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HomeMy WebLinkAbout09-16-1968MINUTES OF '£.~. REGULAR Mmm..ING OF THE CITY COUNCIL OF THE CITY OF SANTA AlIA, CALIFORNIA September 16, 1968 The meeting was called to order at 2:00 P.Mo in the Council Chambers, 217 North Main Street with the following Councilmen present: Wade Herrin, Walter Brooks, LorinGriset, J. Ogden Markel, Thomas W. Thurman, and Mayor Tea McMichael. Councilman James Eo Carlson was absent, but was present for the evening meeting. Also present were City Manager Carl Jo Thornton, City Attorney William Lo Mock, Director of Public Works Ronald Wolford, Director of Planning Van Stevens, and Clerk of the Council Doris Mo Brown° M]IIUTES On motion of Councilman Griset, seconded by Councilman Herrin and carried, the Minutes of the Regular Meeting of September 3~ 1968, were approved as submitted. PROJECT 5003 - TRAFFIC SIGNALS On motion of Councilman Herrin, seconded by Councilman Griset and carrie~ Council ordered filed report of bids receiyed for Project 5003, Traffic Signals at Santa Clara and Grand, Santa Clara and Tustin, and Warner and Standard; awarded contract at unit prices to the low bidder, Paul Gardner Corporation; and rejected all other bids. PROJECT 1311 On motion of Councilman Griset, seconded D~2~0LITION OF BUILDINGS by Councilman Herrin and carried, Council ordered filed report of bids received for Project 1311, Demolition and Removal of Buildings in West Downtown Diagonal, Fourth to Sixth, Parton to Birch; awarded contract at unit prices to the low bidder, Edwin Webber; and rejected all other bids. SPEC. 631-116 ~ On motion of Councilman Herrin, seconded FIRE ALARM CABLE by Councilman Brooks and carried, Council ordered filed report of bids received for Spec. 631-116, Fire Alarm Cable; awarded contract to the low bidder, Maydwell &Eartzell, Inc.; and rejected all other bids° BND C~TJ~ On motion of Councilman Griset, seconded by Councilman Brooks and carried, the ~ity Council approved plans and specifications and authorized advertising for bids for the following: Construction of Drafting Tank and Apparatus Pad in connection with Fire Training Center and Eagine Company 9 (Project 7001), opening 10/1; Project 1195 (II); Fairview from Sunflower to 600 feet north, and Project 2013; Fairview from MacArthur to Alton, opening lO/15; Project 3001; Construction of a Sanitary Sewer in Bristol from Santa Clara to Memory Lane, and Project 3006; Construction of Sanitary Sewers in Lyon from Chestnut to 1st, in Ritchey from 306 feet south of Edinger to Edinger and in Glassell from 685 feet south of Fairhaven to Fairhaven, opening 10/15. CITY COUNCIL - 10 - September 16, 1968 READING WAIVED motion of Councilman Herrin, carried° The full reading of ordinances and resolutious, the titles of which appeared on the public agem~la, was waived, on seconded by Councilman Griset and unanimously O~D. NS-936 ORDINANCE NS-936 AMENDING ARTICLE VII WATER RATES OF THE SANTA ANA MUNICIPAL CODE BY REPEALING AND ~E-ENACTING CHAPTER 4 T~iEHEOFREGULATING WATER SERVICE AND CHARGES was adopted, on motion of Councilman Herrin, seconded by Councilman Griset. AYES NOES ABSENT Herrin, Brooks, Griset, Markel, Thurman, McMichael None Carlson ORD. NS-937 ORDINANCE NS-937 AMENDING SECTION 3280 SPE~) LIMITS 0FPART 8, CNAPTER 2, ARTICLE III OF TEE SANTA ANA MUNICIPAL CODE TO REVISE T~E SPEED LIMITS FOR CERTAIN STR~mTS WITHIN THE CITY was passed to second reading, on motion of Councilman Griset, seconded by Councilman Brooks and carried° ORD. NS-938 - A.A. 630 ORDINANCE NS-938 CHANGING DISTRICT Bm~l-i' CLASSIFICATION ON AMEND~ APPLICATION NO. 630 FYT.~ BY NARVEY F. BEN~'~~ AND AMENDING SECTIONAL DISTRICT MAP 9-5-9 (EXHIBIT AA 630 A) (east side of Tustin between ~th and 17th) was passed to second reading, on motion of Councilman Herrin, seconded by Councilman Markel and carried° ORD. NS-939 - UNIFORM FIRE CODE ORDINANCE NS-939 REPEALING AND HE-ENACTING CHAPTER I OF ARTICLE III OF THE SANTA ANA MUNICIPAL CODE FOR THE PURPOSE OF ADOPTING A UNIFORM FIRE CODE was passed to second reading and set public hearing on October 7, 1968 at 7:30 P.M., on motion of Councilman Griset, seconded by Councilman Brooks and carried. Councilm-nMarkel expressed his opposition to the banning of fireworks which is in the proposed ordinance, and Councilman Thurman expressed concern on this as well. ORD. NS-940 ORDINANCE NS-940 ADDING SECTION 6389 REGULATING TAXI OPERATION TO PART 8, CHAPTER 3, ARTICLE VI OF THE SAIITA ANA MUNICIPAL CODE REGULATING VEHICLES AND DRIVERS LICENSED ELSEWHERE was considered by Council° The City Manager explained that he had requested the preparation of this ordinance because of the situation which had developed in the City since the last Council meeting, a number of taxicabs operating upon the streets of the City in which people are being invited to ride free of charge& and that in order to control this type of business use of the public streets, the ordinance is needed. Larry Ogden, affiliated with Tustin Cab Company and UoT.O., stated that the free rides had been stopped as of this date, and the Tustin Cab Company would no longer be on the streets in Santa Aha to give free rides° Howard Jones, of Tustin Cab Company, stated that the free rides had not been given with the CITY COUNCIL - 11 - September 16,' 1968 consent of UoT.O. George Brazer, owner of Tustin Cab Ccmpany, said they were not trying to start trod,bis by offering ~he free rides, they were trying to get the people's reaction to prove the necessity for another cab company in Santa Aha. After ~iscussion by Council, it wes moved by Councilman Thurman, seconded by Councilman Brooks and carried, to table the matter until the evening session. Later, at the evening session of the Council meeting, consideration of Ordinance NS-9~O was again taken Up o The following people spoke, representing Tustin Cab Company: George Brazer, who stated he wished to restrict scme of his statements made at the afternoon session regarding free rides, that they would go on giving them to some of the passengers who do not went to ride with their competitors; Norma McKnight; Gordon Wiggins; David Windh; Salvador Werrera; Mason Crews; Howard Jones. After discussion by Council, it was moved by Councilman Carlson, seconded by Councilman Griset, to pass to second reading Ordinance NS-94Oo A motion was made by Councilman Thurman, seconded by Councilman Markel, to postpone action until the next Council meeting, which motion was defeated on the following roll call vote: AYES: NOES: ABSENT: Mmrkel, Thurman Herrin, Brooks, Carlson, Griset, McMichael None The original motion to pass Ordinance NS-940 to second reading wes adopted, on the following roll call vote: AYES: NOES: ABSENT: Brooks, Carlson, Griset, Thurman, McMichael Herrin, Markel None RES. 68-136 PARKING RESTRICTIONS considered by Council. RESOLUTION 68-136 RESTRICTING PAltKING ON CERTAIN AREAS OF MAIN STREET AND CERTAIN AREAS OF FIRST STREET was Joe Zussman suggested that parking on the west side of Main Street from First to Second be allowed from 9:00 P.M. to 2:00 A.M. Council discussed the traffic count between 9:00 P.M. and 2:00 A.M. on Main Street. The Public Works Director explained that the most serious problem is the accident problem of collisions with parked cars. Howard Ryan said there would be no reason to take the parking off on First Street between Flower and Garnsey, and the Public Works Director agreed, since that one block is wider than the rest. It wes moved by Councilman Griset, seconded by Councilm-n Thurman, that Resolution68-136 be revised to permit parking on the west'side of Main Street between First and Second between the hours of 10:O0 PoMo and 2:00 AoM. subject to review within six months. The motion passed on roll call vote: AYES: NOES: ABSENT: Herrin, Brooks, Griset, Markel, Thum~an, McMichael None Carlson It was moved by Councilm-~ Griset, seconded by Councilman Thurman, that Resolution 68-136 be revised to permit parking on the north side of First CITY COUNCIL - 12 - September 16, 1968 Street between Flower and Garnseyo The motion passed on roll call vote: AYES: NOES: Herrin, Brooks, Oriset,Markel, Thurman, McMichael None Carlson It was moved by Councilman Oriset, seconded by Councilw~n Thum~an, that the statement in the resolution relating to loading zone on First Street to accommodate Mr. Zussman's liquor store be deleted. The motion passed on roll call vote: AYES NOES AES~T Herrin, B~ooks, Oriset, Markel, Thurman, McNichael None Carlson It was moved by Councilman Oriset, seconded by Councilman Herrin, that the City Attorney be directed to prepare a new resolution for adoption at the evening meeting with the amendments adopted by Council.. The motion passed on roll call vote: AYES: NOES: AB~E~T: Herrin, Brooks, Oriset, Markel, Thurman, McM-ichael None Carlson At the evening session of the Council meeting, it was moved by Councilman Markel, seconded by Councilman Brooks, to waive luther reading and adopt RESOLUTION 68-136RESTRICTING PARKING ON CERTAIN AP~AS OF MAINSTR~T AND CERTAIN AREAS 0FFIR~T STR~, as ame~dedbythe City Council at the after- noon meeting. Om roll call vote: AYES: NOES: ABS~,u Herrin, Brooks, Carlson, Oriset, Mmrkel, Thurman, McMichael None None RES. 68-137- VACATION RESOLUTION 68-137 APPROVING MAP, ST. GERTRUDE PLACE DECLARING INTENTION TO VACATE A PORTION OF ST. GERTRUDE PLACE BETW~ STANDARD AVEFu-E AND TNE SO~£~EN PACIFIC RAILROAD AND GIVING NOTICE OF HEARING Ts~REON (October 7~ 1968) was adopted, on motion of Councilman Brooks, seconded by Councilman Thurman. AYES: NOES: ABSENT: Herrin, Brooks, Oriset, Markel, Thurmsn, McMichael None Carlson RES. 68-138 - CONSIDERATION by Councilman AYES: NOES: AES~-~r: D~.:n Wi'£~ CASH RESOLUTION 68-138 ACCEPTING A DW.~ FOB '£.~: WIDENING OF FIltST 8T~' FOR WHICH THE CITY IS PAYING A CASE (Pease) was adopted, on motion of Councilmen Brooks, seconded Herrin. Herrin, Brooks, Griset, Thurman, McMichael Marksl Carlson C~ C0~NC IL - 13 - September 16, 1968 RE~. 68,139 - D~.~nS WITH CASH RESOLUTION 68-139 ACCEPTING DEEDS FOR CIVIC CE~','m~ PUBPOSE~ FOR WHICH T~E CIT~ IS PAYING A CASH CONSIDERATION (Gilbert, Hanson, Ross, et alp ) was adopted, on motion of CounciLman Brooks, seconded by Councilmam Herrin. AYES: NOES: ABSENT: Herrin, Rrooks, Griset, Thurman, McMichael M~rkel Carlson RES. 68-140 - DF~S, NO CASH RESOLUTION 68-140 ACCEPTING DW.~S FOR WHICH THE CITY IS PAYING NO CASH CONSIDERATION (Galaxy Consto, Ridkatso, Calborn, Layton) was adopted, on motion of Councilman Herrin, seconded by Councilman Markel o AYES: NOES: ABSENT: Herrin, B~ooks, Griset, Markel, Thurman, McMichael None Carlson Due to a conflict of interest on the next item, Councilman Markel left the Council Chambers. RES. 68-141 - QUITCLAIM D,:~,,S RESOLUTION 68-1~1 A~THORIZING EXECUTION OF QUITCLAIM D~:,.~i~S TO GALAXY CONSTRUCTION CO., ET AL., AND OW~HS OF RECOND WITH NO CASH CONSIDERATION was adopted, on motion of Councilmau Griset, seconded by Councilman Brooks. AYES NOES A ESENT Herrin, ~rooks, Griset, Thurman, McMichael None Carlson, Markel Councilman M~rkel returned to the Council table~ PARKING LOT RENTAL A lease with John Jacobs, et al., for rental of parking lot on southeast corner of Third and Bush was approved and authorized, on motion of Councilman Griset, seconded by Councilman Brooks, and the staff was directed to came back with a report regarding custamer parking. On roll call vote: AYES: HOES: ABSENT: Brooks, Griset, Markel, Thurman, McMichael Herrin Carlson FAIR¥1~ STRoll' E~ecution of agreement with City of Costa Mesa regarding Project 1195, Unit 2, Fairview Street between Sunflower and 600 feet north, was authorized, on motion of Councilman Griset, seconded by Councilman Thurman and carried. CIT~ C0UN¢IL - 14 - September 16, 1968 Ci¥1C 0~£~ Council considered the agreement with Orange County amending Agreement dated January 18, 1966 to vest fee title to 90,000 square feet of property in the Civic Center in the name of the City of santa Ann, to be used for purpose of transfer to the Federal government for location of Federal building. Paul M. White, of the Civic Center C~iss'ion, explained the history of the actions leading up to the agreement. On motion of Councilman Brooks, seconded by Councilman Griset, the Mayor was authorized to execute the agreement on behalf of the City° On roll call vote: AYES: HOES: Herrin, Brooks, Griset, Markel, Thurman, NcMichael None Carlson SE~ER RECOV]~Y AG~Z~.~ENT On motion of Councilman Griset, seconded by Councilman Herrin and carried, Council approved and authorized execution of Sewer Recovery Agreement 39 with George Lo Mallery, in Santa Clara west of Tust in. COUFI~ FIRE STATIONS Council considered the Buena Park resolution opposing proposal that the County build and equip a fire station for an~ municipality in Orange County from She County General Fund° On motion of Councilman Brooks, seconded by Councilman Markel and carried, the matter was tabled until the next meeting and referred to staff for a report. TRAFFIC The report of control devices removed or installed 8/21/68 - 9/9/68 was ordered filed, on motion of Councilman Herrin, seconded by Councilman Thurmau and carried. ALCOHOLIC ~GE LICENSE APPLICATIONS Applications were ordered filed: On motion of Councilman Herrin, seconded by Councilman Brooks and carried, the following Alcoholic Beverage License Stop 'N Go, ~410 W. 5th, Off Sale Beer & Wine, Person Transfer; Pour House, 815 E. 1st, On Sale Beer, Person Transfer; Silver Room, 4202 W. Bolsa~ On Sale Beer, Person Transfer. ABC PROTEST On motion of Councilman Thurman, seconded by Councilman Brooks and carried, Council ratified the City Attorney's action in withdrawing the protest filed with the Alcoholic Beverage Control Board on the Alcoholic Beverage License Application of the Wooden Shoe, 122 East 17th Street. CITY COUNCIL - 15 - September 16, 1968 VARIANCE AND CONDITIONAL Decisions m~de by the Planning Commission USE PERI~ or Zoning Administrator, where no appeal has been filed, were affirmed, on motion of Councilman Herrin, seconded by Councilman Brooks and carried, for the following: VA 68-81, CEAZAN - construct office building which encroaches into required side yard, construct double-faced sign, and waive required block wall along westerly property line in the LP District at 2001 Eo 4th - APPROVED; VA 68-83, BAILEY-POW~L - construct restaurant in the R 2 District at 2041 So Bristol - APPROVED; VA 68-84, EITJ~k~ - construct 22-unit apartment development in the C 1 District at 2221 E. Lenita Lane - APPROVED; CUP 68-13, CAIF~U - establish home for aged in the R 1 District at 2131 S. Parton - APPROVED. PACIFIC AIR TRANSPORT, INC. Letter from Pacific Air Transport, Inco requesting approval of flight service between Long Beach and San Francisco area, was ordered filed, on motion of Councilman Griset, seconded by Councilman Markel and carried. PARCEL MAP 570 Parcel Map 570, filed by Co Mo Deardorff, DEAI~ORFF creating 2 lots on the east side of Grand, north of Warner, was approved subject to conditions in Planning Director's report dated September 11, 1968, and alley requirement was waived, on motion of Councilman Herrin, seconded by Councilman Griset and carried. SURPLUS PROPERT~ Report 24-68 regarding 8,475 square foot parcel on the south side of 8th Street, west of Baker, was presented to the City Council. It was moved by Councilman Brooks, seconded by Councilman Herrin and carried, that Council declare the property surplus, authorize its sale at auction on October 21, 1968, 7:30 P.M., with minimum bid of $27,967°50 and designate Warren Proctor as City's agent of record° RECESS At 3:55 P.M., a five minute recess was declared. The Council reconvened at 4:05 P.M. with the same Council members present° NORTHEAST CORNER Councilman Markel suggested that the FIRST AND MAIN northeast corner of First and Main, property which is too small to put a building on, be used as a historical landmark in memory of S. H. Finley, with perhaps a drinking fountain, wall, benches, etCo, and suggested that the many service clubs of the area and perhaps the Historical Society could help out on this. Mayor McMichael stated that he would appoint a committee at the next meeting to study the matter° RECESS At 4:40 P.Mo, the meeting was recessed to 7:30 P.Mo, at which time it was re- convened with all Council members present° Following the Pledge of Allegiance totbe Flag, the Invocation was delivered by the Reverend G. Edward Garner of the First United Methodist Church° CIT~ COUNCIL - 16 - September 16, I968 APPEAL 214 Hearing was opened on Appeal 21~ filed FREESE by Glen Co Jo Freese, appealing the Zoning Administrator's denial of VA 68-82 to permit three dwellings in addition to two existing dwellings on an R 1 lot at 500? West 5th Street° Glen Freese, the appellant, explained to the Council that he thought it would be better for the density in the area to leave the triplex as three two-bedroom units and not rent to families with children rather than make it into two three-bedroom apart- ments. Mrs. Boe~te, next door neighbor, spoke in opposition to granting of the variance. The hearing was closed° The Plamuing Director explained that when the area was annexed in 1959, the Planning C~ission found a variety of conditions; they held a series of studies to plan a policy that would lead to physical improvement of the streets, and determined they would allow by variance four units per long lot; if and when the streets were improved through assessment district, they would then consider a higher density. Mr. Stevens also explained that Mr° Freese had been granted a variance in 1967 for four units and had submitted this application after the triplex was moved onto the lot~ After some discussion by Council, it was moved by Counc~lm-u Brooks, seconded by Councilman Nerrin, to overrule the action of the Zoning Administrator and grant the appeal, and instruct the City Attorney to prepare a resolution granting Variance 68-82 subject to the conditions in the original variance, VA 67-6, and adding the condition that 5th Street and 6th Street be improved to City standards -- if construction not feasible now, that an appropriate bond be filed. The motion was adopted on roll call vote: AYES: NOES: ABSENT: Nerrin, Brooks, Carlson, Griset, Markel, Thurman, McMichael None None Councilman Griset left the Council Chambers before consideration of the next item. APPEAL 215 Hearing was opened on Appeal 215 filed GRISET by Lorin Griset, appealing the conditions in Planning Commission's approval of VA 68-77 to allow storage and distribution in the R 3 District at 620 East 6th Street. Woody Johnson, representing the appellant, explained to Council that they were requesting relief on Conditions 6 through l0 in Planning Comzaission's Finding of Fact and requesting that two signs be allowed instead of one as set out in Condition 4, since the building is on a corner° Speaking in opposition to the appeal were George Whiddon, 610 East 6th Street and Cecil Robinson, 603 East 6th Street. The hearing was closed. In regard to Condition ~, it was moved by Councilman Brooks, seconded by Councilman Herrin and carried, that two signs be allowed with a limit of 50 square feet for each sign. Council considered Condition 7, hours of operation, and it was moved by Councilman Brooks, seconded by Councilman Markel and carried, that the hours of operation be limited to 6:30 A.M. to 9:00 PoE. with the understanding that if occupancy changes, they can appeal for a change in hours° Concerning Condition 8 regarding maintenance or repair work on the premises, on motion of Councilman Herrin, seconded by Councilman Carlson and carried, CITY COUNCIL - 17 - September 16, 1968 Condition 8 was deleted. On motion of Councilman Brooks, seconded by Councilman Carlson and carried, Condition9 was amended to read "That no more c~mmercial vehicles than can be stored on the site be kept on the premises." Condition 10 was deleted, on motion of Councilman Herrin, seconded by Councilman Carlson and carried. It was moved b~Councilman Carlson, seconded by Councilman Herrin and carried, to approve VarianCe ApPlication 68-77 subject to the conditions outlined in Planning Commission's Finding of Fact dated August 26, 1968 with the above changes. Councilman Griset returned to the Council table. MYRTLE Council considered the petition regarding the unpaved portion of Myrtle Street, east of Raitt. Donald Gipe told the Council that he represented a majority of the people who lived in the area and stated that the street needed improvement of some sort, that it should be at least widened to two lanes of traffic° Barbara Gaitton spoke on behalf of her parents who own the 450~feet of property on the north side of M~le Street and said that it would be impossible for her father to pay for paving the street or participate in the costs of an assessment district. Mr. Gipe asked if a road hazard sign could be placed at the front of the street and if the City could grade and blacktop the unpaved portion° On motion of Councilman Herrin, seconded by Councilman Markel and carried, the petition was ordered filed. On motion of Councilman Herrin, seconded by Councilman Brooks and carried, the matter was referred to staff for recommendation of hazard signs° OVERWIDTH DRIVEWAY On motion of Councilman Herrin, seconded by Councilman Brooks and carried, Council approved 50 foot driveway at 2901 North Bristol° CUP 66-15 On motion of Councilman Griset, seconded SALVATION AitMY by Councilman Herrin and carried, Council approved 90 day extension of time on CUP 66-15 to construct church and youth center with no bisecting streets at 1708-18 W. Edinger in A i District. VA 67-119 On motion of Councilman Griset, seconded CH~ISTESON by Councilman Herrin and carried, Council approved 90 day extension of time on VA 67-119 to construct single family dwellings with less than required street side yards at lOO1 W. Santa Clara in the R i District o CITY COUNCIL - 18 - September 16, 1968 SOLICITATION APPLICATIONS approved: On motion of Councilman Carlson, seconded by Councilman Herrln and carried, the following solicitation applications ware Oran6e County Hear~ Association, February 1 - March 2, 1969; Muscular Dystrophy Association, Cannisters in October, soliciting in November, Tag Day October 5, and Dance November 8, 1968; Childrens Hospital of Orange County, Fair, October 18, 19~ 20, 1968; Boy Scout Troop 550 of Garden Grove, curb numbering project; Exchange Club, Sale of Tickets to Pancake Breakfast, September 20-28, 1968. VOTING REPRES~N'~ATIVE On motion of Councilman Carlson, seconded by Councilman Griset an~ carried, Council- man Markel was appointed as the voting representative for the City Council at the League of California Cities Annual Conference in Los Angeles October 13 - 16, 1968. DAY CARE CmNTER 1202 West First Street, for which the assistance at the September 3 Council Jim McMahon, of Pacific Telephone, cc~mended the City employees who had volunteered their help in completing the Day Care Center. at Parent Involvement Council had requested meeting. DOWNTOWN AREA Councilman Carlson made several suggestions regarding improvement of the downtownarea which he thought was an ~mmediate need. His suggestions included: new sidewalks with planting of trees and mandatory daily washing of sidewal~; removal of the perking meters and return to angle parking, llmitiug the through traffic; goo~ police controls on parking with courtesy tickets; new street lights; continuity appearance in architecture, such as awnings, be encouraged; street closures for special events. Mayor McMichael suggested that Councilman Carlson and he meet with officers of the Downtown Association to get an updated progress repor~ an~ report back to Council. ADJOURNMENT At 11:00 P.Mo, there being~no further business to come before the City Council, the meeting was adjourned, on motion of Councilman Herrin, seconded by Councilman Griset and carried. Doris M. Brown Clerk of the Council CIT~ COU~C IL - 19 - September 16, 1968