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HomeMy WebLinkAbout03-04-1968~ OF TI~E REGULAR ~£ING OF '%'~ CITX ~OUNCIL OF CITY OF SANTA ANA, CALIFORNIA Th March ,, 1968 e meetinE ,was :ealted to order at 2:00 ?.M. in the Council Chambers, 217 North ~amein Street with the following Councilmen present: Wade Herrin, :Walter Brooks, s E. Carlson, Lorin Griset, J. Ogden Markel, Thomas W. Thurman and-~yor Tern ~c~chael. Also present were City ~anager Carl J. Thornton, City ~ttorney $illiam L. Mock, Director of Public Works Ronald Wolford, plan~ing Director lan Stevens, -~a Clerk of the Council Doris M. Brown. On motion of Councilman ~arkel, seconded by Counc*l*h.,~,~.', Herrin and carried, the ~huutes of the Regular Neeting of 19, i968, ~ere approved as ~ubmltted. lid CALL ~ On moti~ of Counci!man Griset, seconded by. ;Councilman Brooks and carried, O~mncil approved opening date of March 26 for )i~ on Pro~ect C-15~ (I), sprinkler ~ystem for Prentice Park. gA£¥,.:. READING The full reading of ordinances -~ reaolu~ions, the titles of which appeared on the public agenda, was mived on ~otion o~ Councilman Brooka, seconded ~y ~ouncilman Herrin and manimous ly carried. NS-913 - A.A. ~619 ~ a'Jc'W ORDIKANCE NS-913 C~G DI~ICT ~0~ C~I~TI~ ON A~r A~LICATI~ 619 FIn~ ~ JO~ RO~ ~TIONAL D~I~ ~P 6-9-5 (~ ~ 619 B) (east side of ~tiago ~e~en i7th ~d Cata~) ~s aa~ ~ moti~ of Co~i~ Griset, ~ec0~ed by C~c~lm-~ Carlson. AYe: He~in, ~ooks, C~lson, Griset~ ~r~l, ~, McMic~el NOES: None A~: None · E AMenDMENTS - e ~ ~O Acting on the Manager, s rece~aendation, ~80~e~ MATTERS an ordt~-nce to amend Sections 2266 and ~268 of the Municipal Code regarding ~rsonnel matters .was deleted from agenda on motion of Councilman Grieet, ~econded by Councilman Nerrin and carrie~. March ~, 1968 RES. 68-23 - S.P.S.A. ~28 i~ESOLUTION 68-23 ADOPTING PRECISE EIGHTH STPJ~-r ALIGN~m~T ~r ALIGNMENT OF EIGHTH STRmmA' BETWEEN CUST~ A~D $~E~$TH STREETS AS SHOWN ON PRECISE PLAN OF STPd~T ALIGNMENT NO. 28 was adopted on motion of Councilman Carlson, seconded by Councilman Herrin. Nerrin, Brooks, Carlson, Griset, Markel, ~nurman, McMichael None None RES. 68-2~- - VA 67-119 RESOLUTION 68-2~ AFFIRMING THE CHRISTESON DEVELOPMENT CO. DECISION OF Tm ZONING ADMINISTRATOR AND GRANTING A VARIANCE ON VARIANCE APPLICATION 67-119 FI?.~n BY CH~ISTESON DEVELOPMENT COo, SD-BJECT TO CERTAIN CONDITIONS (north side of Santa Clara between Olive Lane and Westwood) was adopted on motion of Councilman Griset, seconded by Councilman Brooks° AYES: NOES: ABSENT: Brooks~ Carlson, Griset, Thurman, McMichael Herrin, Markel None RES. 68-2] I~ESOLUTION 68-25 DECLARING INTENTIOH RETII~i' SYST~ TO APPROVE AN A~t~ME~T TO CO, TItACT BET~ T~E BOAI~D OF ADMINISTRATION OF TME PUBLIC EMPL(Ff~' RETI~J~{E~T SYST~( AND THE CIT~ OF SANTA AHA was considered. The Manager explained that the proposal would provide an increase to retired employees. After considerable discussion Mayor McMichael asked for information frcm other cities and private industry operating under same type of contract. It was moved by Councilman Thurmsn, seconded by Councilman Brooks and carried, that the matter be continued to the next meeting and that all information regarding the matter be presented to the Council at that time. RES. 68-28 - D==,~S, NO CASH RESOIJJTiON 68-28 ACCEPTING b,:~.,,S FOR WHICH T~ CITY IS PAYING NO CASH CONSIDERATION (Clove-Walt Holding Co., Boyd, Carriage Estates) was adopted on motion of Councilman Griset, seconded by Councilman Herrin. AYES: NOES: ABSENT: Herrin, Brooks, Carlson, Griset, Markel, Thurman, McMichael None None FIRST STREET DEEDS Councilman Marksl requested that deeds for First Street be presented separately from any other deeds. CITf COUNCIL 386 March 4, 1968 Herrin, Brooks, Carlson~ Griset, Thur-~, HcMichael None - EESOLUTION 68-30 A~THORIZING EXE~PTION OF A qUITCLAIM D==,!, TO CLEVE-WALT HOLDING COMPANY was adopted on motion Councilman Grinet, seconded by Councilman Markelo AYES, NOES: ABS~w£: Herrin. Brooks. Carlson. Griset. Markel. Thur~,n~ NcMichael None None 66-31- 9~,, ABATE~g~T ~ EES~LUTION .68-31 DETERM/]~ANG AND ~IC ~NCE; ~ ~ D~0R ~C W~ ~ ~ST N~ ~0 D~ ~ ~,8 AS ~U~ ~ ~W; ~ T~ T~ ~R ~ O~TIO~ A~ ~$~. ~ D~T~ ~ ~ 'r.~S~F '~ ACC~CE W~ T~ GO~ CODE ~ T~ ~A~ OF · ~ ~s a~o~ed on m~lon of C~c~]-an Grist, seconded by C~ci~ e~. AYES: ABSENT: Nerrin. Brooks. Carlson~ Griset~ Marksl. Thurman. NcMichael None None RISTOL PROJECT 306 ~A~ Execution of agreement with Virginie Callens for reconstructing irrigation lines that cross Bristol Street within ;he project limits was authorized on motion of Councilman Griset, seconded ~y Councilman Herrin and carried. :IGA~ETTE TAX ~ ~5~ Council discussed League of California Cities Bulletin regarding cigarette tax allocation. motion of Counci~-~n Brooks, seconded by Councile~n Thurm-~ a~d carried, ~he City Attorney was instructed to prepare a resolution stating Council's ~position to the League of California Cities' stand on the distribution the cigarette tax, and that Council strongly favors distribution on same ~asis as sales tax~ point of sale or use. :ZT'f COUNCIL 387 aar A.B. 202 - ~ROWN ACT On motion of Councilman Brooks, seconded By Councilman Carlson and carried~ ~he City Attorney was instructed to prepare a resolution opposing Assembly Bill 202 which adds a section to the Brown Act to provide that a legislative body also includes but is not limited to, a~y advisory agency, board, commission, committee or other advisory boely of a local agency where public funds or personnel are used in connection with the work of such advisory body; stating Council's position that it is an imposition on home rule, and invasion of privacy; and that after adoption, copies of the resolutic~ be forwarded to our State legislators and the League of ~alifornia Cities, and request discussion at the next meeting of the Orange Council League of Cities. Janice Boer stated her opinion that Assembly Bill 202 was a fair bill. CO~rNT~ DISPOSAL FACILITY A Costa Mesa Sanitary District Resolution mrging Board of Supervisors to maintain the County Disposal Facility open on a 365-day per year basis, and requesting sfm~lar resolution be adopted by cities, was referred to staff for report back to Council on motion of Councilman Griset, seconded by Councilman Herrin and carried. RECESS present. At 3:45 P.M. a five-minute recess was declared. The Council reconvened at 3:50 P.M. with the same Councilmen ALCOHOLIC SEWERAGE LICENSE APPLICATIONS Applications were ordered filed: On motion of Counc~!mAn Berrin, seconded by Counc~lm, n Markel and carried, the following Alcoholic Beverage License Travelers ~nn Hofbrau, 30~ N. Broadway, New On Sale Beer; Honey Bee, 1411 E. 1st, On Sale Beer, Person Transfer; Kilgore) 1215 E.Pcmona, New On Sale Beer; E1BowHo~ 321 E. 1st, On Sale General~ Person Transfer; Lasso Bar, 610E. 1st, Hew Om 8ale Beer; The Cape, 2106TmstinAve.) New0n Sale Beer amlWine; Larry's Liquor, 203~ S. ~ain, New Off Sale General. VARIANCE A~D CONDITIONAL Decisions made by the Pla~,tmg C~mission I~SE PERMIT or the Zoning ~istrator, where no appeal has been filed, were affirmed om motion of Councilman Griset, seconded by Councilmam Herrin and carried~ for the following: VA 6~-1, BERAL - room addition to garage and residence which results in less tha~ require~ side yard in R 1 District at 2322 N. French - APPROVED; VA 68-2, ENIC~ERBOC.~'S - permit assembly of small electronic devices in C 5 District at 18o2 E. First - APPROVED; VA 68-3, G~,:~ and EAYMOND - apartment development with less than required land area and front yard in R 3 District at 829 No Minter - APPROVED; VA 68-5, m~VIN - permit antm~l hospital in C 5 IDistrict at 1401 S. Bristol - APPROVED; VA 68-6, ALDERA-A.£E & SMITE - storage building in required 10' rear yard in C 2 District at 1206 E. Fourth - APPROVED; COUNCIL 388 March 4, 1968 TAR~A~CE A~D C(~DZTIONAL USE P~4~ (continued) YA ~-7; ]~cLEAN ](OTOR CO. - l~elmtt washl~ of aGt~aobiles In strttcture ol~n cnn one side in the C 3 District at 9-01 N. ~tmh - APPR~FBD; CUP ~-1 - ~?.T.~ . construct ro~a additio~ saul establish home for the a~ed i~ 1~ 1 Diltrict at 17~ W; Richland - API~O~; CUP 6~-2,. 0~9~CX OF T~E ~E~SXA~ - c~truct additio~ to church in the P District at 61~ i. Bash - AI~ROVED. TRAFFIC ~ d~l~ b Report of control devices removed or i.talled 2/10/ - file~ on ~lon of C~ci~ ~ooks, sec~ by C~ci~ ~e~ ~d c~ie~. STOP SIGN - ~AT~ OFF RAMP The City ~-~=~er stateA that a ication hca bees receive~ fr~ the State Di~slon of ~Mys t~t they will rei~tall the st~p ai~ at the ~ia ~t~et elf ~ ef ~e ~ta A~ ~e~y lqEGULATZON ~L~7 City of Costa Mesa Resolution urging passage of state leg~slatie~ pr~vidiag for the right of cities to re~Alate waitresses ~ enter~ala,aeat was e~idereA. notion of C~neila~ Carlson, secomted by Councilman Karria and carrie~, ~he City Attorney was lm~tructeA to prepare .a resol~tioa i~ppc~'~lng the resolutica of the City of Costa Mesa. ~ ~ %~ At the request of Cov~cll~a~ ~arkel, the City ~r rep~ ~al~ t~ ~e7 ~1~ at ~10 West lat ~treet, a ~i~ for cut--bile ~ir t~t ~. ~ey appli&A f~ ~se ~i~ee ~ich ~a A~nied bY Z~ A~iat~ . ~ 10/~/~7; the ~ecision ~ aff~ by P~ C~asion ~ 10/~/G7; ~. ~7 ap~eal~ the Aeciaioa to Co,oil Cooneil overrule~[ the Planatng C~amllsion ami grante~ v,~:.67.~9~; this action coastit~te~ approval of applic~t', p~ vhi~ ah~6 the b~il6~ ~ the ~etback F~lle~in~ a Aisc~ssi~ of setbacks all alon~ First Street on~ the effect ~f the re-slip, seat, the Btaff was requested to BtU~y and report back to Couucil with a rec~e~aenAation, ~n ~tion of Co~ncil~u Brooks, seconded by C~uaeil~an Werria and carried. ItE~ ~0~ ~ O~ motion of Councilman Grlsot~ seconded by Councilman Herrin and carried, Council authorized rel~burse~ea~ to Empire Savings cna ~ Associatlon~ $,?.;EJ,~.OOj for'i~prove~ents constructe~ on 17th and Baker in exchange f~r ~e~icatic~ of ultimate street right Of way. March ~ALA~IES The ~amager's iepert dated 2/28/~8 - re~aAing increases for ~ariterion~ service was approved on motion of Councilman Brooks, seconded by Councilman Griset ami ~arried. MOBIL 0IL SITE AllEZATI~-]I The Manager' s report regaling Mobil 0il request to annex service station site located on northwest corner of Dyer and Grand vas considered ~y Council. It vas R~ved by C~cil~an Brooks, secomded by C~ei~ Ke~in, to appr~e ~e ~r's ~em~ti~ t~t ota~ ~ auth~ized to n~i~ the pr~y ~rs of the result~t C~ty il~ t~t mc ~her ~1 ~nti~s of their i~i~d~l pro~iel ~11 ~e acce~able to the City either ~Aer the preset ~rahips ~ ~ thi~ ~y merlhips reault~ ~ ~ sales or leaaeB of a~ller ~cela. ~ roll call NO~5 ~ AB~E~T: ~erri~, ~rook~, Carlson, Griset ~arkel, Thur~an, McMlchael lone Sum~LUH BUILDXNG Ga motion of Councilman Rerrin, seco~ed by Counciluan Carlson, Council ordered filed Report 3-~ reg~rdin~ ccgmercial building at 107 N. Bro~lway, declared the building surplus and authorize~ demolition. On roll call vote: Kerria, Brooks, Carlson, Orisot, Thurman, Mc~ichael Markel C~ ACTX~ ~lq0Gl~18 Counciluan Carlson reported orally recalling recent Federal legislation to require local governuental officials' participation ia con.malty action programs. He expained that the cc~mumity action pro,ram for Santa Ama is really orgamised on a County basis, an~ he thou~at it best to continue it on a County wida basis ama there woul~ be no need for Oity to take amy action. Co~neiluen Brooks ama Griset expressed an interest in participating, l~tleularly if the 0ounty does not act. May~r McMiehael asked Counclluan Carlson to Eeep ia touch with the leaders of the program and keep the Council iuformed. A,J~. TAlK rs SIDE,ALII Jim McMahon, Pacific Telephone Conpany, requested approval of Council fc~ installation of a 3,000 gallon fuel task onAeraeath sidewalk at their central office at ~th and B~sh Streets. After some discussion, it was moved by Counc~.~n Marke!, seconded by Councilman Griset, to grant permission for the installation of the ~,000 CITY COUNCIL 390 March 2, 1968 gallon Suel ~ank~ith the condition that Pacific Telephone Company will hold City harmless. It was moved by Councilman Brook~, seconded by Councilman Griset, to amend the motion to add that Pacific Telephone Company make safety precautions agreeable to the Fire Department, and no waiver of construction sZandards as required by the Fire Department. The amendment to the motion was passed on' roll~.call vote: AYES: ,NOES: ABSENT: 'Eerrin, Brooks, Carlson, Griset, Markel, Thurman~ McMichael .None None The amended motion was passed on roll call vote: AYES: NOES: ABSENT: Herrin, Brooks, Carlson, Griset, Markel, ThurmAn, McMichael None None :LICENSE WAIVER ~/%0 ~On~motion of Councilman Herrin, se~conded ~by Councilman Markel and carried, ~h~ business license fee was waived for a .swap meet~for charity to be conducted by The~Register~ March 24th. . ?!/~?.~. CNANGE OP~ER Q ~ q0 ~To~contract with Sully-Miller for A~.D. 2~ construction in Assessment District 23~ for $260.00 was approved on motion Of Councd]man'.Markel,- seconded~ by Councilman ;Herrin and carried. TOWN AFFILIATION ~BERSHIP Consideration of $300.00 membership ~O-~7 in~Tow~Affiliation program was tabled with request for more information, on motion of Councl!man Markel, seconded by Councilman Eerrin amd c~rried. RECESS At 5:40 P.M. the meeting was recessed to 7:BO P.M., at which time it was reconvened with the same Councilmen : present. Following the Pledge of Allegiance to the Flag, the Invocation was delivered by the Reverend H. ~yvelle Phillips of First Assembly of God Church. ~ECREATION AND PAREB ~-- On motion of Councl~m-u Brooks, seconded by Council~n Herrin a~d carried, Mim Nitta was appointed as a member of the B~ard of Recreation and Parks to fill the unexpired term of Fred Niedringhaus, ending July l, 1968. Mr. Nitta was given the oath of office by the Clerk of the Council~ and welcomed by the Mayor and Glen Evans, Vice Chairman of the Board. CITY COUNCIL 391 March ~, 1968 ASSESS. DIST. 226 Nearing was opened on the confirmation of work and costs for sewers in Assessment District 226, area of West Street north of Hazard. The Clerk of the Council reported the Notice of Nearing posted, published and mailed as required by law, with evidence on file, and that no written protests had been received. Orval Blanpea, 1014 N. West, asked how the assessment was spread and mentioned d~mages remaining to sprinklers and fences.. Nis questions being answered by the Public Works Director and no one else desiring to speak, the hearing was closed. On motion of Councilman Nerrin, seconded by Councilman Carlson, RESOLUTION 68-26 COIFAF4gING ASSESSMENT, ASSESSMEAer DISTRICT NO. 226, SANTA ANA, CALIFORNIA was adopted. AYES N(E S ABSENT Nerrin, Brooks, Carlson, Griset, Markel, Thurman, McMichael None None ASSESS. DIST. 233 Hearing was opened on the confirmation of work and costs for street improvements on Camille and on l~th, Assessment District 233. The Clerk reported the Notice of Hearing posted, published and mailed as required by law, with evidence on file, and that one written protest of cost had been received from Joseph G. Burns, which the Clerk read aloud° The Public Works Director reviewed the project. Mr. Joseph G. Burns spoke protesting the cost of the assessment and some inconveniences caused by the work. The hearing was closed. On motion of Councilman Nerrin, seconded by Councilman Griset, RESOLUTION 68-27CONFII~MING ASSESSMENT, ASSESSMENT DISTRICT NO. 233, SANTA ANA, CALIFORNIA was adopted. AYES: NOES: ABSENT: Nerrin, Brooks, Carlson, Griset, Markel, Thurman, McMichael None AM~N~. APP. 620 Hearing wes opened on an application filed by Lester W. and Florence J. Rohrs proposing amendment of Sectional District Map 31-~-9 to reclassify property on the west side of Glassell and the north side of Fairhaven from the County A 1 District to the C 5 and R 1 Districts. There being no response to the call for test,imony, the hearing was closed. A motion by Councilman Griset, seconded by Councilma~ Herrin, to approve the application and instruct preparation of an ordinance to reclassify according to Exhibit A, wes adopted. CITY COUNCIL 392 March $, 1968 ~APPEAL:206 -.VA .68-4Ca~ % 'Hearing was opened on an appeal filed DIAZ hy John S. Diaz frc~ Planning C~ission's denial of Variance Application 68-4 to co~s~ruct apartment building in the R 2 District at ~02-~06 E. Pine. Nobin Garrett, the contractor, presented the plot plan and explained the design of the building, and stated that they have gone by the rules of R 3 moning. The Planking Director explained that the project had been appealed to Council previously as VA 67-94 and was denied on 11/~0/67; that the present proposal meets the R 3 standards, but that the offstreet parking ~mrea is ~poorly designed and ~that there is only 26~ total open space in the entire development. Miss Edna Ingham, a resident of the 400 block on Pine, told the Council that she thought the propose~ apartment building would be an asset to the neighborhood. The hearing was 'closed. After some discussion, it was moved by Councilman Griset, seconded by Counc~lmu-Carlson, to grant the Variance subject to the conditions outlined in the Planning Deparment Comments dated 2/12/~8, which motion failed by the following roll call vote: AYES: NOES: ABSENT: Herrin, Carlson, Griset ~rooks, Markel, Thur=~n~ McMichael None Zt ,was moved by Councilman Brooks, seconded by Councilman Thurman, to uphold the action of the Planning ~c~ission and instruct the City Attorney toprepare a resolutiondenying Variance 6~4. On rOll call vote: AYES: NOES: AESF~-': Brooks, Carlson, Markel, Thttrman, McMichael Herrin, Griset None PARCEL MAP 541 ~0~~ ParcelMap ~1 flled by Santa Ana Unified School District creat~nE two Parcels on the east side of Bristol between Segerstrom and San Lorenzo, was approved subject to conditions in Plaaning Director's report dated 2/16/68, on motion of Counci]m-- Markel, seconded by Councilman Herrin and carried. WATER WE~. ~0~/ The application of Orange County Pump Company to drill one water production well at 4006 W. Westminster was referred to staff for investigation and report, on motion of Councilman Markel, seconded by Counci~-~- Brooks and carried. SOLICITATION APPLICATIONS and carried: The following solicitation applications were approved on motion of Councilman Brooks, seconded by Counci]m~ Herrin American National Red Cross, March Pentecostal Holiness Church Lifeliners (Youth Group), Candy Sale, commencing 3/1~; The Register, Swap Meet, March 2~th. CITY COUNCIL 393 MarCh 4, 1968 VA 2095 - TIME EXTENSION The fourth request By Suburbia, Inc. for a 90 day extension of time on Variance No. 2095 for construction of a 2~ u~it apartment at 806-1~ S. Cypress, approved By Council 12/5/66, was granted on motion of Councilman Markel, seconded by Councilman Herrin and carried. ','~£. TRACT 657) Tentative Tract Map No. 6573, filed by Willis Boyd, creating 29 lots on the southeast corner of Edinger and RitcheM, was approved subject to conditions in Planning Director's report ~ated February 28, 1968, and alley requirement waived, on motion of Councilman Herrin, seconded by Councilman Brooks and carried° BOND l~k~tw-ASE - TRACT 6250 Acting on the Public Works Director's report of completion of .improvements in Tract 6280, Aloha Street and Forest Avenue, bonds were released on motion of Councilman Carlson, seconded by Councilma~ Herrin and carried. oRANGE COUHTY HARBOR DISTRICT Councilman Markel reported on the recommendations for the Orange County Harbor District by the Orange County League of Cities ccmmaittee, of which he was a member. It was moved by Councilma- Markel that the City of Santa Ana ask for consideration to withdraw from Orange County Harbor District. The motion was lost for lack of a second. Council discussed at length the position for the City of Santa Ana to take in regard to the Orange C~unty Harbor District. It was moved By Council~-n Carlson, seconded hy Councilman Griset, that City Council accept the majority report of the Orange County League of Cities committee and authorize a representative from the Council to attend the meeting in Huntington Beach on March 7th an~ vote in favor of the reorganization outlined in the report. The motion failed adoption on the following roll call vote: AYES: NOE$: ABS~m'£: Herrin, Carlson, Griset Brooks, Markel, Thurman, McMichael None It was moved by Councilman Brooks, seconded by Councilman Herrin and carried, to study the matter further. CITY COUNCIL 39~ March ~, 1968 C~£~lIAL COmmITTEE ~ ~%- It was moved by COUncilman Carlson, see~l~ed by CoUncilman Markel an~ carried that na,~es be submitted to Mayor McMichael for discussiOn in Executive Session for the purpose of forming a steer~n_= c"~ittee for Saata Ana Centennial celebration in 19~9. ADJ0~M~T Councilman Brooks, seconded by CoUncilman Herrin and carried. There being no further bBsiness to co~e before the City CoUncil~ the meetin~ was adjourned at 9:50 P.M. on motion of Doris M. Brown Clerk of the CoUncil CITT COUNCIL 395 March ~, 1968