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HomeMy WebLinkAbout01-06-1969MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA January 6, 1969 The meeting was called to order at 2:00 P.M. in the Council Chambers, 217 North Main Street with the following Councilmen present: Walter Brooks, Lorin Griset, J. Ogden Markel, Thomas W. Thurman, and Mayor Tom McMichael. Councilmen Wade Herrin and James E. Carlson were absent, but arrived later. Also present were City Manager Carl J. Thornton, City Attorney William L. Mock, Director of Public Works Ronald Wolford, Director of Planning Van Stevens, and Clerk of the Council Doris M. Brown. Councilman Herrin arrived at the meeting. MINUTES December 16, 1968, were approved On motion of Councilman Brooks, seconded by Councilman Griset and carried, the Minutes of the Regular Meeting of as submitted. AIR COMPRESSOR e,~z~G On motion of Councilman Griset, seconded by Councilman Herrin and carried, Council ordered filed report of bids received for Spec. 641-148, One Air Compressor; awarded contract to the low bidder, Orange County Equipment (~ompany; and rejected all other bids. PARKING METERS ~ ~% c~ On motion of Councilman Griset, seconded by Councilman Herrin and carried, Council ordered filed report of bids received for Spec. 641-149, 97 Parking Meters; awarded contract to the low bidder, Rockwell Manufacturing Company; and rejected all other bids. WEST DOWNTOWN DIAGONAL On motion of Councilman Brooks, seconded AND FLOWER STREET BID CALL by Councilman Griset and carried, Council approved plans and specifications and authorized advertising for bids for Project 1315, West Downtown Diagonal, Fourth, Fifth, Sixth and Ross Streets, and Project 1316, Flower from 4th to 8th and 4th from west of Flower to Parton, opening January 28, 1969. Councilman Carlson arrived at the meeting. CITY COUNCIL 89 January 6, 1969 JEROME PARK COMMUNITY The City Council considered request for CENTER BUILDING BID CALL approval of plans and specifications and authority to advertise for bids, opening 1/28/69, for Project 6005, Jerome Park Community Center Building. It was s~lggested that the matter be held over to the evening meeting, since some calls had been received by some of the Councilmen from persons who desired to be heard on the subject. Frank Morris, the architect, explained the design of the building and that the all purpose room, or gymnasium, was planned as 60 feet x 80 feet, which is standard for boys' clubs and comparable to the Y.M.C.A. gymnasium, and adequate for the complex. Norris H. Mayes, ~Recreation and Parks Commissioner, stated that if the gymnasium were made larger, the cost would be a great deal more; that the plans as submitted would be the most satisfactory for the most people; and that the people in the commun- ity who had met with the City staff to discuss the plans had approved this particular plan. On motion of Councilman Herrin, seconded by Councilman Carlson and carried, the matter was held over to the evening meeting. READING WAIVED The full reading of ordinances and resolutions, the titles of which appeared on the public agenda, was waived, on motion of Councilman Herrin, seconded by Councilman Griset and unanimously carried. ORD. NS-953 - A.A. 635 ORDINANCE NS-953 CHANGING DISTRICT PLANNING COMMISSION CLASSIFICATION ON AMENDMENT APPLI- CATION 635 INITIATED BY THE PLANNING COMMISSION AND AMENDING SECTIONAL DISTRICT MAP 12-5-10 (EXHIBIT AA 635 A) (southwest corner of Baker and 8th) was passed to second reading, ' on motion of Councilman Herrin, seconded by Councilman Griset and carried. SPECIAL RESOLUTION A Special Resolution in recognition of the retirement of Supervisor C. M. (Cye) Featherly was adopted, on motion of Councilman Herrin, seconded by Councilman Griset. AYES: Herrin, Brooks, Carlson, Griset, Markel, Thurman, McMichael NOES: None ABSENT: None RES. 89-1 - VACATION RESOLUTION 69-1 APPROVING MAP, CENTRAL AVENUE DECLARING INTENTION TO VACATE A PORTION OF CENTRAL AVENUE BETWEEN MAIN STREET AND CYPRESS AVENUE AND GIVING NOTICE OF HEARING THEREON (Hearing 2/3) was adopted, on motion of Councilman Griset, seconded by Councilman Herrin. AYES: NOES: ABSENT: Herrin, Brooks, Carlson, Griset, Markel, Thurman, McMichael None None CITY COUNCIL 90 January 6, 1969 RES. 69-2 - PIPE CASES ca~9 RESOLUTION 69-2 OF THE CITY COUNCIL SETTLEMENT OF THE CITY OF SANTA ANA, CALIFORNIA, .ADOPTING, RATIFYING AND CONFIRMING MEMORANDUM OF UNDERSTANDING FOR SETTLEMENT OF WEST COAST PIPE CASES BETWEEN ALL PLAINTIFFS AND AMERICAN PIPE AND CONSTRUCTION COMPANY AND AUTHORIZING THE CITY ATTORNEY TO SIGN THE RELEASE OF CLAIMS was adopted, on motion of Councilman Griset, seconded by Councilman Herrin. AYES: NOES: ABSENT: Herrin, Brooks, Carlson, Griset. Markel, Thurman, McMichael None None RES. 69-3 - DEEDS -D~ L RESOLUTION 69-3 ACCEPTING DEEDS NO CASH FOR WHICH THE CITY IS PAYING NO CASH CONSIDERATION (Krot, Inglis, Larder, Planchon (2), Cai Enterprises, Mission Savings& Loan, Yost) was adopted, on motion of Councilman Herrin, seconded by Councilman Brooks. AYES: Herrin, Brooks, Carlson, Griset. Markel, Thurman; McMichael NOES: None ABSENT: None RES. 69-4 - DEED RESOLUTION 69-4 ACCEPTING A DEED FEDERAL BUILDING SITE FROM THE COUNTY OF ORANGE FOR A FEDERAL BUILDING SITE IN THE CIVIC CENTER AREA was adopted, on motion of Councilman Griset, seconded by Councilman Brooks. AYES: Herrin, Brooks, Carlson, Griset, :Thurman, McMichael NOES: Markel ABSENT: None RES. 69-5 - DEED WITH CASH RESOLUTION 69-5 ACCEPTING A DEED -9~ FROM JOSEPH A. MUELLER FOR THE CONSTRUCTION OF THE NORTHEAST BOULEVARD FOR WHICH THE CITY IS PAYING A CASH CONSIDERATION OF $31,'500 was adopted, on motion of Councilman Griset, seconded by Councilman Brooks. AYES: Herrin, Brooks, Carlson, Griset, Markel, Thurman, McMichael NOES: None ABSENT: None CITY COUNCIL 91 January 6, 1969 SCHROEDER DEED The City Attorney reported that the documents were not complete on a resolution accepting a deed from Albert F. and Louise Schroeder and recommended postponement of action. On motion of Councilman Griset, seconded by Councilman Herrin and carried, the resolution was postponed to the next meeting. ELECTION SERVICES On motion of Councilman Herrin, seconded by Councilman Gr"iset and carried, execution of agreemen~ with Martin and Chapman, Inc. for services and supplies for the General Municipal Election was authorized. ENCROACHMENT An agreement with Felipe Fernandez and Arby's, Inc. for an encroaching sign at 1724-34 West 17th Street was approved subject to approval by the City Attorney of the acknowledgement of the signa- tures of the lessee before a permit will be issued, on motion of Councilman Herrin, seconded by Councilman Griset and carried. GEOPHYSICAL SURVEY Council considered the request ot Standard Oil Company that Municipal Code Section 9246 be modified to allow geophysical surveys in the city limits. F. P. Gulch, of Standard Oil Company and Kenneth McCarty, of American Petrofina Exploration Company, answered questions of the Council regarding the amount of vibration caused by the geophysical surveys. On motion of Councilman Carlson, seconded by Councilman Herrin, the City Attorney was instructed to prepare an ordinance to modify Municipal Code Section 9246 to allow geophysical surveys inthe city limits. On roll call vote: AYES: Herrin, Brooks, Carlson, Griset, Markel, Thurman, McMichael NOES: None ABSENT: None WEED ABATEMENT The report of the Finance Director regarding correction of erroneous weed assessment, James H. Requarth, was ordered filed, on motion of Councilman Griset, seconded by Councilman Herrin and carried. VARIANCE AND CONDITIONAL Decisions made by the Planning Commission USE PERMIT or the Zoning Administrator, where no appeal has beenfiled, were affir~ed, on motion of Councilman Brooks, seconded by Councilman Griset and carried, for the following: VA 68-120, GOODE~ SCHMITZ - permit operation of commercial parking lot in the CD and R 3 HB Districts at 701 W. 8th - APPROVED. CITY COUNCIL 92 January 6, 1969 ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Councilman Carlson and carried. The following Alcoholic Beverage License Applications were ordered filed, on motion of Councilman Herrin, seconded by Hernando's Hide-Away, 501 S. Grand, New On Sale Beer; Orbit Inn, 3601 W. 1st, On Sale Beer, PerSon Transfer. PARCEL MAP 586 ~a'~( Parcel Map 586, filed by Floyd A. Blower, creating two lots on the north side of Edinger, east of Grand, was approved subject to conditions in Planning. Director's report dated December 31, 1968, and alley requirement was waived~ on motion of Councilman Griset, seconded by Councilman Herrin and carried. PARCEL MAP 584 o%~ Parcel Map 584, filed by Hall, Lyon, Hall, Ltd., creating 3 lots on East 4th and Golden Circle Drive, was approved subject to conditions in Planning Director's report dated December 24, 1968, and alley requirement was waived, on motion of Councilman Griset, seconded by Council- man Herrin and carried. PARCEL MAP 585 C % ~ Parcel Map 585, filed by Hall, Lyon, Hall, Ltd., creating 3 lots on Golden Circle Drive, north of 4th Street, was approved subject to conditions in Planning Director's report dated December 24, 1958, on motion of Councilman Griset, seconded by Councilman Herrin and carried. TENTATIVE TRACT 6311 c~% Second Revised Tentative Tract Map 6311, filed by Dwight M. Mize, creating 22 lots on the north side of McFadden~ west of Harbor, was approved, subject to conditions in Planning Director's report dated December 26, 1968, on motion of Councilman Griset, seconded by Councilman Herrin and carried. TENTATIVE TRACT 6530 c.~ >~ Revised Tentative Tract'Map 6530, filed by Land Tech. Developme_nt, creating 47 lots on the west side of Tustin, south of the Garden Grove Freeway, was approved subject to conditions in Planning Director's report dated December 26, 1968, and alley requirement was waived, on motion of Councilman Griset, seconded by Councilman Carlson and carried. Councilman Markel voted "No". CITY COUNCIL 93 January6, 1969 ORANGE COUNTY AIRPORT Council considered the report on minimum landing standards for the Orange County Airport from Robert J. Bresnahan, Director of Aviation and Airport Commission, requested by the City Council on December 2, 1968, when Cliff Fraizer asked Council to investigate the minimum standards. Mr. Fraizer was present in the audience, and the Council expressed appreciation for his concernbut felt they must accept the view of the Federal Aviation Authority and the Airpor~ Commission that standards set are adequate. The report from the Director of Aviation and Airport Commission was ordered filed, on motion of Councilman Carlson, seconded by Councilman Herrin and carried. SURPLUS LAND After considering Surplus Property Report 2-69 regarding a 3,841 square foot parcel at the northeast corner of 17th and Bush, Council declared the property surplus, of nuisance value to other than an adjacent owner because of size and shape, and authorized negotiated sale to adjacent owner, on motion of Councilman Griset, seconded by Councilman Brooks and carried. COUNCIL COMMITTEE Councilman Markel stated his immediate ASSIGNMENTS resignation from the Museum Board as l'i~ison representative and asked for new committee assignments. Mayor McMichael reported that he had postponed changing the Council Committee assignments to the various boards and commissions because Council had been waiting for the report from Councilmen Carlson and Markel regarding the powers and duties of the Museum Board; however, he stated that he would make new assignments immediately, but asked lhe Museum Committee to complete their report. HARBOR DISTRICT It was moved by Councilman Brooks, seconded by Councilman Carlson and carried, that the resolutions set out -in the Orange County League of Cities' report on dissolution of the Harbor District be placed on the Agenda for the January 20 meeting. RECESS At 3:45 P. M., the meeting was recessed to 7:30 P.M., at which time it was re- convened with all Council members present. Following the Pledge of Allegiance to the Flag, the Invocation was delivered by the Reverend Herbert Weld, Sr., of the Church of the Messiah. CITY COUNCIL 94 January 6, 1969 JEROME PARK COMMUNITY Discussion was opened on,the Jerome CENTER (continuedfrom afternoon Park Community Center Building, continued meeting) from the afternoon meeting. The City Manager explained that the project is to be a community center for all age groups in the community and that the all purpose room was not intended to serve as a specialized area for the playing of competitive athletic games between organized teams, that the gymnasiums of the high schools and junior colleges were available for this type of competition. The following persons spoke, requesting that. the gymnasium, or all purpose room, be made larger, to standard basketball court specifications: Louis Sanders, 2321 W. Wisteria; George Williams; Anthony Tabb, 2016 W. 8th; Everett Winters, 1632 Camille Place; Larry Webb, 2217 W.. 9th; Jim Galbrith, 528 S. Wood; Allen Heiser; Alma Butler, 1106 W. Srd; Clay White, 606 S. Clara; Mike Lyman, 1527 W. 7th; Richard Russell, 618 S. ,Shelley; Ingrid Scott, 1202 N. Fairlawn; Malcolm Pierce. Norman Corwin, 617 S. Shelley, stated that he represented a segment of the people in the area, and spoke in favorof the project as it is now planned. The architect, Frank Morris, explained that the working drawings were complete, the ceilingi;r~ihe club room adjacent to the all purpose room is 9 feet, the ceiling in the all purpose room is 20 feet, to accommodate basketball and volleyball, and that it would be costly and complicated to revise the plans. It was moved by Councilman Herrin, seconded by Councilman Brooks that the project be put out to bid under the plan submitted. After some discussion by Council, it was moved by Councilman Carlson, seconded by Councilman Thurman, to table the matter for one month to see if something can be worked out with the people of the community that is within the framework of the budget. The motion was adopted on the following roll call vote: AYES: Herrin, Carlson, Griset, Markel, Thurman, McMichael NOES: Brooks ABSENT: None RECESS members present. At 9:15 P.M., a five minute recess was declared. The Council reconvened at 9:20 P.M. with the same Council APPEAL 217 - VA 68-119 t~ ~ Hearing was opened on Appeal 217, JOHNSON filed by Eric Johnson, appealing the Planning Commission's denial of Variance Application 88-119 to convert a gasoline station to a take-out restaurant in the CD District at 802 N. Flower Street. A letter from Mel Cohen, attorney representing Civic Center Plaza, supporting the Planning Commission's action to deny was filed with the Council. Frank Pope, realtor, representing the appellant explained that the restaurant would be a walk-in type, not a take-out; that the owner would acquire additional property if it were available and build a larger building; they felt there is a CITY COUNCIL 95 January 6, 1969 need for this type of restaurant Close to the Civic Cer~er: they would be willing to change the plans to suit the City and to suit the general area; and that the trash containers and air conditioner would be enclosed. Also speaking in favor of the variance were Eric Johnson, the appellant and George Tanney, owner of the property. The Planning Director explained to Council the reasons the Plann/ng Commission denied the variance. The hearing was closed. On motion of Councilman Brooks, seconded by Councilman Carlson, the acti6n of the Planning Commission was upheld and the City Attorney was instructed to prepare a resolution denying the variance. On roll call vote: AYES: Herrin, Brooks, Carlson, Griset, Markel, Thu~xf~an, McMichael NOES: None ABSENT: None APPEAL 216 - CD PLAN #10 Hearing was opened on Appeal 216, filed DONAHUE by Arthur J. Donahue, appealing Planning Commission's denial of CD Plan #10 to convert a single family dwelling into an office in the Civic Development District at 8th and Olive. Arthur J. Donahue, appellant, presented the proposed plot plan and photographs; stated that he would be willing to accept the plan on a temporary basis for three to five years; and explained that this was proposed because owner of the property in the rear would not sell. The Planning Director explained that the Planning Commission does not want to allow interim use of houses for offices'in'the Civic Center. The hearing was closed. On motion of Councilman Brooks, seconded by Councilman Herrin, the action of the Planning Commission was upheld and CD Plan #10 was denied. On roll call vote: AYES: Herrin, Brooks, Carlson, Griset, Markel, Thu~-~.an, McMichael NOES: None ABSENT: None ZONING ORDINANCE On motion of Councilman Griset, seconded AMENDMENTS by Councilman Herrinand carried, Council continued to the next meeting the public bearing on the proposed amendment of Municipal Code Section 9271 regarding future right of way lines and Section 9271.1 adopting Specific Plan for Street Alignment #15 for Flower Street from Pine to 17th. U.T.O., INC. TAXICAB APPLICATION operate ten taxicabs in the city. The continued hearing was opened on the application by U. T. O., Inc. for certificate of public convenience and necessity to Speaking in favor of granting the certificate to U. T. O., Inc. were Mr. Comstock, 1910 Poinsettia and Mr. Larem, 1204 S. Broadway. The following people spoke CITY COUNCIL 96 January 6, 1969 in opposition to granting the certificate: Herman Tare, owner of the taxi company operating in Newport Beach, Costa Mesa and Huntington Beach; Ed Schlage1, part owner and manager of the taxi company operating ~n Anaheim; O. D. Stones, El.Monte, owner of the taxi company in E1 Monte; Ramona Morrison; Mr. Smith, 1406 S. Pacific; Lucia Gilbert, 521 S. Lyon; Charles Black, operator of the Trailways Bus Depot in Santa Aha; Edward Flamm, Assistant Director of Services for the Blind; Larry Gaines; and Glen Gaines, owner of the Yellow Cab Company in Santa Ana. William Wenke, attorney for Yellow Cab Company~ presented letters and petitions containing over 1,000 signatures endorsing Yellow Cab Company. On motion of Councilman Herrin, seconded by CounciLman Markel and carried, the petitions and letters were ordered filed. Mr. Wenke stated that history and experience has shown that a single cab company has serviced the needs best; asked Council to consider character qualifications and fitness and ability of applicants; stated that the corporation has not listed names and addresses of its officers, has no financial statement, does not list a place of operation, the application was not verified; and requested that Council deny the application. Robert Politiski, attorney for U. T. O., Inc., stated he was under the impression that the application was in order and that the need and necessity had been established by the many people who had testified at the last Council meeting, and that nothing had been shown here that would attack the character of the applicants; and urged the Council to grant the application. Mrs. Janice Boer expressed her opinion that the Council was creating monopolies.. The hearing was closed. The matter was discussed by Council. The City Manager reported that, at the present time the number of licensed and operating vehicles in Santa Aha is . 18 per 1,000 population; for Anaheim the figure, is .19 per 1,000 population; and no other citieslin Orange County come up that high. It was moved by Councilman Herrin, seconded by CounCilman Markel,:.to grant the request for certificate of public convenience and necessity. The motion was adopted on the following roll call vote: AYES: Herrin, Carlson, Markel, Thurman NOES: Brooks, Griset, McMichael ABSENT: None ORD. NS-950 c'~ ORDINANCE NS-950 AMENDING OVERTIME PAY ARTICLE II OF THE SANTA ANA MUNICIPAL CODE BY ADDING NEW SECTIONS TO CHAPTER 2 THEREOF RELATING TO PREMIUM PAY FOR OVERTIME WORK was adopted, on motion of Councilman Thurman, seconded by Councilman Brooks. AYES: NOES: ABSENT: Brooks, Carlson, Griset, Markel, Thurman, McMichael Herrin None CITY COUNCIL 97 January 6, 1969' SOLICITATION APPLICATION Since the requested list of volunteer solicitors in San~a Arm was not furnished, the Solicitation Application of Synanon Foundation, Inc., January 15 - March 15, 1969, was denied, on motion of Councilman Griset, seconded by Councilman Herrin and carried. BOND RELEASE Acting on the Public Works Director's report of satisfactory completion of improvements, the City Council authorized release of bond for R/S 366, west side of Bristol north of Warner, on motion of Councilman Griset, seconded by Councilman Carlson and carried. VA-$~-102 The request by Westmark Development EXTENSION OF TIME Company for a 90 day extension of time on VA 67-102 to con-Struct a 48 unit apartment complex in the C i District at 1313 W. Memory Lane (3rd request) was approved, on motion of Councilman Griset, seconded by Councilman Carlson and carried. REIMBURSEMENTS On motion of Councilman Griset, seconded by Councilman Carlson and carried, the following reimbursements were approved: $9, 731.57 to Southern Pacific Company for 50% of cost of automatic gates on 4th Street. $4, 039.35 to Nathan Wallach and United States Post Office for street improvements on Grand Avenue and Santa Clara Avenue. VA 68-53 The request by Hirsco Corp. for 90 EXTENSION OF TIME day extension of time on VA 68-53 to construct a 282 unit apartment complex at 2901 North Bristol (lst request) was approved, on motion of Councilman Griset, seconded by Councilman Carlson and carried. FCC PROPERTY Council considered the proposed amendment to the Application to Purchase surplus federal property at the southwest corner of Fairview and Edinger, known as the F. C. C. Monitoring Station in exchange for City owned land adjacent to the Civic Center. The amendment proposed was for a revised program for development of the F. C.C. site for park purposes. It was moved by Councilman Griset, seconded by Councilman Herrin and carried, that the document entitled "Summary of Revised Program for Development of F. C.C. Site to Park Purposes, Projected on an Initial Three Year Basis" be approved and submitted to General Services Admin- istration as an amendment to the Application previously signed by the City. CITY COUNCIL 98 January 6, 1969 ADJOURNMENT on motion of Councilman Herrin, carried. At !1:30 P.M., there being no further business to come before the City Council, the meeting was adjourned, seconded by Councilman Griset and Doris M. Brown -~~~ Clerk of the Council CITY COUNCIL 99 January 6, 1969