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HomeMy WebLinkAbout05-01-1967M/NUTES OF THE REGULAR MEETING OF THE CITY CCUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA ~y 1, t967 The meeting was called to order at 2:00 P.M. in the Council Chambers, 217 North Main Street. Roll Call was answered by Councilmen Wade Herrin, Walter Brooks, Lorin Griset~ Jo Ogden Markel, Thomas W. Thurman and Mayor Tom McMichael. Also present were City Manager Carl J. Thornton~ City Attorney William L. Mock~ Director of Public Works Ronald Wolford, Director of Planning Paul Van Stevens~ and Clerk of the Council Doris M. Brow~. APPROVAL OF MINUTES were approved. On motion of Councilman Herrin~ seconded by Councilman Griset and carried~ Minutes of the Regular Meeting of April 17~ 1967~ E~ECUTIVE SESSION At 2:05 P.M., the Council adjourned to Executive Session for approximately one and a half hours. The Council reconvened at 3:50 P.M~ with all Councilmen present~ PROJECT 201 - FLOWER STR~r On motion of Councilman Brooks, seconded by Councilman Markel and carried~ Council ordered filed report %of 5ids received for Project 201, Flower Street Improvement~ Talbert to Warner Avenue; awarded contract at unit prices to the low bidder, Sully- Miller Contrapting Company~ and rejected all other bids. PROJECT 205, PROJECT C-1NN, On motion of Councilman Markel~ ~I~PBOJECT D-66 seconded by Councilman Herrin and carried~ Counci~ ordered filem report of bids received for Project 205 - Segerstrom Avenue, Bristol to Flower; Bristol Street, Alton to San Lorenzo; Shelton Street, Segerstrom to Hemlock Way; Hemlock Way~ Shelton to Towner; Project C-144 - Spurgeon Street at Washington Avenue; Project D-66 - Storm Drain at Tenth and Bush Streets and Tenth and Spurgeon Streets; awarded contract at unit prices to the low bidder~ O. E. Henderson Construction Company; and rejected all other bids. BID CALLS On motion of Councilman ~arkel~ seconded by Councilman Herrin and carried~ the City Council approved plans and specifications and authorized ~dvertising for bids for the following: Uniform Rental Service, opening date 5/29/67; Project S-47 - Broadway from 6th to 19th; Project S-~4 - 17th Street from Santa Aha Freew~v to Lincolm Avenue and Lincoln Avenue from San~ Clara to ~90 feet south; opening date 5/29/67; Project 260 - Tustin Avenue from Catalina Avenue to the north City limibs~ Project C-135 - San%a Clara A¥~n~ frum ~0O £~=C west of Mantle Street to 100 feet west of Mantle Street and CITY COUNCIL -17R- May l, 1967 Santa Clara Avenue from SO0 feet west of Tustin Avenue~J T~st,Iu Avenue~ openiug date 6/1/67. ' ,, i: i :' ~ ::'~ , ,~ ORD. NS-874 A.A. 600 ce 4~ ORDINANCE NS-874 CHANG~ DISTRICT HUMBLE OIL CLASSIFICATION ON AM~m~UMENT APPLICATION NO. 6O0 l~r.wm~ ~ HUMBLE OIL & i~ING CO. AND AMENDING SECTIONAL DIWrEICT MAP 25-5-10 (EXaI~IT AA 600A) (Southwest corner of Dyer Road and Main Street) was read by title. On motion of Councilman Brooks, seconded by Couaci]m-n Markel and unanimously carrie~, the ordinance was passed to second reading with further reading waived. ORD. NS=875 A.A. 601 C~ *l ORDINANCE NS=875 CHANGING DISTRICT PLANNING CO~ISSION CLASSIFICATION OF ~MENT APPLICATION NO. 601 I~ITIATED BY '£.~: PLANNING CO~4ISSION A~D AMENDING SECTIONAL DISTR~CT MAP 26-5-10 (~IBIT AA 60lA) (North side of Adams, between Raitt St. and Flood Control Channel) was read by title. On motion of Councilman Brooks~ seconded by Councilman Markel and carried, the ordinance was passed to second reading with further reading waived. oRD. NS-876 ~ING NS-870 A.A. 598 ORDINANCE NS-876 ~NG ORDINANCE NS-870 TO CORRECT AN ERROR CONTAINED THEREIN was read by title. On motion of Councilman Brooks, seconded by Coancilman Markel and unanimously carried, the ordinance was passed to second reading with l~rther reading waived. ORD. NS-878 c~ ~ ORDINANCE NS-878 A)~DING AI~ICLE III, PARKING CNAPTER 2, P~ 6, OF T~ ~A ~ ~C~AL C~E ~ ~ S~ION 3261.5 T~OF TO ~UCE ~ H~S A ~C~ ~Y ~ PA~ ~N A~ ~z'~%' OR ~ T~ C~ ~s re~ by title. On motion of Coanc~l~n Brooks, seconded by Councilman Markel and unanimously carried, the ordinance was passed to second reading with i~arther reading waived. RES. 67-56 PURCHASE OF TAX D~:~.,.ED PROP~iT was read by title. RESOLUTION 67-56 OF THE CIT~ OF SANTA ANA Or~'.~mING TO PURCHASE S~ PARC~m-~ OF TAX D'~.~.t,ED PROP~F~ (ToCo Sale ~999) It was moved by Council,.-- Herrin, seconded by Councilman Brooks, that further reading be waived and ~he resolution be adopted° On roll call vote: AYES Ceunciimen Herrin, Brooks~ Griset, Narkel, Thurman, McMichael NOES: None AESE~T: None Cl'l~ COUNCIL ,: -173- May 1, 1967 RES. 67-58 RESOLDTION 67,58 ACCEPTING DEEDS FOR D~W~S - NO CASN ~i&~ T~E c~rY IS PAYING NO CASE CONSiDErATION (Dagood ¢onst., Erickson, Nollsmith Associates, Josam Investment ) was read by title. It was moved by Councilman Herrin, secomded by Councilman Brooks~ that further reading be waived and the resolution be adopted. On roll call vote: AYES Councilmen Eerrin, Brooks, Griset, Markel, Thurman~ McMichael NOES: None ABSENT: None RES, 67-59 REsoLUTIoN 67-59 AUTHORIZZNG EXE~ION CIVIC CE~ D~:i) OF A REAL PROPERTY CONTRACT ~ AND ACCEPTING A GRANT D~:~,] FOR TEE ACQUISITION OF PROPERTY FOR CMC CE~TE~ PROJECT NO. G. A. 401 (Lang) was read by title. It was moved by Councilman Herrin~ seconded by Councilman Brooks, that further reading be waived and the resolution be adopted, on roll 'call AYES: Councilmen Eerrin~ Brooks, Griset~ ~rkel, Thurm~%n, McMichael NOES: None ABSENT: None RES. 67-60 RESOLD~ION 67-60 ACCEPTING A DEED FOR D~m:f~ AND ESCROW WHICH TEE CITY IS PAYING A CASE CONSIDERATION AND A DEED IN EXCHANGE FOR WHICH THE CITY WILL MAE~ CERTAIN STP~z· ~PROVEMEJITS was read by title. It was moved by Councilm-n Herrin, seconded. DY Councilman Brooks, that~ 2ur~ker re~ding be waived and the resolution be ad~c~ed. O~ rolt~ll vote: AYES: Councilmen Herrin~ Brooks~ Griset, Markel, Thurman, McMiChael NOES: None ABSENT: None ~¢RES. 67-61 OFF~ TO PURCHASE - FITZGERALD RESOLUTION 67-61 AUTEOEtZ~NG ~EE .MAETNG OF AN OFFER TO PURCHASE REAL PRO?r~l'f was rea~d by title. It was moved by Counci]m~n Eerrin, seconded by Councilman Brooks, that further reading be waived and the resolution be adopted. On roll call vote: AYES: Councilmen Eerrin, Brooks, Griset, Markel,~ Thurman~ McMichael NOES: None ABSENT: None CITY COUNCIL -174- May 1, 1967 ~ Stating a conflict of interest, Councilman B~ooks left the Council table during action on the following item: ENCROAC~ME~ AGREEMENT ~ On motion of Councilman Herrin, seconded by Councilman Narkel and carried, Council approved and authorized execution of agreement with Allison Honer Co. and Mission Vie Jo Lighting Co. regarding encroaching sign and mar~uee~ .at 211 Main Street. Counci!m~n Brooks returned to the Council table. ~CROACNMENT AGREEM~ ~'~ On motion of Councilman Griset, seconded by Couneil,~u Markel and carried, Council approved and authorized execution of agreement with Milner Hotels, Iac o and Fairhaven Memorial Park, Inc. regarding encroaching sign at 604 North Main Street. AUDIT AGP~ ~%~'""f On motion of Councilman Markel, seconded by Councilman Thurman and carried, Council approved and authorized execution of Standard Audit Agreement with Diehl, Evans and Company for year ending June 30, 1968. WRITTEN CO~9~JNICATIONS The following communications were ordered filed on motion of Councilman Markel, seconded by Councilman Herrin ~nd carrfed ~ ~* ANIMAL AND RABIES CONTROL SERVICES - Board of Supervisors Resolution regarding effective dates of proposed new agreements for a~m~ls and rabies control services performed by the County. ~6 ASS~Z4BLY BILL 877 o Resolution from City of Newp9rt Beach expressiD~ its support for Assembly Bill 877 concerning preemption. ~A~sE~LY BIIL 806 - Resolution frcm City of Costa Mesa in support of Assembly Bill Noo 806 relating to an amendment of the Penal Code declaring the intention of the Legislature not to preempt the field of indecent exposure. ONE-WAY STI%m~'i'S - Letter from Nathan Rubaloff proposing the establishment of one-way streets in the area of First Street. COUNCIL VACANCY - Communications regarding Council appointment to position vacated by Councilman Burk from the following: Charlotte Ko Owen, Milton Vo Newcomer, No A o Ag~ierre, R. D~ and Echo E. McNeilly, and Cliff Frazier supporting appointment of Mrs. Janice Boer; William Boren opposing appointment of Mrs o Beer; James Po Loughran, J. S. Hill, Herbert L. Hill, John Wo Hill, and W. A. Giraldin supporting appointment of Waldo Haug o VARIANCE AND CONDITIONAL USE PE~ - Decisions made by the Planning Commission or the Zoning Administrator where no appeal has been filed. For affirmation by Council: VA b~-lb, CARLSEN - construct multiple unit structures on divided parcel at 1636 E. 6th in R-1 District - DENIED; C~IT CC~NCIL -175- May 1, 1967 VA 67-30, PEASE - permit construction of a drive-in type restaurant for Jack-in-the-Box, Inco and 52' high pole sign at 1430 Eo 17th in R-1 District - DEN/MD; VA 67-31, MABTINEz & MENDEZ - construct additional unit that will encroach into future right-of-way at 1802 W. 3rd St. in APPROVED; VA 67-35~ URBAN - construct room addition to within 15 ~t. of rear property line at 1133 So Arapaho Drive in R-1 District - APPROVED; VA 67-39, N~MAN - construct room addition which encroaches, into rear yard within 17' of rear property line at 2305 So Park Drive in R-1 District - APPROYED; CUP 67-2~ ELKS CLUB - construct additions to the existing Elks Club at 212 S. Elks lane in R-3 District - APPROVFDo ~,~..~I. ~ TRAFFIC - Report of control devices removed or installed 4/11 - PUC APPLICATION A letter was presented from Frank Go Michelena & Associates regarding Pacific Southwest Airlines~ application filed with the California Public Utilities Commission for flights from Orange County Airport to Sacramento, via San Francisco, stating the hearing is scheduled for May 15~ and requesting Council adopt a resolution supporting the application. It was moved by Councilman Griset, seconded ky Councilman Herrin~ that Council adopt a resolution urging approval of a schedule from Orange County Airport to Sacramento via San Francisco, without designating an airline. The resolution, ready by Councilman Brooks, entitled RESOLUTION 67-62 URGING THE PUBLIC UTILITIES COMMISSION TO APPROVE A REGDU_ARLY SCHEDULED AIRLINE SERVICE ~ROM ORANGE COUNTY AIRPORT TO SACRAMENTO VIA SAN FRANCISCO was adopted on roll call voteg AYES: Councilmen Herrin~ Brooks~ Griset~ Mc~Xlichael NOES: Councilmen Markel, Thurman ABSEi~ ~ None SALARY INCREASES The City Manager's report dated 4/26/6V recommending salary increases for meritorious service was approved on motion of Councilman Herrin~ seconded by Councilman Markel and carried. ALCOHOLIC BEVERAGE LICENSE APPLICATIONS for alcoholic beverage licenses were On motion of Councilman Thurman~ seconded by Councilma~ Markel and carried~ the following applications ordered filed: Half Crown~ 1238 E. Edinger, On Silver Dollar, 2038 So Main, On Speedee Mart~ ~513 Edinger, Off Sale Beer~ Person Transfer~ Sale Beer, Person Transfer; Sale Beer & Wine~ Person Transfer. COUNCILMAN OUT OF STATE Councilman Brooks requested permission to be out of State on May ~ and 5. The request w~s granbed on mubion of Councilman Thurman seconded by Councilman Eerrin. C1ET COUNCIL -176- May 1, 1~67 POLICE CO~ETEE REPOI~T ER UT Mayor McNlchael and Co~ucilman Markel presented their Police Committee Report to the Council, which was read by the Clerk. On motion of. Councilman Brooks, seconded by Councilman Griset and carrlcd, ~he report was ordered filed~ and both Councilmen were commended for the fine work they did on the C~lt~ee o The report rec ...... ended a revaluation of the starting pay scale of patrolmen and lower eschelon officers, the establishment of a mechanical data processing system within the department, and a closer liasion between the Santa Aha Police Department, the District AttorDey's office and the Municipal and Superior Courts. The recommendations were taken under advisement by Council. FIRST S"I~:~!' ~8 ~.~ C~uncilman M~rkel objected to a news- paper publication statimg the difference between his figures and the Staff's for the widening of First Street would be $500,000°00, which he said is absolutely erroneous, but asked the Council agaLu to consider his figures. Co~aenting that there was no reasou to go into it again unless Councilmam Markel had scmething new to submit, M~yor McMichael suggested C~unc~lm~- ~arkel try to smJmm-rize any information he has and submit it to the other Council members. In answer to a question by Councilman Brooks, the Manager reported that the money allocated for two intersections on First Street w~uld he spent only for that purpose; that Rristol a~d Main were the two under consideration; and that a recommendation to proceed would be presented very soon° ~'ZHEWORES C~, ~ On motion of Councilman Brooks secomded h~,~, by Councilman Herrin and carriad, Council approved permit to Southern California Dance Festival for ground level fireworks at the Stadium on M~y 19th. 51-269 to 51-259o On motion of Councilman Thur~ ~ s~¢omd~d by Councilman Griset and carried, Council authorized transfer of $30°00 from l~uud INS. URANCE DIV~ q ~ ~ The M~ager reported received of Workmen's ~ ~ ~ $ ~ C~ensation I~surance dividen~ check .for $55',85~.20 which represents B1.5% of premium for policy year, noting also that Samta Ana pays only 80~ of book in comparison to some cities which pay u~ to 260% of book. Om motion of Councilman Thurman secanded by ;Councilman Brooks and carried, Council ordered a letter ccmmending the employees be prepared and posted. SoBo 824 cM ~l Council received notice of hearing on Senate Bill 82~ which womld add two members, representing special districts, to each Local Agency Formation C~issieno The Mayor was asked to voice the Council's opposition to S. B. 824. c~ C0~NCIL -177- May l, 1967 RECESS At 5~45 PoMo the meeting was recessed to 7~30 PoM:, at which time it was reconvened with al! CounciLmen present. Following the Pledge of Allegiance to the Flag, the Invoca%ion was delivered by The Reverend Harris Mullen~ Associate Pastor of the Broadway SeventhDay Adventist Church° LYON & McFADDEN NoEo ANNEX Hearing Mas opened on proposed annexation of ab~t 37 acres a% Lyon and McFadden. The Clerk reported n~:ice of hearing published twice each in a newspaper in the City and in the County and mailed to property owners with affidavits en f~le~ an~ th~ no wrttCen protests had been received. There bedng no response to the Mayor~ call for testimony~ the hearing was closed. RESOLUTION 67~57 DECLARLNG THAT A MAJORITY PROTEST HAS NOT BEEN MADE AGAINST THE ANNEXATION 0F TF~RRITORY DESigNATED ~LYON & McFADDEE N oE~ ANNEX" was read by title. It was moved by Councilman Brooks~ seconded by Councilman Markel~ that the resolution be adopted~ waiving £urther reading° On roll call vote: AYES~ CounciLmen Herrln~ Brooks~ Orlset, Markel~ Thurman, McMlchael NOES~ None ABSENT~ ~one ORDINANCE NS-877 DECLARING THE ANNEXATION OF TERRD!OPY DESIGNATED ~LYON & McFADDEN NoEo ANNEX~ TO THE CITY OF SANTA ANA was read by title~ It was moved by Councilman 5rooks~ seconded by Cc~mncilman Markel~ and unanimously carried~ to pass the ordinan.ce to second reading~ waiving further reading° DOOR-TO-DOOR SOLICIT//~G The City Council considered two drafts of a proposed ordinance to regulate door-to-door so].icitir~ T~e following people spoke from the a!ldience opposing an ordinance prohibiti~ door-to- door soliciting: Lee Ze~el, 13812 Sand/o~urst~ Made/In Cenkar~ 806 South Flintridge Drive~ Gerald Goodwin~ 1~12 Muir Lane~ Rarris ~%lien~ Associate Pastor of Seventh Day Adventist Church~ Bill Wabson~ 2209 ~edwood Drive, Anaheim° Mrs° Jan Brown~ 902 So Elliott Place~ spoke in favor of a prohibitive or regulatory ordinance~ Council discussed the presen~ business license ordinance~ in zegard, to solicitors and exceptions for iutersta%e co~erce~ The City Manager explained tha~ a bus,ess license is really a tax, whereas a permit is something which is issued requiring i~vestigation and certain additional procedures~ such as prior clearance by the Police DepartmenUo On motion of CounciLman Brooks~ seconded by Councilman Griset and carried~ the matter was continued to the meeting of May 15 and the Staff directed to submit more information on the permit procedure° CITY COUNCIL -178- May 1~ 1967 PARCEL NAP 505 (~'~ On.motion of Councilman Herrin, seconded by Councilman Markeland carried, Council approved Parcel Map 505, filed by ~ane, creating three parcels south of Virginia and west of Lincoln, subject to conditions set out in the Planning Director's report dated April 21, 1967. PARCEL NAP 506 ~ ~ On motion of Councilman Herrin, seconded by Councilmau Markel and carried, Council approved Parcel Map 506, filed by Griffith, creating four parcels north of Edinger and west of Standard, subject to conditions set out in the Planning Director's report dated April 21, 1967. PARCEL MAP 507 th ~ ~ Onmotion of Counci~ma~ Nerrin, secc~ded by Councilman Markel and carried, Council approved Parcel Map 507, filed by Thomas Dixon, creating three parcels at the northwest corner of Euclid and Barbette, subJect to conditiens set out in the Planning Director's report dated April 24~ 1967o PALMISTRY ~ ~ ~ The request of Mr. smd MrSo John Guy~ to amend Section 4220 of the Municil~l Code to permit palm reading was discussed. Peter C°Tornay, attorney representing Mr. and Mrs. Guy, explained that his clients maintained that palmistry is a legit~w~te business, a form of entertainment which people seek voluntarily; that they would like to have the ordinance amended so that palmistry would be permitted in the City subject to regulations, such as police investigation. Mr. John Guy, 2018 W. Foothill Boulevard, San Bernardino~ also spoke. A motion was made by Councilm~n Herrin to continue the matter until the next meeting, which motion died for lack of a second. On motion of Councilman Th~mrman~ seconded by Councilman Griset and carried~ the request was denied. SANITATION DISTRICT APPOIItTME~T On motion of Councilm~u Thurman, seconded by Counc~lmau B~ooks and carried, the City Council appointed Vice Mayor Wade Herrin as the Alternate Director for Sanitation Districts l, 2, ~, and 7. NATIONAL C0N~'~C~ On motion of Councilman Griset, seco~ed . by Counc~lm~n Brooks and carried, Mayor McNichael was authorized to attend the United States Conference of Mayors in Hawaii, June 17-21 at City expense. On motion of Councilman Brooks, seconded by Councilm~n Griset and carried, ~ Councilmau who wishes to attend was authorized to attend the National League of Cities Annual Conference in Boston, July29 - August 2, and the Pre-Congress Workshop on Leadership for Urban Social Problem Solving~ July 27~28, at City expense° CNARITABLE SOLICITATIONS 0n motion of Councilm~n Herrin, seconded by Councilma~ Griset and carried, the following solication applications were approved: CITY COUNCIL -179- May 1, 1967 (a) Santa Ana Chapter of Denver Colorado Eome for Asthmatic Children, CARIH, May i toM ay 75 (b) Muscular Dystrophy Association, Tag Day in shopping centers~ May 6~ (c) United Cerebral Palsy Association, house-to-house May 19 - May 21o REINBt~SEMENTS the following was approved: On motion of Councilman Markel, seconded by Councilman Brooks and carried, the request for authorization to reimburse Humble 0il and Refining Company, 94,532°00 for improvements constructed at Fairview and Glassel in exchange for dedication of ultimate street right of ways First Western Bank and Trust C~mpany~ $6~553.00 for improvements on northeast corner of ~unflower and Bristol in exchange for dedication of ultimate street right of way° VA 66-67 DAV TItRI~T STORE EXTENSION OF TINE at 420 E. 5th Street° Co%uucil considered a request for extension of time for Variance Application 66-67, Disabled American Veterans Thrift Store On motion of CounciLman Thurman, seconded by Councilman Griset, the matter was continued to the meeting of May 15, and the Clerk instructed to invite the applicant to attend in order that Council may ascertain whether or not the conditions set out in SoAoMoCo 9250.8 (Ao2) are still existent. On roll call vote: AYES~ Councilmen Nerrin, Griset~ Markel, Thurman NOES: Councilmen Brooks, ~cMichael ABSENt: None ADJOUPaNMENT At 9:10 PoMo~ there being no further business to ccme before the Council~ the meeting was adjourned: on motion ~f Councilman Herrin~ seconded by Councilman Griset and carried° Doris N. Brown Clerk of the Council CITY COUNCIL