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HomeMy WebLinkAbout03-03-1969MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANAo CALIFORNIA March 3, 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: Wade Herrin, Walter Brooks,. J, Ogden Markel, Thomas W. Thurman, and Mayor Tom McMichael. Councilmen James E. Carlson and Lorin Griset 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 Maxine B. Vallery. MINUTES On motion of Councilman Brooks, seconded by Councilman Herrin and carried, the Minutes of the Adjourned Regular Meeting of February 17, 1969 and the Minutes of the Regular Meeting of February 17, 1969, were approved as submitted. CIVIC DAY Mayor McMichael welcomed the De Molay members present at the Council meeting participating in De Molay Civic Day. READING WAIVED The full reading of ordinances and resolutions, the titles of which appeared on the public agenda, was waived, on motion of Councilman I-Ierrin, seconded by Councilman Brooks and carried. ORD. NS-957 - A.A. 637 ORDINANCE NS-957 CHANGING HALL-LYON-HALL, LTD. DISTRICT CLASSIFICATION ON AMENDMENT APPLICATION 637 FILED BY HALL-LYON-HALL, LTD., AND AMENDING SECTIONAL DISTRICT MAP 3-5-10 (EXHIBIT AA 637 A) (west side of Fairview approximately 280 feet north of 17th) was adopted, on motion of Councilman Herrin, seconded by Councilman Markel. AYES: Herrin, Brooks, Markel, Thurman, McMichael NOES: None ABSENT: Carlson, Griset Councilman Griset arrived at the meeting at 2:07 P. M. CITY COUNCIL 138 March 3, 1969 ORD. NS-958 c~r ~%t ORDINANCE NS-958 REPEALING BUSINESS PROMOTION DISTRICT CHAPTER 2 OF ARTICLE VI OF THE SANTA ANA MUNICIPAL CODE TO EFFECT DISESTABLISHMENT OF THE BUSINESS PROMOTION DISTRICT was adopted, on motion of Councilman Herrin, seconded by Councilman Brooks. AYES: Herrin, Brooks, Griset, Markel, Thurman, McMichael NOES: None ABSENT: Carlson ORD. NS-959 a% ~ ORDINANCE NS-959 AMENDING ZONING ORDINANCE AMENDMENTS CHAPTER 2 OF ARTICLE IX OF THE SANTA ANA MUNICIPAL CODE BY REPEALING SECTIONS 9230.80 THROUGH 9230.88 AND SECTIONS 9230. 100 THROUGH 9230. 108 AND ENACTING SECTIONS 9230.80 THROUGH 9230. 90 AND SECTIONS 9230. 100 THROUGH 9230. 110, REPEALING SECTION 9247.4 AND ENACTING SECTIONS 9247. ~ THROUGH 9247.4 (jj) was passed to second reading, on motion of Councilman Brooks, seconded by Councilman Griset and carried. RES. 69-35 ~ %0 RESOLUTION 69-35 CHANGING THE STREET NAME CHANGE NAME OF BOLSA AVENUE WITHIN BOLSA TO FIRST THE CITY OF SANTA ANA TO "FIRST STREET" was adopted, on motion of Councilman Griset, seconded by Councilman Herrin. AYES: Herrin, Brooks, Griset, Markel, Thurman~McMichael NOES: None ABSENT: Carlson RES. 69-36 ¢~ 50 RESOLUTION 69-36 CHANGING THE CIVIC CENTER STREET NAMES NAME OF EIGHTH STREET BETWEEN MAIN AND SEVENTEENTH STREET ON THE NORTHEAST AND EIGHTH STREET WEST OF MAIN AND CHANGING THE NAME OF NORTHEAST BOULEVARD TO SANTA ANA BOULEVARD AND FIFTH STREET was held over to the Council meeting of March 17th, on motion of Councilman Griset, seconded by Councilman Herrin and carried. RES. 69-37 - DEEDS, NO CASH RESOLUTION 69-37 ACCEPTING DEEDS FOR WHICH THE CITY IS PAYING NO CASH CONSIDERATION (Cohen, Warren, Tax Collector-Orange County) was adopted, on motion of Councilman Herrin, seconded by Councilman Griset. AYES: Herrin, NOES: None ABSENT: Carlson Brooks, Griset, Markel, Thurman, McMichael CITY COUNCIL 139 March 3, 1969 RES. 69-38 - DEED RESOLUTION 69-38 ACCEPTING A CIVIC CENTER-STREET WIDENING ~ DEED FROM THE COUNTY OF ORANGE FOR CIVIC CENTER PURPOSES WITH NO CASH CONSIDERATION was adopted, on motion (~ Councilman Griset, seconded by Councilman Brooks. AYES: Herrin, Brooks, Griset, Markel, Thurman, McMichael NOES: None ABSENT: Carlson OVERLAPPING DISTRICTS On motion of Councilman Griset, seconded by Councilman Brooks and carried, execution of agreement was authorized with the Garden Grove Sanitary District regarding trash collection in the overlapping districts of the City of Santa Ana and the Garden Grove Sanitary District. ENCROACHMENT On motion of Councilman Herrin, seconded by Councilman Griset and carried, agree- ment with Mr. Meat Ball, Inc. and Bessie Minor for encroaching sign at 313 West 17th Street was approved. COSTA MESA RESOLUTION Copy of Resolution from the City of Costa Mesa supporting Assembly Bill 236 regarding interchangeable use of library facilities with cities, schools and districts was ordered filed, on motion of Councilman Markel, seconded by Councilman Brooks and carried. LONG BEACH RESOLUTION Copy of Resolution from the City of Long Beach urging support of Senate Bill 4 which would assure predictability of the law and return a degree of control to local jurisdiction was ordered filed,: on motion of Councilman Thurman, seconded by Councilman Herrin and carried, and the City Manager was instructed to send. a copy'of the subject bill to the Councilmen. SAN CLEMENTE RESOLUTION Copy of Resolution from the City of San Clemente expressing opposition to oil drilling offshore from the Orange County Coast was ordered filed, on motion of Councilman Griset, seconded by Councilman Brooks and carried. LOS ALAMITOS RESOLUTION Copy of Minute Resolution from the City of Los Alamitos endorsing Senate Bill 285 regarding contracts for swimming pools was ordered filed, on motion of CounciLman Herrin, seconded by Councilman Griset and carried. CITY COUNCIL 140 March 3, 1969 VARIANCE AND CONDITIONAL ~ Decisions made by the Planning USE PERMITS CommiSsion or the Zoning Administrator, where no appeal has been filed, were affirmed, on motion of Councilman Griset, seconded by Councilman Herrin and carried, for the following: VA 69-1, WILLIAM LYON DEV. CO. ~ INCo - construct commercial- residential complex with less than required minimum yards and distances between buildings in the C R District at 3003-3115 South Bristol - APPROVED; VA 69-2, HONDA SANTA ANA - permit roofed wash rack to be constructed in the open in the C 2 District at 3-1 W. Warner - APPROVED; VA 69-4, OLIVIER - construct single family dwelling on property in the A 1 District with an existing single family residence at 4317 W. McFadden - APPROVED; VA 69-5, MOORE move in a 4 unit apartment building on property in the R 1 District with two existing single family dwellings at 1504-08 S. Parton- DENIED; VA 69-6, TOBERTY - construct office building on property in R 3 District without required side yards at 1605 N. Spurgeon - APPROVED; VA 69-7, SEGERSTROM CENTER - permit offstreet parking in the required front and street side yards and waive the required wall along the northerly property line in the P District at 201 E. 10th - APPROVED; VA 69-8, WILLIAMSON - move in six units on propertyin the R 2 District at 3521 W. Camille - APPROVED; CUP 69-1, PENTECOSTAL CHURCH OF GOD - convert existing store into church on property in the R I Disirict at 4821 W. 5th - APPROVED. ALCOHOLIC BEVERAGE LICENSE On motion of Councilman Herrin, APPLICATIONS CL~. seconded by CounciLman Griset and carried, the following Alcoholic Beverage License Applications were ordered filed: Soul Club, 1820 W. 1st, On Sale Beer & Wine, Person Transfer; Colony, 116 E. 4th, New On Sale Beer; Pussy Cat, 2509 S. Main, On Sale Beer, Person Transfer. TRAFFIC removed or installed February 8, ordered filed. On motion of Councilman Herrin, seconded by Councilman Griset and carried, report of control devices 1969 through February 20, 1969, was FINAL MAP, TRACT 6834 C~% ~q Final Tract Map. 6834, filed by Willis Boyd, creating 3 lots at the south side of Edinger Avenue and east side of Ritchey Street, was approved, dedications thereon accepted, and execution of sub- division agreement authorized, on motion of Councilman Herrin, seconded by Councilman Griset and carried. CITY COUNCIL 141 March 8, 1969 TENTATIVE TRACT 6855 Tentative Tract 6855, filed by Property Research Corporation, creating 24 lots on the west side of Flower, between MacArthur and Sunflower, was approved subject to conditions in Planning Director's report dated February 14, 1969, on motion of Councilman Griset, seconded by CounciLman Herrin and carried. TENTATIVE TRACT 6817 Tentative Tract 6817, filed by Louis H. Morner, creating 21 lots on the north side of Fairhaven, west of Greengrove, was approved subject to conditions in Planning Director's report dated ~ February 25, 1969, on motion of Councilman Griset, seconded by Councilman Herrin, on the following roll call vote: AYES: Herrin, Brooks, Griset, Thurman, McMichael NOES: Markel ABSENT: Carlson PARCEL MAP 593 Parcel Map 593, filed by Cai-Penn Land Company, creating 4 parcels on the west side of Euclid, north of McFadden, was approved subject to conditions in Planning Director's report dated February 19, 1969 and alley requirement was waived, on motion of Councilman Herrin, seconded by CounCilman Griset and carried. COUNCIL COMMITTEE Mayor McMichael made the following ASSIGNMENTS Council appointments to the various City Boards, Commissions and Departments as liaison representatives of the City Council: Fire Department: Bowers Museum Board: Police Department: Human Relations: Planning Department: Library Board: Pers0nnel Board: Public Works Department: Thomas W. Thurman Waiter Brooks, Thomas W. Thurman Lorin Griset Walter Brooks Wade Herrin J. Ogden Markel Wade Herrin, J. Ogden Markel Lorin Griset CITY COUNCIL 142 March 3, 1969 FEDERAL BUILDING aB~I On motion of Councilman Griset, seconded by Councilman Markel and carried, permission was granted for Mayor Tom McMichael and City Attorney William L. Mock to make a trip to Washington in regard to the proposed Federal Building in Santa Arm. Councilman Carlson arrived at the Council meeting at 3:05 P. M. AIRLINE SERVICE ~ 45 ~Glen Hatfield, representing Air California, requested Council to consider adoption of a resolution urging the Civil Aeronautics Board to provide airline routes between Orange County and Seattle and Portland. RESOLUTION 69-39 ENCOURAGING IMPROVEMENT OF AIRLINE SERVICE IN ORANGE COUNTY BY PROVIDING AIRLINE ROUTES FROM ORANGE COUNTY TO SEATTLE, WASHINGTON AND PORTLAND, OREGON was adopted, and full reading of the resolution was waived, on motion of Councilman Griset, seconded by Councilman Herrin. AYES: Herrin, Brooks, Carlson, Griset, Thurman, McMichael NOES: Markel ABSENT: None Councilman Markel stated that he was: not in favor of the above resolution. RECESS At 3:15 P.M., a five minute recess was declared. The Council reconvened at 3:25 P.M. with all Council members present. ORAL COMMUNICATIONS Janice Boer asked questions regarding the taxicab matter in court, and if selling candy door to door required a business license or charity solicitation application approval. Councilman Markel noted that an omission had been made in the Minutes of the Orange County League of Cities Executive Meeting of February 13 regarding figures quoted by Mr. Kenneth Sampson. Councilman Griset also reported on the meeting and suggested that Councilman Markel could bring the matter to the attention of the League at its next meeting to see if they wished to correct the Minutes. CITY COUNCIL 143 March 3, 1969 BUSINESS PROMOTION DISTRICT on motion of Councilman Herrin, The Accountants' Report of the Downtown Business Promotion District dated February 27, 1969, was ordered filed~ seconded by Councilman Griset and carried. JEROME PARK The City Manager reported that the low COMMUNITY CENTER BUILDING bidder on the Jerome Park Community Center Building had requested to withdraw his bid and stated that the staff was not ready to make a recommendation on a bid award at this time, but would have a recommendation for the March l?th meeting. RES. 69-40 RESOLUTION 69-40 REQUESTING THE AHFP COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF CERTAIN STREETS WITHIN THE CITY OF SANTA ANA was adopted, and full reading of the resolution was waived, on motion of CounciLman Brooks, seconded by Councilman Herrin. AYES: NOES: ABSENT: Herrin, Brooks, Carlson, Griset, Thurman, McMichael Markel None HEFUSE COLLECTION A request from Great Western CONTRACT Reclamation Company for Council to renew the Refuse Collection Contract with their company was referred to staff for study and recommendation, on motion of Councilman Brooks, seconded by Councilman Griset and carried. FLOOD CONDITIONS The City Manager reported on the recent potential disaster during the heavy rains when the SantiageCreek almost over- flowed and the considerable amount of damage that was done by the erosion of the banks. A video tape was shown on the flooding conditions. It was moved by Councilman Brooks, seconded by Councilman Griset and carried, that a proclamation be issued on behalf of the Mayor and City Council and the .City Manager's office thanking and commending all the citizens, the many organizations and groups, the Marine Corps., and the City employees for the tremendous amount of help given to the City during the recent flooding conditions of the Santiago Creek, and that the proclamation be published in The Register', and that it be expedited aS quickly as possible. BUDGET TRANSFER On motion of Councilman Griset, seconded by Councilman Brooks and carried, it was authorized that funds be transferred from Account 11-000, City Council Contingency Reserve Fund in the amount of $204,000 to Account 11-537, Public Works, Santiago Creek. CITY COJNCIL 144 March 3, 1969 DISASTER FUNDS C~ ~( Council discussed possible means of replacing the funds that had been spent during the recent flooding conditions. The City Manager also recommended that meetings be held with the property owners adjacent to the Santiago Creek whose property had been damaged. A motion was made by Councilman Griset, seconded by Councilman Brooks, that the City Manager be authorized to make application for disaster funds, to be filed with the State of California, to cover the total expenditure of the public losses. Councilman Thurman requested that the vote on the motion be held over to the evening meeting in order that he could study the material on the matter. Later, at the evening session of the City Council, Councilman Thurman stated that he knew very little more than he knew at the afternoon session, and asked the City Attorney whether, if he were to vote in favor of the motion, it could be reconsidered later. The City Attorney replied affirmatively. The motion was adopted on the following roll call vote: AYES: Brooks, Carlson, Griset, Markel, Thurman, McMichael NOES: Herrin ABSENT: None Councilman Herrin qualified his negative vote by stating he was not convinced that this was the proper thing to do. Councilman Markel qualified his affirmative vote by stating that he looked with disfavor upon all of these grants; however, in this instance, he felt it was a disaster, not created by man. Councilman Thurman stated that he voted affirmatively for lack of information and that he had been promised the information would be supplied to him. HARBOR DISTRICT Janice Boer stated to Council that all that needed to be done regarding the Harbor District to protect the people in this county was to get a bill through the Legislature to restrict the taxing powers of that District, and requested the Council to take advantage of some of her files on the subject. TOPLESS BARS Councilman Herrin inquired if there were any possible action that could be taken to keep the topless bars from spreading. The City Manager explained that this field is preempted by the State, and there is nothing the City can do about the situation. RECESS At 5:15 P.M., the meeting was recessed to 7:30 P. M., at which time it was reconvened with all Council members present. Following the Pledge of Allegiance to the Flag, the Invocation was delivered by the Reverend Paul D. McCracken of the Reformed Presbyterian Church. CITY COUNCIL 145 March 3, 1969 ,AMENDMENT APPLICATION 638 Hearing was opened on Amendment ,i~ - Application 638, filed by the Planning Commission, to amend Sectional District Map 12-5-10 by rezoning property on the southwest corner of Eighth and Baker Streets from the R 1 and R 2 Districts to the C 4 District. There being no response to the call for testimony, the hearing was closed. The Planning Director explained that approval was recommended, but requested that final action be withheld until Closing of the escrow. On motion of Councilman Brooks, seconded by Councilman Thurman and carried, Amendment Application 638 was approved and the City Attorney was instructed to prepare an ordinance to reclassify the property according to Exhibit A. OIL WELL REGULATIONS Hearing was opened on proposed' amendments to the Zoning Ordinance amending Section 9246 of the Santa Ana Municipal Code, pertaining to oil well regulations. Mr. F. P. Gulen, of Standard Oil Company, spoke in favor of the proposed amendments. No one spoke in opposition to the proposed amendments. The hearing was closed. On motion of Councilman Herrin, seconded by Councilman Griset and carried, the proposed amendments to Section 9246 of the Santa Aha Municipal Code, pertaining to oil well regulations, were approved and the City Attorney was instructed to prepare the amending ordinance. Councilman Thurman voted "No". TAXI OPERATOR'S PERMIT Hearing was oPened on the appeal filed by May S. Parcelle from the Police Chief's denial of permit to operate a taxicab in Santa Ans. Mrs. Parcelle was present and explained to Council why she needed the permit and also explained the nature of the fiye .traffic violations she had received in the last two years which v~ere the cause for the denial of the permit. Mrs. Parcelle was advised tq.contact the City Manager's staff regarding the matter. ~ APPEAL 220 - VA 68-125 Council considered Appeal 220, filed HALL-LyON-HALL, LTD. by Sunset Builders, appealing Planning Commission's approval of Variance Application 6,8-125 to permit the establishment of a church inthe L P District, at 600 N. Golden Circle Drive, variance granted to Hall-Lyon-Hall, Ltd. Hearing onthe matter was held by Council on February 17th, at which time a motion was made by Councilman Carlson, seconded by Councilman Brooks, to uphold the action of the Planning Commission, and instruct the C, i,ty Attorney to prepare a resolution granting Variance Application 68-125 subject to Findings dated January'27, 1969. The matter was table to this meeting. It was moved by Councilman Herrin, seconded by Councilman Carlson and carried, to take the motion from the table for discussion. CITY COUNCIL 146 March 3~ 1969 Gary Taylor, representing the applicant, requested that Council pass the motion that had been tabled, and sta~ed that they would then like to proceed as rapidly as possible to have the Municipal Code amended to permit churches in the L P District. The motion before the Council at the time the matter was tabled, to uphold the action of the Planning Commission and instruct the City Attorney to prepare a resolution granting Variance Application 68-125 subject to conditions in Findings dated January 27, 1969, was adopted on the following roll call vote: AYES: Herrin, Brooks, Carlson, Griset, Markel, Thurman, McMichael NOES: None ABSENT: None c~% ax SOLICITATION APPLICATIONS On motion of Councilman Griset, seconded by CounciL-nan Herrin and carried, the following Solicitation Applications were approved: Chapter 1, American Ex-Prisoners of War, Inc., March 15-May 15, 1969. Future Auto Technicians of America, swap meet, car smash, car wash, March 4 - May 3, 1969. Jackson Little League, candy sale, March 10 - April 15, 1969. George SWeemyspoke on behalf of the Future Auto Technicians of America and displayed a model of the American Credo Freedom Foundation monument which will be put on the Santa Aha College Campus. Kay Robinson also spoke. It was moved by Councilman Herrin, seconded by Councilman Griset ~nd carried, that the City Attorney be instructed to prepare a resolution of commendation for these fine young people.c~ %~ PUBLIC PROPERTY USE ~ The Application for Special License to Use Public Property, St. Olaf Lutheran Church, open air public meetings, Saturdays, April 19 - October 18, 1969, at Bush and 4th Streets, 119 East 4th, was approved, on motion of Councilman Herrin, seconded by Council- man Thurrnan and carried. REIMBURSEMENT ~ ~ On motion of Councilman Griset, seconded by Councilman Herrin and carried, Council approved reimbursement to Golden West Industrial Park, $2, 340.82, for street improvements on the north side of McFadden east of Harbor. CITY COUNCIL 147 March 3, 1969 CENTENNIAL CELEBRATION Mr. Arthur Balensiefer, member of the Centennial Committee, displayed the official Centennial Seal to Council and reported on the various activities that were planned for Santa Ana's Centennial Year Celebration. He also requested that a letter of invitation be sent by Mayor McMichael to the President of the United States,for the July 4th' Centermial Celebration at the Santa Aha Bowl, and asked that the Balensiefer family, as representatives of the City of Santa Ana, be named in the letter to personally deliver the invitation to the President, since they will be in Washington at Eastel, time. On motion of Councilman Herrin0 seconded by Councilman Griset and carried, Council authorized Mayor McMichael to extend a letter of invitation to the President of the United States for the July 4th Centennial Celebration at the Santa Aha Bowl. STORM DAMAGE Additional films on t~ storm damage at Santiago Creek were shown at this time. BOWERS MUSEUM Council discussed a letter received from members of the Museum Board dated February 19, 1969 regarding a Christmas art display at the museum in December, 1969, and the City Attorney's opinion regarding legality of a museum exhibit based on a religious theme. The newly appointed liaison members of the Council to the Museum Board, Councilmen Brooks and Thurman, stated they would meet with the Museum Board and report back for the next' Council meeting. EXECUTIVE SESSION At 9:15 P.M. the City Council adjourned to Executive Session for approximately 15 minutes to discuss pending litigation. The Council reconvened in the Council Chambers at 9:30 P. M., with all Councilmen present. ADJOURNMENT of Councilman Herrin, At 9:30 P.M., there being no further business to come before the Council, the meeting was adjourned, on motion seconded by Councilman Carlson and carried. Maxine B. Vallery Clerk of the Council CITY COUNCIL 148 March 3, 1969