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HomeMy WebLinkAbout08-18-1969MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE · CITY OF SANTAANA, CALIFORNIA AuguSt 18, 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 present: Wade Herrin, Waiter Brooks, J. Ogden Markel, JerryM. Patterson~ Ray Villa and Mayor Lorin Griset. Also present were City Manager Carl J. Thornton, City Attorney William L. Mock, Assistant Director of Public Works Henry Mohle, Assistant Planner William R. Laycock, and Clerk of the Council Florence I. Ma16ne. MINUTES On motion of Councilman Brooks, seconded by Councilman Patterson and unanimously carried, the Minutes of the Regular Meeting of August 4, 1969 were approved as submitted. EXECUTIVE SESSION At 2:03 P. M., the City Council ad- journed to Executive Session for approximately three hours to interview, individually, the eight candidates seeking appointment to the City Council as the Councilman representing Ward 2, to fill the vacancy created by Thomas W. Thurman's resignation from the office on August 1, 1969. The CoUncil reconvened at 4:55 P, M., with the same members present. Mr. VernOn S. Evans~ 1231 South Baker Street, was appointed as a member of the City Council representing Ward 2 to fill the unexpired term of Thomas W. Thurman, on motion of CounciLman Villa, seconded by Council- man Herrin and unanimously carried. SANTA ANA JR. CHAMBER In response to a request from Mr. OF COMMERCE CENTENNIAL Martin Eckman, 908 South Elliot ART FESTIVAL Street, representing the santa Aha Jr. Chamber of Commerce, it was moved by Councilman Brooks, seconded by Councilman Villa and unanimously carried to waive Section 4261.17 of the Municipal Code and permit the Jaycees to hold a Centennial Art Festival, including sale of the paintings, in Prentice Park, September 6-7, 1969, with the proviso that such per- mission was for "one time only", and did not establish a precedent for future similar requests. ' PROJECT 6007 ' Acting on the recommendation of the REMODEL COUNCIL CHAMBERS City Manager, all bids received for Project 6007, Remodel Council Chambers, were rejected and the project was eliminated, on motion of Councilman Brooks, seconded by Councilman Patterson and unanimously carried. CITY COUNCIL -296- A.ugus~ iS; :1§69 RESOLUTION 69-131 PROJECT 7007 - RECONSTRUC- TION OF VALENCIA STREET CROSSING AND PARKING AREA AT SANTIAGO PARK terson and unanimously carried. RESOLUTION 69 -131 REJECTING ALL BIDS SUBMITTED ON PROJECT 7007 AND DIREC~rlNG SAID WORK TO BE PERFORMED BY CITY PERSONNEL was adopted on motion of Councilman Brooks, seconded by Councilman Pat- SPECIFICATION 251-104 ANNUAL PERIODICAL RE- QUIREMENT FOR LIBtLA. RY - 1969 - 70 City Manager reported that the time for receiving bids had been extended to August 26, 1969. On motion of Councilman Herrin, seconded by Councilman Patterson and unanimous- ly carried, the item was deferred to the meeting of September'2, 1969. PROJECT 6011 City Manager reported that no bids RE-LETTER STADIUM had been received for Project 6011, SEATS Re-Letter Stadium Seats. He requested and received authorization to negotiate a contract on the open market with the proviso that the contract amount fall within ten percent of the estimated cost, on motion of Councilman Patterson, seconded by Councilman Brooks and carried. Councilman Markel voted "No". PROJECT 6010 FURNISH AND DELIVER PORTABLE COMFORT STATION Council accepted the bid and award was made to Super Secure Showers, Inc. · Burlingame· California, (the sole bidder and within $100.00 of the City estimate) for Project 6010, Furnish and Deliver Portable Comfort Station, on motion of Councilman Brooks, seconded by Councilman Herrin and unanimously carried. SPECIFICATION 641160 Council accepted the bid and award FURNISH AND DELIVER MOBILE was made to Wenger Corporation, COVERED PERFORMING STAGE Owatonna· Minnesoto· (the sole bidder and under the City estimate) for Speci- fication 641160, Furnish and Deliver Mobile Covered Performing Stage, on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried. BID CALLS On motion of Councilman Brooks, seconded by Councilman Herrin, and unanimously carried, plans and speci- fications were approved and advertising for bids was authorized for the following: a. Spec. 641-164, Air Compressor; opening Septenber 100 1969. Re- placement of 1961 Air Compressor. b. Spec. 641-163, Ten (10) Portable Equipment Shelters with Ten (10) Bulletin Boards; opening September 9, 1969. CITY COUNCIL -297 - August 18, 1969 BID CALLS (continued) c. Spec. 641,162, Five (5) Trucksters, Three-Wheel Type with Pick-Up Beds; opening September 9, 1969. Three (3) are re- placements and two (2) are additions to the Fleet. Spec. 641-165, Street Sweeper, 1969'Model; opening September 10, 1969. Replacement of 1964, 4 cu. yds. Street Sweeper. Charged to Fund 76, Equipment Replacement. e. Spec. 641-166, Offset Duplicator; opening September 9, 1969. Pro~ect 5005, Traffic Signal and Lighting System at Warner and Pacific Avenues and at Edinger Avenue and Ritchey Street; opening September 8, 1969. READING WAIVED The full reading of ordinances and . resolutions, the titles of which appeared on the public Agenda, was waived, on motion of Councilman Her~in, seconded by Councilman Patterson and unanimously carried. ORD. NS-976 - ZONING ORDINANCE NS-976 AMENDING THE ORDINANCE AMENDMENT SANTA ANA MUNICIPAL CODE BY AMENDING SECTION 9230.281 OF PART 3, CHAPTER 2, ARTICLE IX THEREOF RELATING TO USES PERMITTED IN M'i (LIGHT INDUSTRIAL) DISTRICTS'was adoPted on motion of Councilman Brooks, seconded by Councilman Patterson, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Brooks, Patterson, Markel None Villa, Griset ORD NS-977 ORDINANCE NS-977 AMENDING THE FORTUNE TELLING SANTA ANA MUNICIPAL CODE BY AMENDING SECTION 4220 OF PART 2, CHAPTER 2, ARTICLE IV THEREOF RELATING TO FORTUNE TELLING was adopted on motion of Councilman Brooks, seconded by Councilman Herrin, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Brooks, Markel, Villa, Griset Patterson None ORD. NS-978 ORDINANCE NS-978 AMENDING THE RAILWAY CROSSINGS SANTA. ANA MUNICIPAL CODE BY REPEALING SECTION 3291 OF PART 9, CHAPTER 2, ARTICLE III, RELATING TO RAILWAY CROSSINGS was ~l~pted on .m. otiq,n of.Councilman BrOoks, s'econded Councilman Villa,: on the owing roil call vote: AYES: Herrin, Brooks, Markel, Patterson, Villa, Griset NOES: None ABSENT: None CITY COUNCIL -298 - August 18, 1969 ORD. NS-979 ORDINANCE NS-979 AMENDING ARTI- BUSH STREET ALIGNMENT CLE IX OF THE SANTA ANA MUNICI- PAL CODE BY ADDING SECTION 9271. 64 TO PART 7, CHAPTER 2, THEREOF, RELATING TO SPECIFIC PLANS FOR STREET ALIGNMENT. (Bush Street - 10th to Washington) was passed to second reading, on motion of Councilman Brooks, seconded by Council- man Herrin and unanimously carried. RES. 69-124 EASEMENT CONDEMNATION RESOLUTION 69-124 AUTHORIZING CONDEMNATION OF EASEMENTS FOR STREET PURPOSES ON THE SOUTH- WEST CORNER OF SEVENTEENTH AND FLOWER STREETS was adopted on motion of Councilman Brooks, seconded by Councilman Patterson and unanimously carriedt RES. 69-125 RESOLUTION 69-125 OBJECTING STATE IMPOSED PROGRAMS STRENUOUSLY TO STATE IMPOSED PROGRAMS WHICH INVADE LOCAL SELF-GOVERNMENT was deferred to the meeting of September 2, 1969, on motion of Councilman Herrin, seconded by Councilman Brooks and unanimously carried. RES. 69-127 RESOLUTION 69-127 ACCEPTING DEED, NO CASH A DEED AND AN OFFER OF DEDICA - TION FROM KNICKERBOCKER'S FOR WHICH THE CITY IS PAYING NO CASH CONSIDERATION. (Streetpur- poses, northwest corner of Bush and llth and northeast corner of Main and llth) was adopted on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried. RES. 69-128 RESOLUTION 69-128 ACCEPTING DEEDS, NO CASH DEEDS FOR WHICH THE CITY IS PAYING NO CASH CONSIDERATION (Santiago Development, water main and vehicular access, west side of Main, north side of Segerstrom; Bear et al, street purposes, south side of MacArthur, west of Green- ville; Covington Bros., street purposes, south side of MacArthur, west of Greenville; Santa Ana Unified School District, street purposes, St. Andrews Place, west of Fairview) was adopted on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried. RES. 69-129 RESOLUTION 69-129 AUTHORIZING DEEDS, NO CASH EXECUTION OF QUITCLAIM DEED TO OWNERS OF RECORD WITH NO CASH CONSlDERA.TION (Various owners, vehicular access rights, west side of Bristol, north of Central) was adopted on motion of Council- man Herrin, seconded by Councilman Patterson and unanimously carried. CITY COUNCIL -299- August 18, 1969 RES. 69-130 RESOLUTION 69-130 ACCEPTING DEEDS: CASH DEEDS FROM DON S. MOZLEY, ORANGE COUNTY TAX COLLECTOR FOR WHICH THE CIT~ IS PAYING A CASH CONSIDERATION. (Street and drainage purposes, northeast side of Century, south of 17th, north of Edinger, west of Douglas, south of Wilshire, west of Douglas, south of McFadden and west of Douglas) was adopted on motion of Councilman Herrin, seconded by CounciLman Brooks and unanimously carried. JOINT POLE AGREEMENT An agreement between Southern SOUTHERN CALIFORNIA California Edison Company and the EDI'SON COMPANY City for joint use of Edison poles along the north side of Sunflower, east and west of Ross Street, was approved and its execution by the Mayor authorized, on motion of Councilman Herrin, seconded by Council- man Brooks and unanimously carried. CIVIC CENTER A.n agreement with the County of CENTRAL UTILITY Orange for joint use of the Civic FACILITIES AGREEMENT Center Central Utility Distribution System was approved and its execu- tion by the Mayor and City Clerk authorized on motion of Councilman Herrin, seconded by Councilman Brooks and unanimously carried. EASTERN DOWNTOWN A letter dated August 1, 1969, from TRAFFIC ALIGNMENT the Santa Ana City Center Association, requesting planning and development of a diversionary traffic alignment east of French Street connecting Fruit, Sixth, Fifth and Fourth Streets~ was referred to Staff on Councilman Brooks' motion; seconded by Councilman Herrin and unanimously carried. COSTA MESA RESOLUTION Resolution 69-57 of the City of Costa Mesa relating to the Corps of Engineers' work on the Santa Aha River and urging adoption of a similar resolution by this City, was referred to Staff on motion of Councilman Brooks, seconded by CounciLman Herrin and unani- mously carried. ALCOHOLIC BEVERAGE On motion of Councilman Herrin, LICENSE APPLICATIONS seconded by CounciLman Patterson and unanimously carried the following Alcoholic Beverage License Applications were ordered filed: Sugar Shack: 3610-B West Bolsa, On Sale Beer, Person Transfer; Fredricks, Henry A.: 1215 "A" East Pomona, On Sale Beer, Person Transfer; Silver Room, 4209. West Bolsa~ New On Sale Beer; 7 - 11, 1532 South Flower, Off Sale Beer and Wine, Person Transfer; Chili Pepper, 2107 East 17th Street, New On Sale Beer and Wine; Stop N Go, 4410 West 5th Street Off Sale Beer and Wine, Person Transfer; Sidney~s Market, 511 North Harbor, New Off Sale Beer and Wine; 7-11 # 482-015:19-20 North Bristol, Off Sale Beer and Wine, Person Transfer; The Stake Out, 9.317 West 1st Street, On Sale Beer, Changing Corporation Name. CITY COUNCIL -300 - August 18, i969 ,mi VARIANCES AND CONDITIONAL' ~t ~as moved by Councilman Brooks, USE PERMITS seconded by Councilman Patterson and carried, to adopt the findings of fact, conclusions and decisions of the Planning Commission or Zoning Adminis- trator as actions of the City Council on the following: VA 69-46, UNITED STATES MACHINERY MART - To utilize a trailer for a temporary office in the CR District - APPROVED; VA 69-47: PEDRO ROA. PENAFLOR - To construct an additional single family dwelling on a lot in the R 1 District with an exi~tir~g residence - APPROVED; VA 69-48, PAUL CUCOVATZ - To construct an additional single family dwelling on slot in the A 1 District with two eXisting residences - APPROVED; VA 69-49, FREDRICKS DEVELOPMENT CORP..,- To construct a two-story, 501-unit garden apartment complex in the R 4 District within 150' of R 1 zoned property - APPROVED; VA. 69-50, DENNIS P. CURTAIN - To permit four mildly retarded men to reside in a single family dwelling in the R 1 District - APPROVED; VA 69-53, UNITED CALIFORNIA. BANK - To construct a bank building that encroaches approximately 5' into the R 2 B District - APPROVED. VARIANCE 69-44 Following discussion concerning the B. B. BENDER & JOSEPH reasons for Planning Commission SHERMAN denial of Variance 69-44, filed by B. B. Bender and Joseph Sherman, to construct a mobile home park for approximately 204 units in the M 1 District, it was moved by Councilman Markel, seconded by Councilman Herrin and unanimously carried, to adopt the findings of fact, conclusions and decisions of the Planning Commission as the action of the City Council. TRAFFIC Councilman Herrin, car rte d. Report of control devices removed or installed July 28 to August 11, 1969, was ordered filed on motion of seconded by Councilman Patterson and unanimously Due to a conflict of interest on the following item, Mayor Griset left the Council Chamber. PARCEL MAP 621 Parcel Map 621, filed by Pacific Investments, creating four R 4 parcels located generally on the south side of MacArthur Blvd., 333 feet east of Bristol Street, was approved, subject to conditions in Planning Director's report dated August 12, 1969, and alley requirement waived, on motion of Council- man Patterson, seconded by Councilman Markel and unanimously carried. Mayor Griset returned to the Council table. CITY COUNCIL -301- August 18, 1969 PARCEL MAPS (continued) PARCEL MAP 623 Parcel Map 623, filed by Don H. Kay, creating two M 1 parcels located generally on the southeast corner of St. Gertrude Place and Grand Avenue, was approved subject to conditions in Planning Director's report dated August 12, 1969, and alley require- ment was waived, on motion of Councilman Herrin, seconded by Council- man Markel and unanimously carried. Due to a conflict of interest on the following item, Mayor Griset left the Council Chamber. PARCEL MAP 620 Parcel Map 620, filed by Pacific Investment, Inc., creating two parcels, one R 4 parcel and one CR parcel, located generally northeast of the intersection of Bristol Street and MacArthur Boulevard, was approved° subject to conditions in Planning Director's report dated August 12, 1969, and alley requirement was waived, on Councilman Patterson's motion, seconded by Councilman Brooks and unanimously carried. Mayor Griset returned to the Council table. CENTENNIAL FIESTA. Plans for the Centennial Fiesta to be held on October 17, 18, 19 on City property within the Civic Center area near Fourth and Ross Streets, were outlined by Mr. Frank Benjamin, Chairman of the Centennial Fiesta Committee. They included: (1) Booths to be operated by various non-profit groups; (2) A carnival which will provide all necessary utility services and the operator will comply with all City regulations; ,(3) Use of the City's newly purchased mobile stage for daily presentation of two performances demonstrating Mexican folklore and dancing. It was moved by Councilman Villa, seconded by Councilman Brooks and unanimously carried to permit the Centennial Fiesta Committee to use the City owned property at Fourth and Ross Streets for the purposes outlined, with the proviso that no precedent had been established and that the decision to waive Section 4261.17 of the Municipal Code was predicated solely on the Centennial celebration. RECESS At 5:40 P.M., the meeting was recessed to 7:30 P. M., at which time it was reconvened with the same Council members present. Following the Pledge of Allegiance to the. Flag, the Invocation was delivered by the Reverend Ole Winter, St. Peter's Evangelical Lutheran Church. CITY COUNCIL -302- August 18~ 1969 INSTALLATION , Mayor Griset recognized Mr. Vernon S. Evans and again announced his unanimous appointment to the Council. The Clerk of the Council administered the Oath of Office to the newly appointed Councilman and he took his place at the Council table. SPECIAL RESOLUTION P~SOLUTION 69-126 SPECIAL RESOLUTION OF COMMENDATION FOR THOMAS W. THURMAN, former Councilman, was adopted on motion of Councilman Herrin, seconded by Councilman Markel and unanimously carried. Mayor Griset announced that formal presentation of the Resolution to Mr. Thurman would be made at the September 2 meeting. CITATION FOR PEDESTRIAN Mr. Stewart Wilkinson, representing PROGRAM IMPROVEMENT the Automobile Club of Southern California, presented to the City a Citation for Pedestrian Program Improvement awarded by the American Automobile Association in conjunction with the Automobile Club of Southern California. It was accepted by Captain Johnson of the Police Department. ORD. NS-980 ORDINANCE NS-980 AMENDING THE MOBILE X-RAY UNITS SANTA. ANA MUNICIPAL CODE BY ADDING CHAPTER 7 TO ARTICLE V THEREOF, CONCERNING REGULATION O1~ I~OBILE X-RAY UNITS was passed to second reading on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried. AMBULANCE SERVICE Letters from Schaefer's Ambulance Service, Santa Ana, Southland Ambu- lance Service Buena Park, and Care Convalescent Ambulance, Stanton, requesting per***ission to provide additional ambulance service within the City and a report from the City Manager on the matter were considered by the Council. The Mayor recognized Mr. Carlos Paladini, representing Schaefer's Ambulance Service, who stated that following receipt of written notification from the Chief of Police that Schiefer's Ambulance would be placed on medical aid calls beginning August 21, 1969, he had for- warded a letter to Council requesting three additional ambulance per- mits (the company presently holds two such permits) in order to main- tain an adequate level of service throughout the City. Mayor recognized Mr. Morgan, Morgan Ambulance Service, who stated that originally Schaefer's Ambulance did not want to respond to house calls; that his company had undertaken the house calls and had been doing a good job; and that he did not think it would be fair to place them on this list now. CITY COUNCIL -303- August 18, I969 AMBULANCE SERVICE (continued) Pursuant to Municipal Code Section 8381.2, public hearings: were set to consider the applications and to detei~ine whether or not a Certificate of Public Convenience and Necessity shall be issued to Shaefer's Ambulance Service, Southland Ambulance Service and Care Ambulance Service, on motion of Councilman Brooks, seconded by Councilman Herrin and carried. Councilman Villa voted "No". MAIL SERVICE Council considered a report dated August 8, 1969,~ from the City Attorney, regarding a request from American Postal Corporation for a waiver of Municipal Code Section 3823, which would permit the company to distribute third class mail by enclosing it in a plastic container and attaching it to the doorknob of residences. On motion of Councilman Brooks, seconded by Councilman Herrin and carried the City Attorney was instructed to prepare an ordinance amending Section 3823 by deleting the words, "or attach the same to any part of such building", for the Council meeting of September 2, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Brooks, Evans, Griset Markel, Patterson, Villa None WEED ABATEMENT A report from the Director of Public Works of the investigation into the objections made by Mr. John Van Dyke to his abatement charge and Mr. Fred Castro to the workmanship for their properties, AP-109-565-33 and AP-009-172-05, respectively, was considered by the Council Following discussion, it was moved by Councilman Brooks, seconded by Councilman Herrin and unanimously carried to confirm the assess- ment charge in each case UTILITIES UNDERGROUNDING A schedule for the City's utilities PROGRAM undergrounding program, prepared by the City Manager, dated August 14, 1969, was confirmed with the proviso that the Staff keep the Council advised on the matter, on motion of Councilman Brooks, seconded by Councilman Patterson and unammously carried. RECESS same Council members present. At 8:05 P. M., a five-minute recess was declared. The Council re- convened at 8:10 P. M., with the CITY COUNCIL -304- August 18, 1969 SURPLUS BUILDING After considering Surplus Property Report 25-69, regarding a one-story industrial building, attached office, at 1001 Fruit Street, Council declared the building surplus and authorized its demolition, on motion of Councilman Markel, seconded by Councilman Herrin and unanimously carried. BOND RELEASE - Acting on the Public Works Direc- TRACT 6737 tot's report of satisfactory comple- tion of improvements, on motion of Councilman Markel, seconded by Councilman Patterson and unanimously carried, Council authorized release of bonds for Tract 6737, Franzen Avenue and Ponderosa Street. ORD. NS-981 ORDINANCE NS-981 OF THE CITY FIXING TAX RATE OF SANTA ANA, CALIFORNIA, FIXING THE AMOUNT OF MONEY ASCERTAINED TO CARRY ON THE VARIOUS DEPARTMENTS OF THE CITY, AND TO PAY THE BONDED INDEBTEDNESS FALLING DUE FOR THE CURRENT YEAR 1969-70, FIXING THE RATE OF TAXATION FOR SAID CURRENT YEAR, AND DESIGNATING THE NUMBER OF CENTS ON EACH $100.00 OF ASSESSED VALUATION FOR VARIOUS FUNDS OF SAID CITY HEREBY LEVIED ON THE WHOLE OF THE TAXABLE PROPERTY IN SAID CITY was adopted as an emergency ordinance on motion of Councilman Patterson, seconded by Councilman Herrin on the following roll call vote: AYES: NOES: ABSENT: Herrin, Brooks, Evans, Patterson, Villa, Griset Markel None ORD. NS-981 ORDINANCE NS-981 OF THE CITY FIXING TAX RATE OF SANTA ANA, CALIFORNIA, FIXING THE AMOUNT OF MONEY ASCERTAINED TO CARRY ON THE VARIOUS DEPARTMENTS OF THE CITY, AND TO PAY THE BONDED INDEBTEDNESS FALLING DUE FOR THE CURRENT YEAR 1969-70, FIXING THE RA.TE OF TAXATION FOR SAID CURRENT YEAR, AND DESIGNATING THE NUMBER OF CENTS ON EACH $100.00 OF ASSESSED VALUATION FOR VARIOUS FUNDS OF SAID CITY HEREBY LEVIED ON THE WHOLE OF THE TAXABLE PROPERTY IN SAID CITY was passed to second reading on motion of Councilman Patterson, seconded by Councilman Herrin and carried. Councilman Markel voted "No". SOLICITATION APPLICATION The Solicitation Application of the Lions Club of Santa Aha to hold its "White Cane" street sale on Friday, September 5, 1969, was unanimously approved on motion of Council- man Villa, seconded by Councilman Patterson. CITY COUNCIL -305- August 18, 1969 HUMAN RELATIONS Councilman Patterson announced the FORMATION COMMITTEE resignation of Mr. Rick Mireles from the Human Relations Formation Committee. Following discussion, it was moved by Councilman Patter- son, seconded by Councilman Villa and unanimously carried to accept the resignation of Mr. Mireles and tO appoint as his replacement Mr. Larry Rios, 9.411 South Halladay Street. ADJOURNMENT on motion of Councilman Herrin, and carried. There being no further business to come before the City Council, the ] meeting was adjourned at 8:35 P. M., seconded by Councilman Patterson fence I. Malone Clerk of the Council CITY COUNCIL -306- August 18, '1969