HomeMy WebLinkAbout12-04-1967NiN.TES OF THE REGU£AR MEETfNG
CITY OF SANTA AMA, CALIFORNIA
De cemb~r ~-~
The meetinK was called to order at 2:00 P.~. in the Council Chambers~ 21'( North
~in Street with the fol~Lowing Councilmen present: Wade Herrin, Wal~er ~rooks~
James E. Carlson~ Lorin ~riset, J. Ogden Markel~ Thomas W. Thu'rman ~nd Mayor
Tom MeMfch~el. Also present were Cd%? Manager Carl J. Thornton, C~cy Attorney
Wi]li~m L. Mock, Director of Public WorKs Eonald Wolford, Planning Director
Vsn 3~evens, and Clerk of ~he Council Dor~$ M. Brown.
M~gU.ES
NovenOer 20,
~, mo%ion of Counci~n Brooks, seconded
by Counc~in]~n Herrin and earr~ed, the
Mtnutes of tAe Regular Meeting of
1967, were approved as submibtc~.
ttADIO UN:LTS Councilman Thu_~manexpressed a conflict
of interest and w~s excused from
3ouncil Chamber. Council o~dered filed
repor~ of bids received for seven mobile radio units, Spec. 65~-1~3 awe~ded
contract to Orange County Radiotelephone Sera,ice, Inc., %he lowest best bid:
and rejected all other bids, on motion of Ccunci~.ma~ Brooks, seconded by
Councilman Herren and carried.
Councilman Thurman returned to the Council Chamber and took his place at the
Council table.
Or. mo%ion of Councilman Carisou, seconded
by Councilman Herrin and carried, the
City Cougcil ordered filed report of
bi~s received for truck, Spec. 641-130; awarded contrac~ to Sadd!eback Dodge,
Inc; and rejected all other bids.
DtQ4P TRUCK
w~s postponed to December 18.
On motion of Councilman MarKel, seconded
by Councilman Brooks and c&rried, award
of cozJ%rae~ for dump truck, Spec
BRISTOL PROJECTS ~06, C-157
by Councilman Brooks and carried.
Award of contrac~ for Bristol Projects
~06 and C-157 was postponed ~o December
on motion of Councilman Markel, seconded
BAS~BALL LIGHTING On motion of Councilman Brooks, seconded
PROJECT C-15~ by Councilman Marks! and carried, report
of bids received for baseball l~hting
at Jerome and Madison ParXs, Project C-154, was ordered filed; con~ract awarded
to Smith Electric Sul~ply; and all other bids rejected.
336
DecemOer h: 1~
SIGNAL On motion of Councilman Herrin, seconded
PROJECT T-13 by Councilman Carlson and carried, Council
ordered filed report of bids received for
Traffic Signal, Project T-13; awarded contract to D & N Contractors at unit
prices; and rejected all other bids.
STORM DRAIN C~ 5q ? Plans and specifications were approved
and bid call authorized for Project D-72:
V-1 Storm Drain west of Williams S%reet
from 17th to Santa Clara to be opened 12/25/67~ on motion of Cou3~cilman Herrln,
seconded by Councilman Brooks and carried.
READING WAIVED The full reading of ordinances and
resolutions, listed on the public agenda
by title~ was waived, on motion of
Councilman Brooks, seconded by Councilman Herrin and unanimously carried.
ORD. NS-899 ~a;~'~' ORDINANCE NS-899 CHANGING DIS~RICT
A. A. 613 - Planning Commission CLASSIEICATION ON AMENDMENT APPLICATION
N0.'6i3 INITIATED BY THE PLANNING COMMISSION
AND AMENDING SECTIONAL DISTRICT MAP l~-5-10 (EXHIBIT AA 613 B) (8th Street, Raltt
to Civic Center) was adopte~on motion of Councilman Griset, seconded by Councilman
Herrin. On roll call vote:
AYES~
NOES:
ABSENT:
Nerrin, Brooks~ Carlson, Griset, Markel, Thurman, McMichael
None
None
ORD. NS-900 <lB ~ ORD/NANCE NS-900 CHA~GING DISTEICT
A. A. 575 - Croddy CLASSIFICATION ON AMENDMENT APPLiCATiOM
NO~ 575 FILED BY W. Fo CRODD¥ A~
AMENDING SECTIONAL DISTRICT MAP 28-5-10 (EXHIBIT AA 575 A) (North s~e of
Talbert, between Harbor and River) was adopted, on motion of Councilman
Carlson~ seconded by Councilman Markel~ On roll call vote~
AYES:
NOES:
ABSENT:
Herrin~ Brooks~ Carlson~ Griset, Markel~ Thurman, McMicnael
None
None
ORD. NS-901
ORDINANCE NS-901 AMENDING THE SANTA
DOCUMENTARY STAMP TAX ANA MUNICIPAL CODE
TO CHAPTER 4, ARTICLE Ii THEREOF TO
PROVIDE FOR IMPOSING A DOCUmeNTARY STAMP TAX ON,HE SALE OF PEAL PROPERTY
was presented for adoption.
Lavelle Sanders~ 816 E. l~th Street, protested the adoption of the ordinan.ce
prior to a study being completed by the Board of Realtors.
The ordinance was adopted on motion of Councilm~ Brooks, seconded by
Councilman Markel. On roll call vote~
AYES: Herrin~ Brooks,
NOES: None
ABSENT: None
Carlson~ Griset, Markel~ Thurman, McMichaet
CITY COUNCIL 337
Dec,moor 4, 1967
ORD. NS-90~ ORDINANCE NS-902 CNANGIN~ DISTRICT
A. A. 614 - Klein CLASSIFICATION ON AI~rDM~IT APPLICATION
NO o 614 FILED BY LLOYD E. KLEIN AND
AMENDING SECTIONAL DISTRICT MAP 11-5-10 (EXHIBIT AA 614 A) (East side of
King, between 17th and 15th) was adopted on motion of Councilman Griset,
seconded by Councilman Herrin. On roll call vote:
AYES:
NOES:
ABSENT:
Nerrin, Brooks, Carlson, Griset, Markel, Thurman, McMlchael
None
None
ORD. NS-903 ORDINANCE NS-903 AM~[DING SECTION
LANDSCAPING 9230.143 OF PART 3, ARTICLE IX OF
TEE SAI~TA ANA ~IUNICIPAL CODE TO
REQUIRE LANDSCAPING AND MAINTENANCE OF FRO~T YARDS IN P (PROFESSIONAL)
DISTRICTS was adopted, on mo~ion of Councilman Carlson, seconded by
Councilman Brooks. On roll call vote:
AYES:
NOES:
ABSENT:
Brooks, Carlson, Griset, Thurman, McMichael
Rerrin, Markel
None
ORD. NS-~O~ ORDINANCE NS-904 AMENDING T~m SAI~A
VACATION LEAVE ANA ~JNICIPAL CODE ~ AMENDING SECTION
2255 OF CHAPTER 2, ARTICLE II
TO INCREASE T~E MAXIMUM LIMIT FOR VACATION LEAVE was adopted, on motion of
Councilman ~urman, seconded by Councilman Carlson. On roll call vote:
AYES:
NOES:
ABSENT:
Brooks, Carlson, Griset, Thurman, McNichael
Herrin, Markel
None
ORD. NS-905 ORDINANCE NS-905 AMENDING SECTION 3280
8P":""~ LIMITS ~ OF PART 8, CNAPTER 2, ARTICLE III OF
T~E SANTA ANA ~JNICIPAL C0~)E TO REVISE
SP~E~ LIMITS ON FLOWER STied'r, SEGERSTROM AVENUE, EDINGER AVENUE AND EIGRTH
STRmm-r was introduced for first reading.
On motion of Councilman Thurman, seconded by Councilman Griset and carried,
action was postponed until the next meeting.
ORD. NS-906 ORDINANCE NS-906 AMENDING TEE SANTA
METERED PARKING ANA MUNICIPAL CODE BY AM~tDING SECTION
3302 OF CNARTER 3, ARTICLE III T~EOF
TO AUTHORIZE T~E ESTABLISHMENT OF 2~-MINUTE PARKING ZONES IN CENTRAL T~AFFIC
DISTRICT "B" was introduced for first reading.
A motion by Councilman Markel, seconded by Councilman Nerrin, to postpone
consideration of the ordinance until the next meeting was unanimously defeated,
after it was explained that even if the Council decided to make a change in the
ordinance, no time would be saved by postponing action.
The ordinance was passed to second reading on motion of Councilman Thurman,
seconded by Councilman Griset and carried.
CITY COUNCIL 338
December 4, 1967
RES. 67-205 C~ ~
i~ESOLUTION 67-205 ESTABLISHING
PARKING - Main Street PANNING ZONES IN C~TRAL TRAFFIC DISTRICT
"B" was adopted, on motion of Councilman
Herrin, secomded by Councilman Brooks. ~n roll call ,vote:
AYES: Herrin, Brooks,
NOES: Nome
ABSEnt: None
Carlson, Griset,.Markel, Thurman, McMichael
RES. 67-206 ~6 ~3 P~SOL~TION 67-206 AFFIRMING TEE DECISION
VA 67-88 OF TEE PLANNING COMMISSION AND DENYING
APPEAL ON VARIANCE 67-88 (open air sales
and swap meet) was adopted, on motion of Councilman Thurman~ seconded by
Councilman Brooks. On roll call vote:
AYES:
NOES:
ABSEI~T:
Nerrin, Brooks, Carlson, Griset, Markel, Thurman, McMichael
None
Nome
RES. 67-207 'D ~ ~ ~ ~ RESOLUtiON 67-207 AUTHORIZING ~(EC~TION
DE~S - NO CASH OF DE~ TO OWNERS OF RECO~D WITH NO
CASH CONSIDERATION (vehicular access)
was adopted, on motion of Councilman Herrin, seconded by Councilmam ~rooke.
On roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Brooks, Carlson, Griset, M~rkel, Thurman~ Mcl~ichael
None
None
RES. 67-208 ~ RESOL~TION 67-208ACCEPTING DEEDS FOR
D~s~S - NO CASH WHICH T~ CITY IS PAYING NO CASH
CONSIDERATION (~latt (3), Taney,
Hilditch~ Empire Savi~ andLoan) was adopted, on~otion of Coumci~a~ Herrin,
seconded by Councilman Carlson. On roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Brooks, Carlson, Griset, Markel, Thurman, McMichael
None
None
RES. 67-209 RESOLUTION 67-209 AUTHORIZING EXECUTION
EE~INGWAY DEE~ OF A DE~ TO WALTER AND ANNA HEMINGWAY
FOR THE SALE OF SURPLUS PROPERTY FOR A
CASH CONSIDERATION OF $7,892°50 was presented for adopt%omo Councilman Markel
and Janice Boer spoke in opposition.
The resolutioh was adopted, on motion of Councilman Brooks, seconded by Councilman
Griset. On roll call vote:
AYES:
NOES:
Herrin, Brooks, Carlson, Griset, Thurman, McMichael
Markel
None
CITY COUNCIL 339
December 4, 1967
RES. 67-210 ~DL~TION 67-210 ACC~rING D~S FOR
D":,!~,S - CASH T~ W~G 0F F~T S~ FOR ~ICH
T~ C~ IS PAT~G A CASH C0~TION
(Hopk~s, Sa~dere) was presente~ for aaoption. Co~ci]ma~ ~rkel requeste~
that the deeds described in the re~oluti~ be conside~d individ~l~ ~d a
m~ion to ~ve separate resolutions ~itten died for ~ck of a second.
It was moved by Councilman Brooks, seconded by Councilman Carlson, that
Resolution 67-210 be adopted. Councllm-- ~arkel spoke in opposition, with
particular reference to the Saunders property and'a parkiug requirement.
The mOtion~ to adOPt the resolution carried, on roll ~ote:
AYE~:
HOES:
A~m~£:
Herrin, Brooks, Carlson, Griset, Thurman, McMichael
Marke 1
Hone
~ECESS
At 3:15 P.M. a five minute recess was
declared. The meeting was reconvened
at 3:~5 P.M. with all Councilmen present.
67-211
- CASK
COUa~lmam Thurm-~ expressed a conflict
of interest and was exCused from the
Couacil Chamber.
P~OL~TIOH 67-211 A~ORIZING THE EXCHANGE OF PROP~IES ~ THE CIT~
AND W. W. A~ MARGAHET H. HARDING 0N!T~E NO~H SIDE OF FIRST STRs~'£, WE~T
OF ~A~ ST~-r, W±Ta CASH CONSIDERATION DHE TO THE Cl~ was presented.
The City _M~nager displayed maps of the First Street projects, showing all
parcels i~volved and the acquisition and surplus property sales made by
the City. C~mncil discussed at length the problem of private ownership
of undersized parcels such as the ~aunders remainiug parcel. It was agreed
that the staff should seek a covenant agreement, with such an owner, that
the parcel be recognized as a portion of an adjacent, lot.
It was moved by Councilman Griset, seconded by Councilman Herrin, that
Resolution 67-211 be adopted. Om roll call vote:
AYES:
HOES:
ABSENT:
Herrin, Brooks, Carlson, Griset, McMichael
Marke 1
Thurman
Councilman Thurman. returned to the Council table.
RES. 67-212 RESOLUTIOH 67-212 AUTHORIZING TEE
D":~ - CASK ~CEANGE OF PROPERTIES BETW~ THE
CITY AND ALFR~ J. G~TIERREZ AND
F~'!'W.~A GUTIEalLEZ ON THE NORTH SIDE OF FIRST STREET, EAST SIDE' ~OF HESPERIAN,
WITH CASH CONSIDerATION DUE TO T~.' GRA~THE was 'adopted on motion of
Councilm-- Griset, seconded by Councilman Carlson; On roll call vote:
AYe:
NoES:
AB~E~T:
Herrin, B~ooks, Carlson, Griset, Thurman, McMichael
Marke 1
None
cIT~ C0~N¢IL 3~0
December 4, 1967
SU~FLO~ IMPROVE~E~f On motion of Councilman Brooks, seconded
by Councilman Herrin and carried, the
City Council approved and authorized
execution of agreement ~with County of Orange for improvement of Sunflower
Avenue betwc~n the Santa And-Delhi Cha~nel and Main Street o
POPULATION AG~EEME~r O-~?JJ%~ On motion of Counc~ 1man Herrin, seconded
by Co,~Uci!~a~ Griset and carried, execution
of agreement with the State Department of
Finance for population estimate for the Cit~ e~~ Santa Ama was authorized~
DIVISION OF EIGRWAYS
Division of Highways communication
regarding projected street improvement
needs report, due May l, 1968, was
ordered filed on motion of Counc~!maB Markel, .seconded by Councilman Griset
and carried.
ASSEMBLY COM~£','£EE HEARING~ Council received from the Metropolitan
RE WATER PRICING, M~D ACT Water District, Notice of Nearing by
Assembly Committee on Water, December 12
and 13, in Los Angeles., to study provisions of MWD Act~ re.lating to water pricing~
It was moved by Councilman Herrin, seconded by Cotmcilman Griset and unanimously
carried, that the City Council go on record as supporting the position of the
Orange County Water District.
ALCOHOLIC BEVERAGE LICENSE The following Alcoholic:Beverage License
APPLICATIONS . Applications were consi&ered:
Dancer's Corner, 1~38½ S. Main, ~n Sale General, Person Transfer~
Lemon Tree, 2317 W. 1st, New On Sale Beer & Wine;
Stop 'N Go, 4~10 W. 5th, On S~le Beer & Wine, Person Transfer~
7-11, 1220 N. Bristol, Off Sale Beer & Wine, Person Transfer~
7-11, 2231 W. 5th, Off Sale Beer & Wine, Person Transfer3
Chico Club, 318 E. 4th, On Sale General, Person Transfer;
7-11, 1206 S. Standard, Off Sale Beer & Wine, Person Transfer;
7-11, 24~1 N. Fairview, Off Sale Beer & Wine, Person Transfer;
Paul's Mkt., 916 E. Stafford, Off Sale Beer & Wine, Person Transfer~
It was moved by Councilman Herrin, seconded by Councilman Griset ~ud carried,
that a protest on the Lemon Tree, 2317 W. 1st, be filed with the Alcoholic
Beverage Control Board; and the other applications be ordered filed.
TRAFFIC C~'° Report of control devices removed
or installed 11/22 - 11/27/67,
was ordered filed on motion of
CounciLman Herrin, seconded by CounciLman Markel and carried.
crr COUnCiL 341
December 4, 1967
VARIANCE A~ C0~DITIONAL Decisions made by the Planning Commission
USE PER~ or the Zoning Ad~inictrator, where no
appeal has been filed, were ordered
filed on motion of Councilman Griset, seconded by Councilman Carlson and
carried, for the following:
VA 67-100, CAMPBEI~ - Room addition encroachin~ into required rear
yard at 3005 W. Wisteria Place - APPROVED;
VA 67-101, ~P~E SAVINGS & LOAN - sign in excess of 35 feet in C 1
District at 1200 W. 17th - APPROVED;
VA 67-103, AMSDEN - two additional dwellings in R 2 District at 3627
W. Camtlle- APPROV~;
CUP 67-7, CALVAI~ BAPTY~T CIlURCK - ~tilize proposed commercial
building and provide offstreet parking in K 1 District at
W. First - APPROve.
TAX 1~ LAWSUIT Acting on the City Attorney's rec~endation,
the City Council, on motion of Councilm~n
Griset, seconded by Councilman Herrin and
carried, authorized the County Counsel to represent city in W. T. Grant vs.
Santa Ann for tax refund.
CIGARETTE TAX After receiving a report on proposed
formula for distributing cigarette
taxes~ it was moved by Councilman
Brooks, seconded By Council~au Nerrin and carried, that the City Council
order :the report filed and await l~m~cher ~n~or~ation an~ action by the League
of California Cities.
MERIT INCI~EASES On motion of Councilman Nerrin, seconded
by Councilman Griset and carried~ the
City Council approved Manager's report
dated 11/29/67 reco~aending salary increases for meritorious service.
NOI~E RULE After considering the proposed Statement
on Hcme Rule, it was moved by Councilman
Brooks, seconded by Councilmm~ Griset
and carried, that the report be ordered: filed and City Council await further
study by the League of California Cities.
F~REWO~ An application filed by the junior
ChamBer of C~erce for an aerial
salute at the begtn~-~ of the
Christmas Parade on December 9th was approved, ca motion of Councilman
~errin, secon~e~ by Councilman Brooks and carried.
ORAL C01~CATIONS
Safety and Housing.
A question by Council~u Markel for
the necessity of lath inspection wes
referred to the Director of Building
In answer to a question by Councilman ~arkel, the pl--ning Director reported
CIT~ CO~C~L 3~2
December ~, 1~67
that it womld be approximately six months before the sign ordinance will
be completed.
Councilman Thurman voiced concern about misrepresentation om building permits°
The City Manager c~ented that the recent incident involving the Hanson
variance has been reported to the controlling State agency~ and he is
discussing site iuspections with the Building Directoro
Mayo~ McMichael reported on his attendance at the Btatewide Conference Gm
Underground Utilities and commented that under the new P~C ruling, the
Ediscm Company budget allowance for undergrounding utilities in Santa Aha
will be $138,000.
In answer to a question by Counci~m-u Herrin regarding the Honer Company
property, the City Manager stated that it has always been the policy of
the City that the original cost for lighting is borne by the property owner;
that on the subject property 12 light standards would be required at $157o00
each, otherwise the present poles would have to remain after the wires are
placed underground.
Janice Boer commented that the speed limit on Fairview was too 1~; questiomed
whether 8th Street was finished; remarked about the problem of birds in
parkway trees on Lowell Street; and asked about a traffic count on Ross Street.
RECESS At 5:00 P.M. the meeting was recessed
to 7:30 P.M, at which time it was
reconvened with the same Councilmen
present. Following the Pledge of Allegiance to the Ftag~ the Invocation
was delivered by the Reverend Russell Burriss of the Church of the Brethren~
AMEND. APP. 615 Hearing was opened on an application
filed by Kimbrell to amend Sectional
District Map 4-5-9 by reclassifying
property on the north side of Santa Clara between Tustin Avenue and the
Newport Freeway from the R ~ to the R ~ District~ notice having been
published November 18th and no communications filed.
Ralph Van Buskirk represented the applicant. Charles Flanigan, 2304 East
Buffalo, Bob Weber, 2312 E. B~ffal~and Robert Morris~ 2216 Weber Circle~
spoke in opposition on the basis ~f single family development to the south
and anticipated traffic problems. There being no further testimony, the
hearing was closed. Co~u~cilmanMarkel suggested the property should remain
R 1 since ~Sa~ta Ana lacksR i property.
O~motion of Counci]ma~ B~ooks, seconded by Councilman Griset, the City
Council approved the reclassification and orderedpreparation of an ordinance
according to Exhibit Ac On roll call vote:
AYES:
NOES:
ABSENT:
Herrin, ~rooks, Carlson, Griset, Thurman, McMichael
Mark~l
None
CITY C (y~NC IL 3~3
December 4, 1967
LANDSCAPING Hearing was opened on the Planning
Cnmmission recmmmendation that the
Municipal Code be amended by adding
a section to define "landscaping" in the Zoning Ordinance~ notice having
been published November 18th with no communications filed. There being
no response to the Mayor's call for testimony~ the hearing was closed.
A motion by Councilman Griset, seconded by Councilman Carlson, to order
an ordinance prePared amending the Municipal Code as recc~mended in
Planning Resolution 5826 was adopted, on roll call vote:
AYES:
NOES:
ABS~£:
Hen-in, Brooks, Carlson, Griset, Markel, Thurman, McMichael
None
None
PARCEL MAP 532 Parcel Map 532 filed by Robert
Newcomb, creating three parcels
at the northwest corner of Santa
Clara and Tustinwas considered. John M. Hoy~ engineer~ and Robert
Newcomb requested waiver of the ~rainage fee against Parcel 2. The
City Attorney was asked to research the question of whether or not
such a waiver could be granted.
On motion of Councilm~n ]~rooks, seconded by Councilman Markel and carried,
the map was approved suhJec~ to conditions in Planning Report dated 11/28/67
and alley requirement was waived.
PARCEL MAP 533 Parcel Map 533 filed by C. M. Deardorff,
creating four parcels on the east Side
of Grand, north of Warner, was .approved
on motion of CouncilmA~ Griset, seconded By Councilman Herrin and carried,
subject to conditions in Pl-~ning Report dated 11/30/67 and alley requirement
waived.
MOSQUITO ABAT~N(ENT The City Council, on motion of Councilman
Markel, seconded by CounciLman Herrin and
unanimously carried~ approved the
reappointment of W. D. Obarr to a two-year term ending 12/31/69 as Santa
Ann's representative on the Board of Trustees for the Orange~:Cnunty Mosquito
Abatement District.
POLICE DEPARTMENT Council heard ccmments and information
presented by Frederick E. Hopper, 400~
Wo 5th~ on subjects he described as:
false statements made by City Manager Carl Thornton under penalty of perjury;
allegations made by City Manager Thornton reflecting adversely upon a Santa
Ann Register reporter; the Ten Point Program.
It was moved by Councilman Brooks~ seconded by~Councl]man Carlson and
unanimously carried, to receive, and file Mr. Hopper's comments and take
no action.
CITY COUNCIL
December ~, 1967
ORAL CO~NICATIONS In response to a question by Councilman
Markel about the widening of Main Street
at the southwest corner of First Street,
the City Manager commented that he would recommend this to the City Council in
the near future.
Councilman Carlson noted that the Reverend !~red Niedringhaus was retiring from
the Recreation and Parks Board after more than 20 years service and moved that
a commendation be presented to him at the next Council meeting. The motion
was seconded by Councilman Markel and u~-nimously adopted.
There being no further business to
come before the City Council, the
meeting was adjourned at 9:05 P.M.
Doris M. ~rown
Clerk of the Council
CI~ COUNCIL
December 4, 1967