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Home My WebLink About08-04-1969MINUTES OF THE i~EGU.LAR MEETING OF THE CITY COtUNCIL OF TH.E CITY OF S,~NTA ANA, CALIFORNIA August 4, 1969 The meeting was called to order at 2:00 P.M. in the First Assembly of God Church, 500 West Sixth Street, with the following Councilmen pre.~nt: Walter Brooks, J. Ogden Markel, l~ay ¥illa and Mayor Lorin Gria~t. Councilmen Wade He~rin and Jerry M. Patterson were ~bsent, but.Councilman Patterson arrived later. Also present were City Manager Carl /r. Thornton, City Attorney William L. Mock, Director of Public Works Ronald Wolford~ Director of Planning Van Stevens, and Clerk of the Council Florence I. Malone. MINUTES On motion of CouncilmanlVilla, seconded by Councilman Markel and unanimously carried, the Minutes of the Regular 'Meeting..of_/ruly 22, 1969 were app~oved~.s subrnitted, Councilman Patterson arrived at the Council r~eeting at 2:02 P.M. Due to a~coni'lict of interest on the following item~ Mayor Griset le~t the Council Cha. mb Jr s. ~- I~ES. 69o123 - DEEDS, NO CASH I~ESOLUTION 69-123 ACCEPTING EASE- MENT DEEDS FOR SEWEI~ AND DRAINAGE PURPOSES WITH NO CASH CONSIDEI~ATION was adopted', on motion of Councilman Patterson, secc. nded by Councilman Villa and u~animously carried. M~¥or ~risat l~,eturned to the Council table. EXF.~CU~I'.I~E SESSION At 2:05 P.M., the. City Council adjourned to Executive Sesaio~ for approximately one hour to consider appointments of two Women and two youths to the Human l~elations Formation Committee and to discuss the procedure Council will take in regard to the vacancy on the City Council created by the resignation of Councilman Thurrnan. The Council recon- venedat 3:12 P.M.. with the same Council members present. Mayor Griset annottaced that th~ Council would like persons interested in applying for the vacant seat on the City Council to do so within the next ten days, through August 14; application to be made through the office of the Clerk of the Council; that interviews would be scheduled for the next Cotmcil meeting, August 18, during Executive Session; and that the Council would appreciate the' coopera~i0n .of the Press in making this information known to the public. CITY COUNCIL - 286 - August 4, 1969 [ [ Mrs. Janice Boer, 912 N. Lowell, 'sUggested that the Council specifically let it be known that applications from the 'conservative' element of the community would be welcome. Councilman Markel stated that the only concern of the Council was in appoint- lng the best quali£ied candidate who would serve in the best interests of the City; and that in his opinion there were no "minorities" -- only Americans. PROJECT 6007 Acting on the recommendation of the City REMODEL COUNCIL CHAMBERS Manager, award of contract for Project 6007, Remodel CounciI Chambers, was held over to the August 18 Council meeting, on motion ~f Councilman Brooks, seconded by Councilman Markel and unanimously carried. ' PROJECT 7006 On motion of Councilman Brooks, seconded BAKER STREET FOOTBRIDGE by Councilman Markel and unanimously carried, all bids received for Project 7006, Baker Street Footbridge over S~ntia-go Creek and Construction of Storm Drain Outlet Headwa11, were rejected and staff was authorized to readvertise for bids. PROJECT 7007 Acting on the recommendation of the C-ity VALENCIA STREET CROSSING Manager, award of contract for Project 7007, ReconstructiOn'of Valencia Street Crossing and Parking Area at Santiago Creek in Santiago Park, was held over to the August 18 Council meeting, on motion of Councilman Brooks, seconded by Councilrnan Markel and unanimously carried. · BID CALLS On motion of Councilman' B rooks, e'econded by Councilman Patterson and carried, pla~w and specifications were apprOVed a~df ad- vertising for bids was authorized for the following: Spec. 641-160 - Furnish and Deliver Pre-fabricated Mobile Stage, opening August 18. Spec. 641- 141, Rescue-Salvage-Squad Combination for Fire,~Department, opening September 8. Spec. 641-159, Fire Hose, 1200 ft. 1 1/2", 1600 ft.~2 1/2"~ 1400 fi. 3", opening August 26. Spec. 641- 158, 50 Pic~C Table s, opening August 26. Spec. 251-104, Annual Periodical Requirements for Library - 1970, opening August 18. READING WAIVED The full reading of ordinances and resolutions, the tltles of which appeared on the public Agenda, was waived, on motion of Council- man Brooks, seconded by Councilman Patterson and unanimously carried. CITY COUNCIL - 287 - August 4,' 1969 ORD. NS- 974 - A .A. 647 ORDINANCE NS~974- CHANGING· DISTRICT CASKEY, DR~NKGERN CLASSIFICATION ON AMENDMENT APPLI~ . CATION 647 FILED BY D: C. C~SKEY AND R. E. DKINKGER.N AND AMENDING SECTIONAL DISTKICT. MAP 6-5-9 (EXHIBIT A,A. 647-A.) was adopted,, on motion of Councilman Patterson, seoonded by ~Counc~lrnan Ma.rke~, on' the fo/lowing roll call vote: AYES: NOES: ABSENT: Brooks, Markel, Patterson, Villa, Griset None :, Herrin : · ORD. NS-976 - ZONING ORDINAI~CE NS-976 AMENDING THE SANT, ORDINANCE AMENDMENT ANA MUNICIPAL CODE~'By AMENDING '~ , , SECTION 9230.28t OF PART.R; CI{APTER 5-, A~TICLE IX.THEREOF RELATING TO USES PERMITTED IN M I (LIGHT ~NDUSTRIAL) DISTRICTS was :pas.ed to secon~d reading, on motion;'of Council- rna~-Patterson, seconded by Councilman Brooks, on thi following roll call vote: AYES: Brooks, Patterson, Vill~, Griset NOES: Markel ABSENT: Herrin Prior to the vote on the motion, Councilman Markel reiterated his opposition to this Zoning Ordinance Amendment. OR0~ NS~977 . ORDINANCE NS-977 AMENDING THE FORTUNE,TELLING SANTA ANA MUNICIi~AL CODE BY' AMENDING SECTION ,4220 OF I~ART 2, CHAPTER Z, ARTICLE IV THEREOF RELATING TO FORTUNE TELLING ~&,s ,passed to second readinn, on motion of Councilman Brooks, seconded by Councilman Patterson and carried. Cotmcilman Patterson voted "No". ORD. NS- 978 ORDINANCE NS- 978 AMENDING THE RAILWAY CROSSINGS SANTA ANA MUNICIPAL CODE BY REPEALING SECTION 3291 OF PART 9, CHAPTER 2, ARTICLE IH, RELATING TO RAILWAY CROSSINGS was passed to second read/nE, on motion of Councilman Brooks, seconded by Councilrnan Markel and unanimously carried. RES. 69- 108 - V.A, 69- 24 Council considered RESOLUTION 69- 108 BELL AND WHINERY AFFIRMING THE DECISION OF THE PLANNING COMMISSION AND DENYING VARIANCE ON APPLICATION NO. V.A. 69-24, FILED BY RALPH A. BELL AND JESS L. WHINERY, continued /rom the July 22nd Council meeting. Councilman Markel reiterated his opinion that the building would enhance the area and that he was not in favor of adoptin~ this resolution. - 'CITY COUNCIL - 288 - 1'96'9 RESOLUTION 69- 108 (continued) RESOLUTION 69-I08 AFFIRMING THE DECISION OF THE PLANNING COM- MISSION AND DENYING VAR/ANCE ON APPLICATION NO. V.A. 69-24, FILED BY RALPH A.. BELL AND JESS L. WHINERY was adopted, on motion of Councilman Brooks, seconded by Councilman Patterson, on the following roll call vote: AYES: Brooks, Patterson, Villa, Griset NOES: Markel ABSENT: Herrin RES. 69-117 - RESOLUTION 69-117 OF THE CITY CENSUS QUESTIONNAIRE COUNCIL OF THE CITY OF SANTA ANA SUPPORTING THE ENACTMENT OF LEGISLATION TO ALLOW 1970 CENSUS QUESTIONNAIRE REPLIES TO BE ON A VOLUNTARY BASIS was adopted, on motion of Council'man~ Villa, seconded by Councilman Brooks, on the following roll call vote: AYES: NOES: ABSENT: Brooke, Villa, Griset Markel, Patterson Herrin RES. 69.118- EMPLOYEES After discussion bY Council, it was moved RESIDENCE BOUNDARIES by Councilman Patter son, seconded by Councilman Markel, to refer RESOLUTION 69-118 ENLARGING AND REESTABLISHING AN AREA IN WHICH SANTA ANA -CITY EMPLOYEES ARE REQUIRED TO MAINTAIN THEIR RESIDENCE (ordered by Council on July 22) to the Personnel Board for a recommendation to the City Council. The motion was adopted on the following roll call:vote: AYES: NOES: ABSENT: Brooks, Markel, Patterson, Griset Villa Herrin Yanice Boer expressed opposition to enlarging the employees residence bounda- ries. RES. 69-119 - DEEDS, NO CASH RESOLUTION 69-119 ACCEPTING DEEDS FOR WHICH THE CITY IS PAYING NO CASH CONSIDERATION was adopted, on motion of CoUncilman Brooke, seconded by CoUncilman Markel and unanimously carried. RES. 69-120 - DEED WITH CASH RESOLUTION 69-120 ACCEPTING A DEED FROM THE ESTATE OF ADA H. WYATT FOR WHICH THE CITY IS PAYING A CASH CONSIDEKATION OF $13,500 was adopted, on motion of Councilman Brooks, seconded by Councilman Patterson, on the following roll call vote: AYES: Brooks, Patterson, Villa, Griset NOES: Markel ABSENT: Herrin CITY COUNCIL - 289 - August 4, 1969 RES. 69-'121 RESOLUTION 6~-121 ACCEI~TI~G AN OFFER OF DEDICATION OFFER OF DEDICATION FROM'IRENE CHANDLER TURNER FOR WHICH THE ' C~TY IS PAYING NO CASH CONSIDERATION was adol~ted~ on motion of Councilman ~Brooks, seconded by Councitr~an Patterson and unanimously carried RES. 69-122 RESOLUTION 69-~22 ACCEPTING AN OFFER OF DEDICATION OFFER OF DEDICATION FROM FERMAN AND CONCEPCION ALARCON FOR WHICH THE CITY IS PAYING NO CASH CONSIDERATION was adopted, on motion of Councilman Brooks, seconded by Councilman Patter son and {manlrnously carried AMBULANCE SERVICE A letter from Schaefer's Ambulance Service, requesting three additional ambulance perrni~s was r~ferred to the ataff, for investigation and ~eport, on motion of Councilman VilIa, seconded by Councilman Brooks and carried. FREEWAY A letter from A. S. Koch, .Orange County Road Commissioner, regaeding freeway route location studies (State Highway Route 57)i suggesting appointment of a City Advisory Committee and approval of a proposal to ask State to furnish a private consultant was referred to staff for r~cornmendation, on motion of Councilman Brooks,' seconded b~ C°~ncilman Villw and carried. STATE IMPOSED PROGRAMS Council considered th~ re soIution 'adopted FOR LOCAL GOVERNMENT by the City of B~e~ regarding State xmposed programs for local government. The City Attorney was instructed to draft a similar resolution for adoptidn at the August 18 Council meeting ~ on motion of Councilman Brooks, sec'onded by Councilman Villa, on the £ollowing roll call vote: AYES: NOES:~ ABSENT: Brooks, Markel, Patterson, Villa, Geiset None Herrin RECESS pre sent .. At 4:15 P.M., a ten-minute recess was declared. The Council reconvened at 4:25 P.M., with the same Council members ALCOHOLIC BEVERAGE ,'LICENSE APPLICATIONS Applications were ordered filed: On motion of Councilman Brook's, seconded by COuncilman Patterson and carried, the following Alcoholic Beverage License Beef Chalet, 2601 W. Edinger, New On Sale Beer; The Pour House, 815 E. 1st, New On Sale Beer. CITY .COUNCIL - 290 - Augu:s~ 4, 1969 VARIANCE AND CONDITIONAL It was moved by Councilman Patterson, USE PERMITS seconded by Councilman Brooks and carried, to adopt the findings of fact, conclusions and decisions of the Planning Corarnlssion or Zoning Adrainistrator as actions of the City Council on the following: VA 69-40, FIRST NATIONAL BANK OF ORANGE - construct a 164 unit apartment complex in the A 1 District at 2601 N. Glasse11 - APPROVED; CUP 69-8, FERNDALE CHAPEL, INC. - permit cornrnercial uses on lot in the C Z and M 1 Districts with an existing wedding chapel at 3404 W. Westminster - APPROVED; CUP 69-9, JOHNSON - expand a home for the aged on lot in the R 3 District at 324 East Walnut - DENIED. TRAFFIC Report o£ control devices removed or . installed July 24, 1969 through July 28, .1969 was ordered filed, on motion of Councilman Brooks, seconded by Councilman Markel and carried. COUNCILMAN RESIGNATION On motion of Councilman Markel, Mayor Griset read aloud the letter of resignation from Councilman Thomas W. Thurman, Ward 2, ~effective August 1, 1969. seconded by Councilman Patterson and unanimously carried, the City Council accepted with regret the resignation of Thomas W. Thurman from the City Council and directed the City Attorney to ?repa~e a Res01ution of Comrnendation for Councilman Thurman for his services of the past twenty- eight months. Janice Boer asked the Council to consider letting the SO days' time.limit elapse (Section 403 of the City Charter provides that appointment to fill a vacancy on the City Council must be made within thirty days a/ter the of/ice becomes vacant, otherwise an election must be held to fill the vacancy) so that an election could be held to fill the vacant seat on the.Council, Councilman Brooks pointed out that it would be very expensive to hold a special election to appoint one Council- man who would only serve for eighteen months before the next regular municipal election. PARCEL MAP 622 Council considered Tentative Parcel Map 622, filed by United California Bank, creating two R 2B and C I parcels, located on the noetheast corner of 17th and Greenleaf Streets. W. Don Sinclair, representing United California Bank, objected to Items 4 c. and 4 d. in the conditions of approval and requested that payment be made by the City to the bank for the present building which is to be demolished because of the Seventeenth Street widening, since the bank would not be constructing a new building but simply enlarging its present building if Seventeenth Street were not going to be widened in 1974. The City Attorney explalned that an CITY COUNCIL - 291 - August 4, 1969 PARCEL MAP 622 (continued) agreement for payment for'the building prior to the City's need of the land .... for the s~reet"wfde~n~[ng ~o~ld constitute, a gift of,public funds, therefore .'-- ~, -'~11e"'a1; -,- . . ' z - - 'Tentative Parcel~ Map 6Z2 wa~ approved ~ubj~ct to c0ndi~ion~:iA .151~iinin~ D,r~ctor's report dated Jtl!¥ zg, 1969, and all, ey requi~em,,ent wls ~iW'ed, on motion of Councilman Brooks, seconded by COuncilman ,Vi~lla a~d unanimously carried. Due to -a c0n/Ii'ct 'of i~terest on the following item, Mayor Griset left the ~0/incil Chambers. TENTATIVE TRACT 6906 Revised Tentative Tract Map 6906, filed bY Francis E. Griset, creating 291 lots at the li0rth side of MacArthux., east of 'Brie~'.01, {vas approved subject to conditions in Planning Director's report dated ~uly 30, 1969, and alley i:equirement was waived, on motion of Council- man PatterSon, seconded by Councilman Villa and unanimously carried. Mayor Griset returned to the Council table. MAIL SERVICE Norm Packard, Amerf~an Pdstal Corpor- ation, requested waiver of Municipal Code S~ction 3823:,'t~ permit iiis con~pany to obta~.n a busmes, s hcense, explaining that his c'o/mpan, y~ .is engaged. ~n a ma~l serwce which distributes third class rnail, altho~igh i/is 'c'iasbifi~d'by Munici- pal Code Section 3825 as distribution of hand bills, which is illegal. Mr. Packard was adv/sed to consult w/th the City Attorney to see if the matter ~i~'~/'¥bsolved on an adn~inistrative level. HUMAN RELATIONS sanice Boer opposed the £or'mation of a COMMISSION Human Relations Commission on the ..... basi's th~:t it would create a ~eeper cleavage bdtwee~ grou~s in ~his city. CIVIC" CENTER ~FEDERA'L ' ' Bi~iLDING - MAyoR'S EXPENSES 19'69, by the 'Mayor for ,his .trip'tO Wash- ington, D.C., relative tothe ~ederal financing for the architectural design of }he proposed Civic Center Federal ,Building were unanimously approved and ~eimbursem~nt was au~thorized, on n~ot~ofl.°f Councilman, Bro~ks,, SecOnded. ~ b~ Councxlrn~n...: Patte. r son., Expe.nses incurre~ July 1'3 through July 18, ~ CiTY COUNCIL - 292 - A~gust 4, 1969 MUNICIPAL BONDS Following a report from Councilman Brooks that Congress is considering legislation that,would remove the tax exempt statue from municipal bonds, which would be detrimental to financing of municipal projects, it was moved by Councilman Brooks, seconded by Councilman Villa and unanimously carried, that the Mayor be directed to send & telegram to our Representatives in the House and Senate strongly opposing this legislation. RECESS At 5:15 P.M., the meeting was recessed to 7:30 P.M,, at which time it was re- convened, with the same Council mem- bers present. Following the Pledge of Allegiance to the FlaE, the Invocation was delivered by the Reverend Gerald Bash of the First Christian Church. HUMAN RELATIONS FORMATION On motion of Councilman Brooks, COMMITTEE APPOINTMENTS seconded tW Councilman Villa and unanimously carried, the following persons were appointed to the Human Relations Formation_ Committee: Mrs. Le Ray Quick Mrs. James Lu,kens Mr. Lewis Saunders The Mayor stated that Council had been unable to contact the fourth appointee (a young man) for confirraation, so would not make the appointment at this time. PUBLIC HEARING - S.P.S.A.#36 Hearing was opened on establishment BUSH STREET ALIGNMENT of specific street alignment for Bush Street from a point 200 feet south o£ Tenth Street to Washington Avenue, S.P.S.A. # 36 . Mrs. Weston Walker, Executive Secretary of LISA (Let's Improve Santa Aha) and Mrs. Franklin Davis, a member of LISA, spoke in opposition to the Bush Street alignment, stating they did not want the trees to be removed and requested that Council give careful thought to the replacement of the trees. Mrs. Claude Read, 204 East Washington also spoke in Opposition, stating that the allgnment wol~ld take ten feet off her lot. The recorarnendation of the Planning Commission was approved and the City Attorney was instruced to prepare an ordi.nance adding Section 9271.64 to the Municipal Code, designating alignment of Bush Street from a point 200 feet south of Tenth Street to WashingTon Avenue, as shown in S.P.S.A.# 36. CITY COUNCIL -293- August 4, 1969 ~PUB-I~IC HEARIN~ ' · Hearing Was, oped~d on:th~ i Street WEED ABATEMENT . ' ~ Superintendent's Repo~i for'C0Sts of Weed Abatement. John, van<Dyke, 1101 East.3rd Str~e~ objected.t~ the City's cl~rge of $146 for weed abatement of a portion of his parcel at 3025 West. Edin'ger,, stating that a member of the City crew had o//ered to complete 'the wo~rk for about $30. Fred Castro, 919 North Mountain View, also objdcted to the~'we~d abatement ~nhis property at 120 Hathaway Street, since he had done it himself and the City cleaned it about a month later, destroying one of his palm trees 'and some plants. Mr'. Castro'was advised to consult with the Staff on the matter, and the Sta-f/was requested to investigate the circumstances of Mr. Van Dyke's weed abatement. Th& Public Works. Director explained' thdt pPoperty owners hav;e' a final opportunity to protest their weed abstinent assessments after the'tax bills are sent out by' the 'County. The hearing was closed. RESOLUTION 69-1!3 OVERRULING OBJECTIONS TO REt~ORT OF STREET 'SUPERINTENDENT, APPROVING REPORT, AN.D Ot~I~ER~NG A COPY THEREOF FILED WITH THE COUNTY AUDITOR was adopted on moti'bn, of' C0uncilrnan Patterson, seconded by Councilman Brooks ?ahd unaninaously carried. "' ? ORANGE'COUNTY GENERAL On motion of Councilman Brooks, PLANNING REPORT seconded by Councilman Markel and ',~ ' unanimously' cal/=ie:d, th~.~ity. Council Went, on redord as suppor~inE;in princip, le the 'Oranl~e;Co/ui~y..Generil l~latming RePort'; RECESS 'members present. At 8:20 P.M., a five-rrnnute recess was declared. The Council reconvened at 8:25 P.M., with:the ,same Council SOLICITATION APPLICATION The Solicitation Application of Cystic Fibrosis Research Foundation for its annual door-to-door campaign, Sep- tember I - 15, 1969, was unanimously approved, on motion of Councilman Brooks, seconded by Cotlncilrnan Patterson. ' *CITY COUNCIL -294- AugUSt 4, 1969 PETITION - HILLVIEW Council considered the petition, con- REGENCY APARTMENTS taining approximately 134 signatures, filed by Hillview Regency Apartment Condominiums. Amendment Number 2 to Declaration of Covenants, Con- ditions and Restrictions and Power of Attorney of the HiLlvlew Regency Apartments, 1919- 1921 North Sherry Lane, which would allow adult occu- pants and children age 15 or over, except that children under that age will be allowed to visit for a maximum period of 14 days, in Unit dwellings Number 1 to Number 120, inclusive, was approved, on motion of Council- man, Patterson, seconded by Councilman Brooks and unanimously carried. PROBATE SALE On motion of Councilman Brooks, seconded by Councilman Villa, Staff was authorized to bid tor purchase of a lot located at 1905 West First Street (Project 1276, First Street from Townsend to Bush); bid not to exceed $11,500, on the following roll call vote: AYES: NOES: ABSENT: Brooks, Patterson, Villa, Griset Markel Herrin TV STATION Councilman Villa remarked.that he had attended a luncheon given by Golden Orange Broadcasting Company, inviting people to voice their opinion as to the need for a TV station in Orange County. He said they have not yet filed for a license and would like opinions from various Orange County leaders. HUNIAN RELATIONS Councilman Patterson announced that FORIVLATION COId-2vIITTEE the next meeting of the H~a~n. Relations Formation Committee would be Monday, August llth, 7:30 P.M., at Our Lady of Guadalupe Church, 541 East Central Avenue. ADJOURNMENT There being no further business to come before the City Council, the meeting was adjourned at 8:35 P.M., on motion of Councilman Brooks, seconded by Councilman Patterson and carried. Florence I, Malone Clerk o£ the Council CITY COUNCIL -295- August 4, 1969