSURANCE COMPANY - install unenclosed hydraulic hoist in the P District at 1750 E. ~th St. - APPROVED; VA 67-2~, RLYSTO~E - waive required 10' rear yard in the ~1 District at 1126-11~6 E. Washington - APPROVED; VA 67-29, CASE - use existing buildi~g for a pri~n~ shop in C1 District at 1108 W. 1st St. - APPROVED. A. B. 901 and A. B. 902 On motion of Councilm~u Brooks, POLICE COMPENBATIS seconded by Councilm~n l~arkel and carried, Council directed the City Attorney to prepare a resolution stating Council's opposition to Assembly Bills 901 and 902 regarding police compensation. A. B. ~21 and A. B. ~30 ~n motion of Councilman Brooks, secc~cled by Councilman Herrin and carried, the City Attorney was instructed to ~re~are a resolution stat~ Council's opposition to Asee~bl~:;.Bill~' ~21 and ~30 regarding Workments Compensation. S. B. ~7 - CIT~ A~D ~0 SCHO~LS On motion of Councilman Brooks, seconded by Couucilman Eerrin and carried, the City Attorney was instructed to prepare a resolution stating Council's opposition to Senate Bill ~7 regarding city aid to schools. A. B. 66 - ABANDONED ¥~ICT.W-~ Council Held a short discussion regarding Assembly Bill 66, procedure for removing vehicles abandoned on public or private property~ The staff was directed to prepare a report on this subject for presentation at the next Council meettBE. S. B. ~8 A~ S. B. 79 On motion of Councilman Brooks, OBSCENE NA~ER seconded by Councilman Markel and carried, the City Attorney was instructed to prepare a resolution stating Ccamcil's support of Senate Bills 78 and 79 regarding obscene matter. SALARY INCREASES The City Manager's report dated 3/29/67 rec~ending salar~ increases for meritorious service-, was:'$pl~w~d on motion of Cc~nc~m-n McMichael, seconded by Counc~==~ Burk and carried. ALCOHOLIC B~V~E LICENSE It was moved by Counci~ NcNichael, APPLICATIONS seconded by Counc~ ~=-~ Burk and carried, that the following Alcoholic Be.verage License applications be filed: Devil's Den, 3601 W. let, On Sale Beer, Person Transfer; Silver Room, ~02 W. Bolsa~ On Sale Beer, Person Transfer; CITY COUNCIL -156- April 3, 1967 Windj~mer, 2337 W. lst~ On Sale General, Persou Transfer; Kettle Liquors, 1314 N. Grand, On Sale General, Person Transfer; The Steak Out, 2317 W. lst~ On Sale General, Person Transfer. Mayor Harvey returned to the Council table. PLANNING COESSIO~ER'$ ABSENCE Mayor Harvey stated that a c~'*..,unication C ~ '~ ~ had been received fro~ Gordon Bricken, member of the Planning Commission~ requesting a three months leave of absence. On motion of Councilman Herrin, seconded by Councilman Brooks and carried, the c~unication was referred to the Planning Cc~mission for appropriate action according to the Charter° HERRIN'S ABSENCE APPROVED ah au Councilman Herrin requested permission to be out of the state, leaving on April 12 and being absent frc~ the April 17 and May i meetings. The request was granted on motion of Councilman Burk, seconded by Councilman McNichael and carried. PARKING ~h5 ~Z Councilm~n Herrin stated that he had been contacted by Mrs. Holbrook, 818 West Park Drive, at the corner of FlOwer adjacent to Jack Fisher Park, ccmplaining that she was unable to park in front of her house because of people visiting the park, requesting she be provided a parking space. The request was denied on motion of Councilman Brooks, seconded by Councilman McMichael and carried. Mrs. Janice Boer wanted to know why the street at the northeast corner of Washington and Bristol hadn't been widened when they put in the service station. The Public Works Director explained a variance was not required, therefore, dedication could not be required. RECESS At 3:3© PoMo the meeting was recessed to 7330 PoMo, at which time it was reconvened with all Councilmen present° Following the Pledge of Allegiance to the Flag, the Invocation was delivered by the Reverend Ge~ai6-~. Aulis, First Advent Christian Church of Tustin. ,~,~ ,~ INSTALLATION - PERSONNEL BOARD istered by the Clerk of the Council. Mayor Harvey introduced Robert Gunton~ newly appointed member of the Personnel Board and the Oath of Office was admin- APPEAL 190 - ALARCON, VA 67-20 Hearing was opened on Appeal 19©, filed by Ferman Alarcon from the Planning Commission's denial of Variance Application 67-20 to use an R2 parcel for ingress and egress to an auto salvage yard at 3402 Wo 7th. The Clerk reported notice of hearing had been mailed to adjacent property owners on March 28 with affidavit on file, and no written communications had been received. The applicant, Ferman Alarcon and Mr. Webb, lessee of the property spoke on behalf of the .appLication noting that the drive-*ay has been used for about 16 years; that it will eliminate trucks tying up traffic on 5th,Street;~ CITY COUNCIL -157- April 3~ 1967 that it will provide access for fire apparatus. Speaking in Opposition were Steve Koy~-% 3~L~ W. 7th ~ Ss~ Duran, 3~10 W. 7th express~-_= their opinion that the driveway ha~ not been used f~r 16 years; that the trucks were constantly tearing do~n the fence with mo to maneuver on the narrow street and creating a ~=erous traffic situation. The p1A~-ing Director described the area, reported the position of Staff an~ C.~---.~ssion to recognize variances granted by the County, of the roa~ a violation of the County variance; reporting that the streets are inadequate even for single family use he noted the people frc~ the ~,ediate area protest continued use because of dust and oil. There being no further testimony, the hearing was closed. On ~Aotion of Counc~m~ Brooksz seconded by Councilma~ Burk~ Council overruled the actic~ of the pl~ing Cc~lssicm an~ ~tructed the City Attorney to prepare a resolution grant~-~= Variance 67-20 for a period of five years subject to construction of a fence on the west property line that' will meet the Planning staff's approval. On roll call vote: AYES Councilmen Gilmore, Rro~ks, B~rk, Rerrin, Markel, Harvey ~OES~ McM/chael AESE~T: None TAXI OPERATOR APPEAL Hearing was opened On an appeal filed by Arl/n M. Fuller fr,-- the Police Chief's den/al of a permit to operate a taxicab. The Clerk of the Council reported that notices were mailed as require~ by the ]~anicipal Co~e. Inasmuch as Council receive~ a report that ~r. Fuller's California license has been suspended and yet Mr. Fuller ha~ a renewal certificate, the hearing was closed and the metter referred to the staff for investigation, on motion of Councilman Brooks, secon~e~ by Councilman Gilmore an~ carried. ~=~,, ABA~ Haarin~was opened on proposed weed abatament set by Resolution 67-~2. The Clerk rep~ed that the proper~y was posted on March 27 with Certificate on file. There hein~ no teotlmony~ the hearing was closed. RESOLUTION 67-~ ~DERING ~HE ~T~,:,.'~ SUPERI~r~e~ TO ABATE CERTAIN ~mm~S k~OF0~ DEC~ TO BE A ~-asL~¢ ~ISANOE ~ ~Av~aG T~ SA~E P~0VE9 was reed by title. It was noved by Counc~ XcN/¢h~el, seconded by C~unc~- Herrin, that the resolution be edopted, waiv~_= further rea~ing. On roll call vote: Councilmen Gilmore, Brooks, Burk, Herrin, Markel, ~c~i~ael, Harvey NOES ~ None None CITY CO,SOIL -158- April 3, 1967 ABANDONED ORANGE GROVES ~ ~'~ ~ro Roland Toner, 1311 S. Kilson Drive, spoEe about the problem in his neighborhood of abandoned orange groves an~ weeds. He read a number of letters giving details of the problem and requested ordinance to govern abandoned groves; ordinance to prohibit buses and trucks from using streets less than 20 feet wide; and asked for barricade to keep traffic off the dirt road. The matter was referred to the staff for evaluation and possible reco~m~endation to the Council. PARCEL MAP 503 c ~ '~ On motion of Counci]_m~n Herrin, seconded by Counci]mau Burk and carried, Council approved Parcel Map 503, filed by Erickson, creating four parcels south of Edinger and West of Grand~ subject to conditions set out in Planning Director's report dated March 22~ 1967, and approved waiver of alley requirement. PARCEL MAP 504 ~ ~¥ On motion of Councilman Herrin, seconded by Councilm~n Burk and carried, Council approved Parcel Map 50~, filed by Buck et al, creatiug three parcels north of Santa Clara and west of Tustin, subject to conditions set out in Planning Director's report dated March 29, 1967, and approved waiver of alley requirement ~ AMBULANCE SERVICE C ~ ~ ~ A letter from Wind Ambulance Service requesting the City Council to review the problem of uncollected accounts for ambulance services for calls dispatched through the Police Department ~as presented. Kenneth Bryant, 2020 N. Broadway, representing Mr. and Mrs° Aquino, owners of Wind Ambulance Service, explained that a large percentage of these calls are not paid and requested that the City study this problem and consider payment. Mr. and Mrs° George Aquino also spoke, stating that 80% of the calls from the Police Department do not pay~ and that 25% of these people give erroneous addresses. The Manager reported previous Councils have denied such claims for payment before. Councilm-n McMichael suggested a discussion between the staff and ambulance companies might solve some problems and bring about better understanding without bringing the City into it as far as paying the bills. It was then moved by Councilman McMichael, seconded by Councilman Herrin and carried, that if the ambulance companies are sufficiently interested in discussing the problem further with the Police Department and the City Manager's office, they should contact the City Manager to set up an appointment. RECREATION AND PARKS C~/ On motion of Councilm-n Markel, BOARD RESIGNATION seconded by Councilman Herrin and carried, the resignation of Mrs. Jeanne Gagnebin as a member of the Board of Recreation and Parks was accepted with regret and an expression of appreciation was ordered. CITY COUNCIL -159- April 3, 1967 SOLICITATION APPLICATION The application of ~he First Church of Go~'Sun~ay ~choo! De--eat for permission t? sell can~y b~ra door ~O ~ fr~m April 17 '~hrou~: ~ay 31 was approved on motion of cOUncilman ~errin, seconde~ by Councilman Burk a~ carrie~. RES. 67-37 - APPO~II~m~iT RESOLUTION 67-37 OF '£~ CITY COUNCIL WAT~ ~OA~ OF THE CITY OF SANTA ANA APPO~WME~T OF R. A. DAILY TO SANTA ANA RIVER BASIN REGIONAL WATE~ QUALITY COntrOL BOARD was read by title. ~ was move~ by C~Ancilman Brooks, secon~e~ by Councilman Herrln, that the resolution be a~opted, waiving further reading. On roll call vote: Councilmen Gilmore, Brooks, Burks Herrin, r~rkel, McMichael, Harvey NOB: A~SE~T: None RES. 67-42 - P.;,~"$, NO CASE RESOLUTION 67-42 ACCEPTING FOR WHICH T~J~ CITY IS PAYING NO CASH CON~IDEP~TION (Santiago De~l~ent Co, (2)~ Graf~ et ~1.~ Sa~o~) ~s read ~ title. ' It was moved by councilman Brooks, seconded by Councilman Herrin, that the resolution be adopted, waivin~ further rea~lng. On roll call vote: AYe: Councilmen Gilmore, Brooks, Burk, Herrin, ~arkel, McMichael, Harvey NOE~: None ABSm~: None ADJOUI~ There being no further business to came before the Council, on motio~ of Councilm-u Burk~ secended by Counci1man Eerrin an~ CezTie~, at 9:30 P.M. the ~eetin& was a~ourned to April 11, 1967s a% 7:30 P.M.s for the pu~ose of verifyin& and declaring the results of the Electi~. CLEBK OF THE COUNCIL CITY COUNCIL -1~- April 3, 1967