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HomeMy WebLinkAbout12-15-1969MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA December 15, 1969 The meeting was called to order at 2:00 .P.M. in the Council Chamber of the City Hall Annex, 500 West Sixth Street, with the following Councilmen present: Wade Herrin, Walter Brooks, Vernon S. Evans, J. Ogden Markel~ Jerry M. Patterson, Ray Villa and Mayor Lorin Griset. 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 Florence I. Malone. MINUTES Janice Boer, 912 N. Lowell, objected to the manner in which a portion of the December 1 Minutes had been written on page 396, under the heading, "Minutes", regarding the remarks of Councilman Villa concerning a point of order raised at the Countil meeting of November 17. After discussion by Council, on motion of Councilman Patterson, seconded by Councilman Villa and unanimously carried, the Minutes of the Regular Meeting of December 1, 1969 were approved as submitted. After further discussion, it was moved by Councilman Villa, seconded by Councilman Patterson, to go on with the Agenda, which motion was adopted on the following roll call vote: AYES: Herrin, Brooks, Patterson, Villa NOES: Evans, Markel, Griset ABSENT: None PROJECT 3013 On motion of Councilman Brooks, SANITARY SEWER seconded by Councilman Herrin and unanimously carried, Council ordered filed report of bids received for Project 3013, Construction of Sanitary Sewer in Main Street, Edinger Avenue to McFadden Avenue; McFadden Avenue, Main Street to Maple Street, and Grand Avenue, 680 ft. south of McFadden Avenue to McFadden Avenue; awarded contract to the low bidder, Scott Brothers Construction Company at unit prices; and rejected all other bids. PROJECT 7008 On motion of Councilman Herrin, BRANCH LIBRARY seconded by Councilman Patterson and unanimously carried, Council ordered filed report of bids received for Project 7008, Construct a Branch Library on McFadden Avenue between Fairview Street and Sullivan Street; awarded contract to the low bidder, B. H. Miller Construction Co.; and rejected all other bids. CITY COUNCIL -411- December 15, 1969 PROJECT 6013 REST ROOM received for Project 6013, Construct authorized readvertising for bids. On motion of Councilman Herrin, seconded by Councilman Brooks and unanimously carried, Council rejected the one bid Rest Room Building in Santiago Park, and SPEC. 641-181a On motion of Councilman Herrin, seconded MOBILE RADIOS by Councilman Patterson and unanimously carried, Council ordered filed report of bids received for Spec. 641-181a, Six Low Band Mobile Radios; awarded contract to the low bidder, RCA, for Alternate Bid #1; and rejected all other bids. (On December 1, Council authorized Staff to purchase on open market. ) BID CALLS On motion of Councilman Patterson, seconded by Councilman Herrin and unanimously carried, Council approved plans and specifications and authorized advertising for bids, opening January 12, 1970, for the following: Project 6015, Construction of Ball Field Lighting at Santiago Park and Tennis Court Lighting at Portola Park. Project 6016, Construct Sprinkler System in Jerome Park. Project 6017, Construct Concrete Sidewalk and Planters at Jerome Park. 'READING WAIVED was waived, on motion of Councilman Patterson and unanimously carried. The full reading of ordinances and resolutions, the titles of which appeared on the public Agenda, Herrin, seconded by Councilman ORD. NS-995 ORDINANCE NS-995 AMENDING THE LP DISTRICT - USES SANTA ANA MUNICIPAL CODE BY AMENDING SECTION 9230. 151 OF PART 3, CHAPTER 2, ARTICLE IX THEREOF PERTAINING TO USES PERMITTED IN THE LP (LIMITED PROFESSIONAL) DISTRICT was adopted, on motion of Councilman Herrin, seconded by Councilman Brooks, on the following roll call vote: AYES: Herrin, NOES: Evans ABSENT: None Brooks, Markel, Patterson, Villa, Griset ORD. NS-996 ORDINANCE NS-996 AMENDING THE M 1 DISTRICT - USES SANTA ANA MUNICIPAL CODE BY AMENDING SECTION 9230. 281 OF PART 3, CHAPTER 2, ARTICLE IX THEREOF PERTAINING TO USES PERMITTED IN THE M 1 (LIGHT INDUSTRIAL) DISTRICT was adopted, on motion of Councilman Herrin, seconded by Councilman Patterson, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Brooks, Evans, Markel, Patterson, Villa, Griset None None CITY COUNCIL -412 - December 15, 1969 ORD. NS-997 -A.A.651 ORDINANCE NS-997 CHANGING PLANNING COMMISSION DISTRICT CLASSIFICATION ON AMENDMENT APPLICATION 651 INITIATED BY THE PLANNING COMMISSION AND AMENDING SECTIONAL DISTRICT MAPS 6-5-9 AND 7-5-9 (EXHIBIT AA 651 A) (Reclassifying from the R 3 to the R 3FI all residentially-zoned property north of Fifth, east of Bush, south of Santa Ana Freeway, and west of the Southern Pacific right of way) was passed to second reading, on motion of Councilman Brooks, sec- onded by Councilman Evans and unanimously carried. RES. 69-181 - VA 69-73 RESOLUTION 69-181 ADDINGA SHERMAN, INGRAHAM CONDITION TO THOSE IMPOSED BY THE PLANNING COMMISSION IN GRANTING A VARIANCE ON VARIANCE APPLICATION 69-73 FILED BY JOSEPH SHERMAN AND PETER INGRAHAM was adopted, on motion of Councilman Patterson, seconded by Councilman Villa and unanimously carried. RECESS members present. At 2:25 P.M., a five minute recess was declared. The Council recon- vened at 2:30 P. M., with all Council AGENDA ORDER It was moved by Councilman Herrin, seconded by Councilman Villa and unanimously carried, to take Agenda Item 53 (Stop Sign Request) out of order and consider at this time. STOP SIGN REQUEST Council considered the Staff report on the request of the area residents for a four-way stop at the intersection of North Flower Street and Santa Clara Avenue, recommending (1) that the request for a four-way stop control be approved; and (2) that the Department of Public Works keep this intersection under surveillance after the four-way stop is installed and take the necessary steps to increase the intersection capacity if any serious congestion occurs (which would be to prohibit curb- side parking for about 100 feet on both sides of Flower Street, north and south of Santa Clara Avenue). Daniel Gallivan, 2215 North Flower Street, who had presented the petition from the residents, stated that they were very pleased with the recommend- ation for the four-way stop sign, but that the residents of North Flower Street were opposed to any further restrictions regarding curbside parking in the future. On motion of Councilman Patterson, seconded by Councilman Herrin and unanimously carried, Council approved the recommendations of the Public Works Director in his report dated December 10, 1969, for installation of the four-way stop control and that the intersection be kept under surveillance after installation of the four-way stop pursuant to the report. CITY COUNCIL -413- December 15, 1969 STOP SIGN REQUEST (continued) The Public Works Director explained that present traffic was 80 percent of the warrant necessary for a signal at this intersection and that it probably would be recommended within two years. He explained that the letter accompanying the petition had specifically stated that a signal was not desired and that this might become a point of future controversy; also the parking restrictions which may have to be recommended in the future. RES. 69-182 - VA 69-72 RESOLUTION 69-182 AFFIRMING THE JACHMA PROPERTIES DECISION OF THE PLANNING COM- MISSION AND DENYING VARIANCE ON APPLICATION NO. 69-72, FILED BY JACHMA PROPERTIES was adopted, on motion of Councilman Brooks, seconded by Councilman Herrin and un- animously carried. HARBOR DISTRICT On motion of Councilman Villa, seconded by Councilman Herrin and unanimously carried, action on the communication from the Orange County League of Cities, in regard to reassessing and updating the League position regarding the Orange County Harbor District, was tabled to the January 5 Council meeting for additional info rmation. REGIONAL PLANNING On motion of Councilman Brooks, DISTRICTS seconded by Councilman Villa and unanimously carried, the Staff was directed to reply to the communication from California Council on Inter- governmental Relations regarding Regional Planning Districts, explaining that Santa Ana is a member of the Southern California Association of Governments and that the association has been designated as our represent- ative in all regional matters. 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: DizzylandTavern, 718E. 4th, On Sale Beer, Person Transfer; Drug Circus, 301 W. 4th, New Off Sale Beer & Wine; The Digger, 2132 S. Main, On Sale Beer, Person Transfer; Stroud, 601 S. Van Ness, Off Sale Beer & Wine, Person Transfer. TRAFFIC Report of control devices removed or installed November 25, 1969 through December 9, 1969 was ordered filed, on motion of Councilman I-Ierrin, seconded by Councilman Patterson and unanimously carried. CITY COUNCIL -414- December 15, 1969 VARIANCE AND CONDITIONAL It was moved by Councilman Patterson, USE PERMIT seconded by Councilman Villa and unanimously carried, to adopt the findings of fac~ conclusions and decisions of the Planning Commission or Zoning Admini- strator as action of the City Council on the following: VA 69-85, GREENWOOD - construct two story garden apartment complex in the R '4 District within 150' of R 1 zoned property at 1950-2010 E. Santa Clara - APPROVED; VA 69-87, LEVITT & SONS OF CALIFORNIA, INC. - construct two story garden apartment within 150' of the R i District and to establish a day care center in the R 4 District at 1101 W. MacArthur Blvd. - APPROVED. It was moved by Councilman Brooks, seconded by Councilman Villa, to adopt the finding of fact, conclusions and decision of the Planning Commission or Zoning Administrator as action of the City Council on VA 69-79, CORNEJO - construct cafe on property in the CD District at 614 West 4th Street - APPROVED. The motion was adopted on the following roll call vote: AYES: NOES: ABSENT: Herrin, Brooks, Evans, Patterson, Villa, Griset Markel None PARCEL MAP 629 Parcel Map 629, filed by Curci-Turner Co., creating three C 4 parcels on the northwest corner of Bristol and Central, was approved subject to conditions in Planning Director's report dated Decem- ber 3, 1969, and alley requirement was waived, on motion of Councilman Herrin, seconded by Councilman Brooks and unanimously carried. PARCEL MAP 635 Parcel Map 635, filed by Rodeffer Investments, creating four L M parcels on the north corner of Alton Avenue and Daimler Street, was approved subject to conditions in Planning Director's report dated December 3, 1969, and alley requirement was waived, on motion of Councilman Herrin, seconded by Councilman Brooks and unanimously carried. RES. 69-183 RESOLUTION 69-183 REQUESTING SELECT STREET THE COUNTY OF ORANGE TO INCLUDE CONSTRUCTION WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOP- MENT OF CERTAIN STREETS WITHIN THE CITY OF SANTA ANA was adopted, on motion of Councilman Villa, seconded by Councilman Herrin, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Brooks, Evans, Patterson, Villa, Griset Markel None CITY COUNCIL -415- December 15, 1969 PARK PROGRAM The City Council discussed the report from the City Manager regarding park site acquisition and development funding program. The City Manager explained some of the specific projects and said the Staff would be glad to arrange a bus tour of the sites for the Council. FIRE RATING The City Manager gave an oral report relative to the City's new Fire Rating of Class III and requested the Council to support a program to achieve a Class II Rating within the next three months. It was moved by Councilman Brooks, seconded by Councilman Herrin and unanimously carried, to endorse the City Manager's recommendations and authorize him to go ahead as efficiently and economically as possible to bring this City into a Class II position. RECESS present. At 3:55 P. M., a five minute recess was declared. The Council reconvened at 4:00 P, M., with all Council members FIREMEN'S WORK WEEK After considering the report from the City Manager regarding reduction in hours of the firemen's work week, it was moved by Councilman Brooks, seconded by Councilman Patterson and unanimously carried, to adopt the recommendations listed in the City Mana- ger's report dated December 12, 1969, as follows: 1. Move to 3-platoon system as of January 1, 1970. 2. Annual shift "paybacks" shall be 8 per employee (an average on-duty work week of approximately 59.69 hours). 3. Vacation allowance shall be considered as consecutive calendar day period which will include 6 shifts. Holiday allowance shall be considered as 5 shifts certain per year, be taken in accordance with departmental regulations. Present "payback" system shall be considered as first step in City's intent to institute a 3-platoon, 56-hour week, this goal to be achieved within a three to five year period. 6. Eliminate present method of "move-up" pay for temporary substitution in a higher position. FINAL MAP, TRACT 7000 Final Tract Map 7000, filed by Levitt & Sons of California, Inc., creating 125 lots east of Bristol Street and north of MacArthur Boulevard, was approved, dedications thereon accepted, and execution of subdivision agreement authorized, on motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried. CITY COUNCIL -416- December 15, 1969 DEEDS following action on Deeds: On motion of Councilman Brooks, seconded by Councilman Patterson and unanimously carried, Council took the Authorized execution of escrow by the Mayor for Deed with Cash - Grantee, City for Bailey, north side of 17th, west of Main, street purposes; and ordered filed Report of No Cash Deeds accepted by the City Manager pursuant to Resolution No. 69-156, from November 26, 1969 through December 10, 1969 (Grantee, City). HANDBILLS Council discussed some complaints that had been received against dis- tribution of handbills and newspapers attached to doorknobs. On motion of Councilman Herrin, seconded by Councilman Markel and unanimously carried, the complaints were ordered filed. CITY HALL On motion of Councilman Brooks, seconded by Councilman Patterson, Council accepted the Design Develop- ment documents for the new City Hall and authorized preparation of working drawings and bid specifications, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Brooks, Evans, Patterson, Villa, Markel None Griset STATE BUILDING In response to a query by Council- man Markel, Mayor Griset stated that he had appointed Tom McMichael as a liaison agent to carry on negotiations with the State, Civic Center Com- mission and the City in regard to the State Building in the Civic Center, since Mr. McMichael had initiated the negotiations while he was Mayor and had expressed his willingness to act in this capacity. Councilman Markel expressed the opinion that since the Council had appointed three men to represent the City on the Civic Center Commission, the responsibility to carry this out should be theirs. On motion of Councilman Herrin, seconded by Councilman Brooks, the Mayor's appointment of Tom McMichael to act as the liaison agent between the Civic Center Commission, the State and the City was approved, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Brooks, Evans Patterson, Villa, Griset Markel None RECESS At 4:30 P. M., the meeting was recessed to 7:30 P.M., at which time it was reconvened with all Council l~nembers present. Following the Pledge of Allegiance to the Flag, the Invocation was delivered by Leslie F. Zimmerman of Good- will Industries. CITY COUNCIL -417- December 15, 1969 AGENDA ORDER It was moved by Councilman Herrin, seconded by Councilman Evans and unanimously carried to take Agenda Item 7l{ (Solicitation Application) out of order and consider at this time. SOLICITATION APPLICATION On motion of Councilman Brooks, seconded by Councilman Herrin and unanimously carried, the Solicitation Application of Breath of Life, Hyperbaric Chamber Fund, house to house soliciting, December 22 and 23, 1969, was approved subject to the following conditions: (1) That the Clerk of the Council be furnished a list of solicitors' names prior to issuance of the permit; (2) That the Clerk of the Council be furnished a copy of certificate stating the organization is non-profit and charitable; (3) That the Clerk of the Council be furnished a statement that any remuneration to persons involved will not exceed a total of 10 percent of the amount collected. Roger Partello, representing the organization, was present and stated that the conditions were satisfactory with them. HUMAN RELATIONS Councilman Patterson presented the COMMISSION report and recommendation of the Human Relations Formation Com- mittee to create a Human Relations Commission in the City of Santa Ana. J. J. King, Lorenzo Rios and Mrs. James Lukens spoke for the Commit- tee in recommending the creation of a Human Relations Commission. Committee member Mrs. LeRay Quick spoke as a minority of one against the recommendation to create a Commission. Before opening the public hearing, Mayor Griset expressed appreciation on behalf of the City Council for the long hours spent and the excellent work that had been accomplished by the members of the Human Relations Formation Committee. Hearing was opened on the consideration of the recommendation and report of the Santa Ana Human Relations Formation Committee for the creation of a Human Relations Commission in the City of Santa Ana. The following persons were recognized by the Mayor and spoke in favor of creating a Human Relations Commission: Mrs. John Bellows, 1001 River Lane, Chairman of the Santa Ana Citizens Committee in Favor of Establishing a Human Relations Commission; Clarence Jackson, 1501 W. Raymar Street; Carlos Ramos, 3409 S. Olive, Director of the Community Action Council of Orange County; Dick Avis, resident of Huntington Beach and member of the -~h~A~C~_.ef Orange County; Boyzy'Lon,~, Chairman, Orange County Fair Housing Council, 1405 West Santa Ana Boulevard; Stan Kingsburg, 2129 Spinnaker; Mrs. Robert James, 2182 S. Broadway, President of Santa Ana Council of Parent TeachSrs Association; Shirley Cohn, Executive Secretary of Veterans Charity Foundation; Manuel Mendez, 2556 W. Rowland, Anaheim, President of the Human Relations Council of Orange County; Gerald Grimm, Westminster. CITY COUNCIL -418- December 15, 1969 A communication presented by Mrs. John Bellows was ordered filed, on motion of Councilman Herrin, seconded by Councilman Brooks and un- animously carried. RECESS present. At 8:45 P. M., a five minute recess was declared. The Council reconvened at $:55 P. M., with all Council members HUMAN RELATIONS COMMISSION (continued) The following persons were recognized by the Mayor and spoke in opposition to the creation of a Human Relations Commission: Cliff Frazier, 2049 S. Halladay Street; Janice Boer, 912 North Lowell; James Carlson, 1000 W. La Vets, Orange; James West, 1431 W. 4th Street, who was neither for or against the Commission, but thought something was needed; Reginald Jones, 1130 W. Brooks Street, who also expressed a- neutral position; Roy Huckaby, 2422 Ponderosa; Mr. Gonzalez, 624 S. Sullivan; David L. Brandt, 2422 S. Rita Way; Dennis Orr, 1411 N. Freeman. RECESS present. At 10:00 P.M., a five minute recess was declared. The Council reconvened at 10:10 P. M., with all Council members HUMAN RELATIONS COMMISSION (continued) The Mayor recognized the following persons who spoke in rebuttal to the opposition: Sadie Reid, 1401 W. Richland; Jesse Berry, 622 S. Townsend, Membership Chairman of NAACP; Ricardo Mireles, 9791 Orange Avenue, Anaheim; Judith Slattery, 1151 River Lane; Everett Winters, 1632 Camile Place; Elsa Rios, 2411 S. Halladay; McFadden Jr. High School student; J~sh White, 1415 East 17th Street; Galal Gough, member of the Formation Committee, 2112 N. Baker Street. The Mayor recognized the following persons who spoke in rebuttal to those %~ho favored the Commission: Ruth Lykke, 1328 Martha Lane; Gene Bolton, 2221 N. Pacific Cliff Frazier; Janice Boer; David L. Brandt. The hearing was closed. CITY COUNCIL -419- December 15, 1969 HUMAN RELATIONS COMMISSION (continued) Councilman Brooks explained that he was basically in favor of the formation of the Commission and thought Council should accept the recomn~endation in the report; that a Commission could not solve such problems as public transporta- tion, but could direct people to the right agencies to solve problems; and[ that he thought this would open the lines of communication. Councilman Herrin stated his opinion that responsible citizenship is something which no committee or commission has anything to do with and he felt that human relations had to be an individual relationship; that in conjunction with the Community Relations Program adopted by the Council in 1968 a Community Relations Coordinator ~iad been hired by the management to serve in exactly the same capacity as this proposed Commission and that the doors of his office are open at all times to receive any grievance or problem within the framework of the City government; that no responsible person is going to do anything to create or influence violence; and that it was his opinion that the bad results which would occur as a result of the creation of a Commission would far over- shadow the good ones. Councilman Villa stated that he would remind the Council that it had made a commitment when the Community Relations Program was adopted and that the principles were set out in the Program under which the City Council committed itself, and he felt that the time was now to create the Human Relations Commission; and he emphasized that the commitment had been made. Councilman Patterson spoke to three points of concern by persons speaking at this hearing -- (1) the fear of subpoena powers - he explained that the Commission would be advisory to the City Council, it could be extinguished by the City Council, and the City Council cannot create anything that has more powers than itself; (2) that it had been pointed out that a person to person relationship would be the best basis and while he agreed with that, he didn't feel one person could reach very many people; and (3) that it would be creating something in between the Council and the people - he explained that the Council has to rely on its commissions and he thought we needed a commission in the area of human relations. Councilman Patterson stated that he thought a Commission would be a two-way communication system, that everyone here was concerned about Santa Aha and that the best way to meet the problems was to create a Human Relations Commission. Councilman Markel stated that what was needed was good public relations with participation by the City Hall, the Council and the people and that he was against the formation of the Commission. Councilman Evans remarked that he was not committed to anything the Council did before he became a member. He stated he thought something was needed, but he was not satisfied with the proposed ordinance as pre- sented with the report; that he disagreed with several parts of it; that he thought it was fair, but that it was lacking in many things; that he could not support a motion at this time favoring the Commission with the power of subpoena; that except for that, he would concur with most of Councilman Patterson' s remarks. CITY COUNCIL -420 - December 15, 1969 HUMAN RELATIONS COMMISSION (continued) Mayor Griset stated that he regarded human relations problems as the Number One problem in Santa Aha; that he felt it was most important to have adequate understanding among the citizenry; that the 20 percent of the population of Santa Ana which is Mexican-American and Negro has entirely different prob- lems; that the majority of the minority population had nothing but desire for good will; that one sector has fears that need to be alleviated; that he felt a Human Relations Commission was a vital necessity; and that the success of such a Commission would be determined by the people who composed it. He further stated that he did not favor a Human Relations Commission having police review powers, power of subpoena, being a separate administrative body, and that he would simply regard it as a commission to concentrate on human relations problems, addressing itself to the disadvantaged, the under- privileged of our community, and advising the Council on the problems. It was moved by Councilman Brooks, seconded by Councilman Patterson, to adopt in principle the recommendation of the Human Relations Formation Committee and instruct the City Attorney to prepare an ordinance imple- menting this program. The motion was adopted on the following roll call vote: AYES: NOES: ABSENT: Brooks, Patterson, Villa, Griset Herrin, Evans, Markel None It was moved by Councilman Herrin, seconded by Councilman Brooks and unanimously carried, to take up the matter of membership of the Human Relations Commission at the January 5 Council meeting. RECESS present. At 11:55 P.M., atenminute recess was declared. The Council reconvened at 12:05 A, M., with all Council members PUBLIC HEARING AMENDMENT APPLICATION 644 PLANNING COMMISSION Hearing was opened on Amendment Application No. 644, initiated by the Planning Commission, proposing amendment of Sectional District Map 1-5-10 by reclassifying from the R 1, R 2 and P Districts to the R lB, R 2B and PB Districts that area immediately north of those lots fronting on the north side of Seventeenth Street between Flower Street and Broadway. J. P. Murphy, ~551 Mesa Grove Avenue, Whittier, on behalf of his wife and father-in-law, both of whom own property in the area, spoke in favor of the Amendment Application. No one spoke in opposition. The hearing was closed. On motion of Councilman Herrin, seconded by Councilman Markel, Amend- ment Application No. 644 was approved and the City Attorney was instructed to prepare an ordinance to reclassify the property according to Exhibit A, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Brooks, Evans, Markel, Patterson, Villa, Griset None None CITY COUNCIL -421- December 15, 1969 PUBLIC HEARING The Planning Director explained that the APPEAL NO. 228 - VA 69-86 subject appeal had been filed by the owners of Flomar's Kennels, which business is existing on the adjacent property to the south, and Municipal Code Section 4118 1 provides that a kennel cannot exist or continue to exist within increments of 300 feet or 500 feet of a residential use. I-Ie explained that the Planning Commis- sion took the position that its determination should be based on the desirability of the use proposed on the property in question and further took the position that it was unusual that an ordinance would prevent any residential use within 500 feet of a pre-existing use. The public hearing was opened on Appeal No. 228, filed by James F. and Mary C. Henry, appealing the Planning Commission's approval of Variance Applica- tion 69-86, granted to Marshall L. Morgan to construct a two story garden apartment complex in the A 1 District at 727 S. Lyon Street. The following persons spoke in favor of the appeal: C. Arthur Nisson, attorney representing Mr. and Mrs. Henry., the appellants, who requested that if the variance were granted for the apartment and no attempt was made to enforce the Code sections on kennel regulations, the plan be revised so that the patios on the south side of the project be eliminated on the second story and the requirement of a solid wall on the south side be extended to the roof line of the garages or carports so that the residents couldn't look over into the kennels; RobertK. Harr, 2370 N. Flower; Mrs. Ruth Lykke, 1328 Martha Lane; James Henry, 921 S. Lyon Street, owner and operator of Flomar's Kennels; Dolly Hutchins, kennel owner; Ronald Colvin, 2441 Zenith; Shirley Colvin, 2441 Zenith; Evelyn Casamabe, Cypress; Victor Wagner, 4109 W. 5th Street. Marshall Morgan, the applicant for the Variance Application, stated he would lke the Council to approve the recommendation of the Planning Commission and grant the variance. The hearing was closed. In response to a question by the Mayor, the City Attorney stated that if it were found thai the kennel had to be closed, the date of closing would be at the time of occupation of the building by people, but that the Code section could be revised by ordinance. The Planning Director stated that the re- quest for change of design of the building was not brought up at the Planning Commission hearing, that the concern was if the Code provision regarding kennels would be enforced. After discussion by Council, on motion of Councilman Herrin, seconded by Councilman Brooks, the City Attorney was directed to bring back a revision in our ordinance which would make it legal for Flomar's Kennels to remain in operation and to table the decision on the appeal until the January 5 Council meeting, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Brooks~ Evans, Markel, Patterson, Villa, Griset None None CITY COUNCIL -422- December 15, 1969