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HomeMy WebLinkAbout10-02-1972MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA October Z, 1972 The meeting was called to order at 2:05 P.M. , in the Council Chambers of the City Hall Annex, 530 North Ross Street, with the following Councilmen present: Vernon S. Evans, Wade Herrin, J. Ogden Markel, Harry ti. Yamamoto, and Mayor Lorin Griset. Councilman Patterson arrived at Z:Z0 PoM., and Councilman Villa arrived at 7:30 P.M. Also present were City IV[anager Bruce C. Spragg, City Attorney James A. Withers, Acting Director of Planning Charles C. Zimmerman, Director of Public Works Ronald Wolford, and Clerk of the Council Florence Io Malone. MINUTES The Minutes of the Regular Meeting of September 18, 197Z were approved as submitted, on motion of Councilman Herrin, seconded by Councilman Yamamoto, and unanimously carried. EXECUTIVE SESSION Council recessed to an Executive Session at 2:10 P.M., to consider Personnel matters pertaining to appointments to the Personnel Board and the Library Board. The meeting reconvened at 3:25 P.M. with all Councilmen present except Council- man Villa. CONSENT CALENDAR Yamamoto; and Items 4, 5C, SE, The following Agenda items were removed from the Consent Calendar: Item 5B requested by Councilman 9B, 10 and 15 requested by Councilman Markel. On motion of Councilman Evans, seconded by Councilman Herrin, and unanimously carried, Council affirmed the recommended action on the following Consent Calendar items: BID CALLS Approved plans and specifications, and authorized advertisement for bids on the following: PROYECT 6062 - Construct ballfield lighting at Valley High School; opening date October 31, 1972, at Z:00 P.M. PROJECT 6072 - Slurry sealing in Aloha, Rostra, Jerome, Madison, Adams and Prentice Parks; opening date October 31, 197Z, at 2:00 P.M. SPEC. 72-019 - Three (3) High Band Mobile Radios; opening date November 7, 1972, 2:00 P.M. SPEC. 7Z-020 - Ten sets of aluminum bleachers for three softball fields at Centennial Park; opening date November 7, 1972, at 2:00 P.M. CITY COUNCIL MINUTES -379- OCTOBER 2, 1972 CONSENT CALENDAR - (Continued) SPEC. 72-021 - Ten Channel Communications Recording System; opening date November 7, 1972, at 2:00 P.M. Council extended the bid opening date to October 24, 1972 at 3:30 P.M., on the following: SPEC. 72-011 - Moving of all departments into new City Hall. BID AWARDS Awarded contracts as follows on the basis of lowest, best and most responsible bidder: PRO3ECT 6068 - Construct Concrete Sidewalk and Picnic Pads in Mabury Park; awarded contract to Goodman & Peloquin, I_nco , La Habra. PRO3ECT 6069 - Construct sprinkler system in Mabury Park; awarded contract to Powell Landscaping, Orange. PROJECT 6070 - Grade Mabury Park; awarded contract to 3. B. Crosby Co., Inc., La Palina. SPEC. 7Z-010 - Two each Solo Motorcycles; awarded contract to Honda Santa Aha, Santa Ana. SPEC. 723-240 - Vending Machine Concession in new City Hall; awarded contract to California Industrial Vending, Santa Fe Springs. ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and ordered filed the following Alcoholic Beverage License Applications: TIRITILLI, Rosindo, 3700 West Warner, Beer & Wine Importer and Wholesaler, Original; JCP PROVISION CO., INC., 3900 S. Bristol St., Off Sale Beer & Wine, Original. SOLICITATION APPLICATIONS Approved the following solicitation applications: GIRL SCOUT COUNCIL OF ORANGE COUNTY, calendar sale, door-to-door selling with booth sales to dispose of unsold calendars; to raise funds for the improvement and maintenance of camps and certain operating expenses concerned with camp program, and to keep camp fees at a minimum; November l, to December 1, 1972. CITY COUNCIL MINUTES -380- OCTOBER 2, 1972 CONSENT CALENDAR - (Continued) THE NATIONAL FOUNDATION - MARCH OF DIMES (ORANGE COUNTY CHAPTER), mailers, coin containers, Mothers' March, and special events under direction of Santa Aha volunteers; for research, patient care, and education in the area of birth defects and prenatal care, and genetic counseling; January 1 to February 1, 1973. ORANGE COUNTY EPILEPSY SOCIETY, volunteer 'block walkers soliciting donations door-to-door from the blocks on which they live; to raise funds for services and programs of the Epilepsy Society; November 1 to November 30, 1972. VARIANCES, CONDITIONAL USE PERMITS AND MINOR EXCEPT IONS Received and ordered filed the following applications: EX 7Z-15, LEONARD NOWAKOWSKI - For waiver of required solid wall and substitute chain link fence with redwood battens for recreational vehicle at 1602 E. Eding er; APPROVED. CUP 7Z-16, FIRST UNITED METHODIST CHURCH - To allow a child day care facility in an existing church at 609 N. SpurgeonSt; APPROVED. CUP ?Z-18, CALVARY CHAPEL - To construct church offices and religious book store in the M 1 District at 3001 W. Sunflower St; APPROVED° VA ?2-58, FLOYD SIMMONS ~ To allow the rental of U-Haul trailers in an existing service station at 5Z01 Wo First Street; API~ROVED. VA ?Z~67, DAVID & ESTHER HERMANSON ~ To allow an existing building roof to intrude into the front setback area at Z5Z0 No Grand Avenue; APPROVED. VA 72-68, PACIFIC TELEPHONE AND TELEGRAPH COMPANY - To construct a building addition which will have a total height of 48 feet less than 192 feet from R 1 property and to waive a 15' landscaped strip between the proposed building addition and adjacent R 1 property, at 3g00 S. Bristol Street; APPROVED° VA 72-69, MARTIN INDUSTRIAL PLAZA - To establish a metal recycling (salvage) business at 2127 So Grand Avenue; APPROVED. VA 72-70, H & J MABURY COMPANY ~ To construct a new car agency which will include those activities which are normally incidental thereto at 2059 East First Street; APPROVED. CITY COUNCIL MINUTES -381- OCTOBER 2, 1972 CONSENT CALENDAR - (Continued) PUBLIC PROPERTY USE contained in staff report: Approved the following Application for Special License to Use Public Property subject to all conditions OPPORTUNITIES INDUSTRIALIZATION CENTER OF ORANGE COUNTY, 1336 West Fifth Street to: (1) use the Recreation and Parks po~rtable show- mobile subject to payment of fees as set forth in Resolution 72-55; (Z) place a banner across Fifth Street from the south- west corner of the northwest corner of Hesperian Street with the proviso that it shall not: (a) obstruct the view of any traffic control devices; (b) be less than 17 feet above the crown of the pavement; (c) be secured to any telephone poles, light standards, signal standards nor to any street trees and (d) is to be safety secured against any anticipated wind loads. (3) have "No Parking" posted along the north side of Fifth Street between Pacific and Bristol. (4) serve beer at 1336 West Fifth Street° on Saturday, October 14, and Sunday, October 15, 1972, between the hours of 1:00 PoM. and 10:00 P.M. Council ratified administrative approval of the following application: CITIZENS FOR McGOVERN/SHRIVER, requested use of Jerome Park, Sunday, October 1, 1972, 3:00 P.M., to 5:00 PoM., for an open-air meeting and registration rally. DEEDS, NO CASH Received and ordered filed a GRANTEE, CITY report of No-Cash Deeds accepted by the City Manager, pursuant to Resolution #69-156, from September 14 through September 27, 1972, inclusive. DEEDS WITH CASH GRANTOR, CITY with the sale: Approved the following deed and authorized the Mayor to sign all necessary documents in connection STEVENS, northwest corner Shannon and Wisteria Place, Tract No. 4548. CITY COUNCIL MINUTES -382- OCTOBER 2, 1972 CONSENT CALENDAR - (Continued) COMPLETION OF IMPROVEMENTS Authorized release of ,performance, monument, labor and material bonds on the following: TRACT 7089 - Ross Street and Columbine Street TRACT 7163 - Alton Avenue and Birch Street° REIMBURSEMENTS Authorized the following reimburse- ments: WINMAR COMPANY, INCo, for street improvements on the north side of Sunflower Avenue from Bristol Street to 990 feet west and the west side of Bristol Street from Sunflower Avenue to 1872 feet north in exchange for ultimate dedication, VA 70-68, in the amount of SZZ~ 761o Z0. SANDVILLE CONSTRUCTION CO., for street improvements on the east side of Standard Avenue from 616 feet to 879 feet south of McFadden Avenue and south of McFadden Avenue from 349 feet to 616 feet east of Standard Avenue in exchange for ultimate dedication, RS 844, in the amount of Sz, 777.17. ARNEL DEVELOPMENT CO., for street improvements on the east side of 3Eucl'id Street from 19Z feet to 526 feet south of McFadden Avenue in exchange for ultimate dedication, VA 71-52, in the amount of $2~189.11o ** * ** * * ** CONSENT CALENDAR FINIS * ** *** * ** TRAFFIC The report of control devices removed or installed September 12 through September 2Z, 197Z, inclusive, was ordered received and filed on motion of Councilman Yamamoto, seconded by Councilman Evans, and carried with Councilman Herrin dissenting. ALCOHOLIC BEVERAGE The following ABC Application was LICENSE APPLICATIONS ordered received and filed on motion of Councilman Herrin, seconded by Councilman Evans, with Councilman Yamamoto voting NO; HAMMON, Dorothy Vo and Robert Eo, 2525 West 17th St., On Sale Beer, Person to Person Transfer. On motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried, Council instructed the City Attorney to prepare a letter of protest,based on the Police report, on the following ABC Application: ROHM, Erwin A., 1112 N. Harbor Blvd., On Sale Beer & Wine Eating Place, Person to Person Transfer. CITY COUNCIL MINUTES -383- OCTOBER 2, 1972 ALCOHOLIC BEVERAGE LICENSE APPLICATIONS - (Continued) On motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried, Council instructed the City Attorney to prepare a letter of protest, based on the Police report, on the following ABC Application: HESS, James P., lZ12 S. Bristol St., On Sale Beer, Person to Person Transfer. DEED WITH CASH On motion of Councilman Evans, GRANTEE, CITY seconded by Councilman Herrin, and unanimously carried, Council approved the following deed and authorized the Mayor to sign all necessary documents in connection with the purchase: CRISS and PENNY, northeast corner Flower and Third Streets, street purposes. TENTATIVE PARCEL MAP On motion of Councilman Patterson, #769 seconded by Councilman Herrin, and carried, with Councilman Markel voting NO, Council approved the following Tentative Parcel Map subject to conditions contained in the Planning Director's Report: TENTATIVE PARCEL MAP #769 - Filed by Niles Gates creating seven (7) M 1 parcels to be used for industrial purposes. All parcels are located generally on the south- west corner of Ne'~rport Circle and Ritchey Street. SURPLUS PROPERTY On motion of Councilman Evans, seconded by Councilman Herrin, with Councilman Markel voting NO, the following property was declared surplus, and demolition was authorized: SURPLUS PROPERTY REPORT #72-25 for improvements located at 1419 West First Street, acquired in connection with Project 1276, Section IV, First Street from Townsend Street to Hesperian Street. READING WAIVED On motion of Councilman Herrin, seconded by Councilman Yamarnoto, and unanimously carried, the full reading of ordinances and resolutions, the titles of which appeared on the public Agenda, was waivedo CITy COUNCIL MINUTES -384- OCTOBER 2, 1972 ORD. NS-1137 ORDINANCE NS-1137 AMENDING CIVIL SERVICE REGULATIONS SECTIONS 9-135, 9-136, 9-163 AND 9~169 OF THE SANTAANA MUNIC~l~AL CODE PERTAINING TO CIVIL SERVICE REGULATIONS, was adopted on motion of Councilman Herrin, seconded by Councilman Evans, and carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Griset, Yamamoto, Patterson, Markel None Villa ORD. NS-1145 AN ORDINANCE OF THE CITY A.A. 713 COUNCIL OF THE CITY OF SANTA DANIEL W. HEAD ANA APPROVING AMENDMENT APPLICATION #713 FILED BY DANIEL W. HEAD TO REZONE PROPERTY IN THE AREA GENERALLY DESCRIBED AS THAT AREA ON THE SOUTH SIDE OF FIRST BETWEEN EUCLID AND COOPER STREETS FROM THE R 1 AND C 1 DISTRICTS TO THE C 5 DISTRICT, AND AIv~ENDING SECTIONAL DISTRICT MAP 17-5-10 (EXHIBIT A.A. 713-B) was passed to second reading on motion of Councilman Herrin, seconded by Councilman Evans, and unanimously carried. RES. 72-103 RESOLUTION OF THE CITY COUNCIL NATIONAL OIC DAY OF THE CITY OF SANTA ANA PROCLALMING NATIONAL OPPORTUNI- TIES INDUSTRIALIZATION CENTER DAY IN SANTA ANA was adopted on motion of Councilman Herrin, seconded by Councilman Yamarnoto~ and unanimously carried. TRAFFIC CONTROL The Staff report dated September 27, STANFORD STREET 1972, regarding a petition by residents requesting the installation of traffic control devices on Stanford Street between Greenville and King Streets and at the intersections, was considered by Council. The report stated that after a thorough investigation of all requests contained in the petition~ including a speed survey on Stanford Street, the Director of Public Works recommended the following action: (1) That the request to install 25 mph speed limit signs on Stanford Street between Greenville and King Streets be denied; (2) That the request to install a stop sign be approved for westbound traffic on Stanford at King Street; and (3) That the request to paint a red curb at the intersection of Greenville and Stanford Streets be denied. On motion of Councilman Herrin, seconded by Councilman Patterson, with Council- men Evans and Yamamoto voting NO, Council denied the request to install 25 mph speed limit signs on Stanford Street between Greenville and King Streets. On motion of Councilman Herrin, seconded by Councilman Patterson, and unanimously carried, Council approved the request to install a stop sign for west- bound traffic on Sta~ford Street at King Street° On motion of Councilman Herrin, seconded by Councilman Patterson, with Council- man Evans voting NO, Council denied the request to paint red curb at the inter- section of Greenville and Stanford Streets. CITY COUNCIL MINUTES -385- OCTOBER 2, 1972 TRAFFIC CONTROL STANFORD STREET - (Continued) Mr. Paul Robles, 2518 West Stanford Street, who initiated the petition, spoke in favor of all of the requests. Mro Seth Narrelson, 2509 West Stanford Street, spoke in favor of Police selective enforcement of traffic regulations on Stanford between Greenville and King. FLOOD PROTECTION FOR LOWER On the unanimously carried motion SANTA ANA RIVER VALLEY of Councilman Yamamoto, seconded by Councilman Patterson, Council endorsed the Resolution from the Orange County Sanitation Districts to the Board of Supervisors requesting improvement of portions of the Santa Aha River to mitigate the potential inundation of the Districts' Treatment Plants Nos° 1 and 2, TREES AT CORNER OF The Petition received September 25, WILSHIRE AND GARNSEY 197Z, signed by twelve citizens residing on Garnsey Street requesting that the large trees on each corner of the intersection of Wilshire and Garnsey be removed, was referred to staff on the unanimously carried motion of Councilman Evans, seconded by Councilman I-Ierrin. RULES AND REGULATIONS On the unanimously carried motion FOR TENNIS COURTS of Councilman Patterson, seconded by Councilman Evans, Council approved the recornl~endation contained in the letter dated September 26, 1972, from the Board of Recreation and Parks relating to the Rules and Regulations for City/School Joint Use of Tennis Courts, and authorized posting in Spanish and English at all City Tennis Courts. BOWERS MEMORIAL The request from Larry L. Bruns, MUSEUM FOUNDATION Acting Museum Director, in his report dated September 27, 1972, for approval of a wine-tasting event at Bowers Museum on October 23, 1972, from 6:00 to 8:00 P.M., was granted on the motion of Councilman Patterson, seconded by Councilman Yamamoto, with Councilman Herrin voting NOo ORAL COMMUNICATIONS Councilman Markel announced that RABBITS ON BROADWAY he had had a telephone call from an unknown party informing him that there were an excessive number of rabbits at 1324 So Broadway; that he had reported the situation to Mr. Newcomb, who had in turn referred the matter to the Planning Department and that Mr° Smith had made an investigation. Fie stated that Mr. Smith had reported to him that there is no violation of the ordinance; however, the area where the rabbits were kept was deplorable. He further stated that he believed the ordinance which permits 25 rabbits or any other rodents should be reviewed. CITY COUNCIL MINUTES -386 - OCTOBER 2, 1972 ORAL COMMUNICATIONS RABBITS ON BROADWAY - (Continued) The City Attorney asked if Council would like a report on the matter and read portions of Municipal Code Section 5.6, and pointed out that he would be glad to review the matter and give a recommendation, however, that he felt that any attempt to change the present ordinance would be fraught with problems in that there are so many differences of opinion among residents with respect to the raising of anirnalso Councilman Markel then requested that the Department of Public Works make a thorough investigation of the residence located at 1324 S. Broadway, and Mr. Wolford stated that this would be done. ORAL COMMUNICATIONS Councilman Herrin referred to the REVENUE SHARING big "windfall" that had come to the City from the Federal Government, and commented, on his feelings relative to revenue sharing. He stated that it had come as a big surprise to him to hear Representative Hanna point out that revenue sharing does have strings attached, and that very possibly Washington might decide to change its mind even before it happens. He further stated that it seemed to him that the Federal Government was always deliberately trying to disregard States' rights and home rulei that revenue sharing was a concept of a socialist economy which has no basis related to reality; that the majority of the people do not know the difference between private funds and public funds; that every time the government opens up a new office, it is sucking the blood of the economy out of the entire system; that even though services are being provided to people, the economy suffers; and that freedom is the most important ingredient. He moved that Council review revenue sharing because government cannot give us money that it does not have. There was no second to this motion, and Mayor Griset stated that integrity would demand that he vote against such a motion. RECESS At ~:10 P. M., the Council 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 given by Chaplain Herman J. Baerg, of the Orange County Medical Center. APPOINTMENT TO On motion of Councilman Herrin, PERSONNEL BOARD seconded by Councilman Evans and unanimously carried, LaVerne Laskey was appointed to the Personnel Board to fill the unexpired term of Harold Gosse. After being sworn in by the Clerk, Council extended a warm welcome to Mrs. Laskey and her husband, Philo CITY COUNCIL MINUTES -387- OCTOBER 2, 1972 SPECIAL ORDER OF THE DAY Chairman of the Planning Commission. The Mayor presented a City Emblem Plaque to Lavelle Sanders in recogni- tion of his service as a member and AMENDMENT APPLICATION #706 The Mayor opened the public hearing PLANNING COMMISSION on Amendment Application #706 filed by the Planning Commission, to rezone property generally described as that area bounded on the north by Adams Street; on the east by the Orange County Flood Control District Channel; on the south by Segerstrom Avenue; and on the west by Raitt Street, from the A1 District to the O District (Public Owned Land). The zone change had been approved by Planning Commission Resolution 6013. The Clerk reported no written communications had been received. The Mayor called for testimony from the audience, and hearing none, closed the public hearing. On motion of Councilman Herrin, seconded by Councilman Yamamoto, Council approved Amendment Application #706 and instructed the City Attorney to prepare an ordinance rezoning the property from the A 1 District to the O District (Public Owned Land), on the following roll call vote: AYES: NOES: ABSENT: Herrin, Yamamoto, Villa, Evans, Griset, Patterson, Markel None None APPLICATION TO OPERATE The Mayor opened the public hearing A TAXICAB - LENNOX BIRCKHEAD on the appeal filed by Lennox Bfrckhead from the Police Chief's revocation of his permit to operate a taxicab in the City. The Clerk reported no written communications had been received. The Mayor called for testimony from the audience, and hearing none, closed the public hearing. Councilman Herrin's motion to overrule the action of the Police Chief and instruct him to re-issue to Lennox Birckhead his permit to operate a taxicab, was seconded by Councilman Villa, and carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Villa, Evans, Griset, Yamamoto, Patterson, Markel None None Prior to voting, Mayor Griset pointed out that the Police Department was require d to revoke his permit if the driver had five or more moving violations within a two- year period; however, he believed that the violations listed in the Police report were not of the kind to make it advisable for Council to deny Mr. Birckhead's permit to operate a taxicab. CITY COUNCIL MINUTES -388- OCTOBER 2, 1972 APPLICATION TO OPERATE A TAXICAB - LENNOX BIRCKHEAD - (Continued) Councilman Yamamoto recommended that Council amend the motion to add a condition that Mr. Birckhead's permit would he revoked if he were guilty of two additional moving violations. The City Attorney stated that the Police Chief had continuing jurisdiction to suspend a permit to drive a taxicab. Councilman Evans expressed his concern that Mr. Birckhead had not listed ail of his moving violations on his application° Councilman Patterson stated that he also felt Mr. Birckhead should have listed all of his moving violations on his application and wanted to know the reason why he had not before he voted on the matter. Mr. Lennox Birckhead, 1475Z Ridgboro, stated, in response, that he had forgotten how many moving violations he had received, knowing only that he had received at least three. RES. 72-104 RESOLUTION A!ViENDING SECTIONS POLICE DEPARTMENT CAREER 3~ 2 THROUGH 3.10 TO RESOLUTION DEVELOPMENT PROGRAM NO. 58-281, implementing the Police Department Career Development Program, was adopted on motion of Councilmafi Herrin, seconded by Councilman Evans, and unanimously carried. ORAL COMMUNICATIONS Mr. Jim McMahan, announced that LIONS CLUB PICNIC the Santa Ana Hosts Lions Club was sponsoring a community picnic for the benefit of charities and organizations within Santa Ana, to be held at Prentice Park on Sunday, October 8, 1972, from 1:00 P.M. to 6:00 P.M. ORAL COMMUNICATIONS Mayor Griset announced that on Monday, LEAGUE OF CITIES CONVENTION October 16, 1972, the Orange County League of Cities would be hosting the California Convention of the League of Cities at the Anaheim Convention Center, and suggested that Council convene at 4:00 P.M. on that day instead of 2:00 P.M. Councilman Herrin made a motion to that effect, which was seconded by Council- man Evans, and unanimously carried. ORAL COMMUNICATIONS The City Attorney requested and CITY ATTORNEY received permission to absent himself from the Council meeting on October 16, 197Z, to enable him to attend the National Institute of Municipal Law Officers- Convention in Hawaii. CITY COUNCIL MINUTES -389- OCTOBER 2, 1972 ADJOURNMENT man Evans° The meeting was adjourned at 7:50 P.Mo on the unanimously carried motion of Councilman Villa, seconded by Council- Florence L Malone Clerk of the Council CITY COUNCIL MINUTES -390- OCTOBER 2, 197Z