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HomeMy WebLinkAbout07-06-1970MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA July 6, 1970 The meeting was called to order at 2:00 P. Mo, in the Council Chambers of the City Hall Annex, 500 West Sixth Street, with the following Councilmen present Wade Herrin, Vernon S. Evans~ J, Ogden Markel~ Jerry Mo Patterson, Ray Villa, Harry K~ Yamamoto, and Mayor Lorin Griset. Also present were Assistant City Manager Bruce Spragg, Assistant City Attorney James Withers, Director of Public Works Ronald Wolford, Director of Planning Herbert Wieland, and Clerk of the Council Florence I. Malone. MINUTES On motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried, the Minutes of the Regular Meeting of June 15, 1970 and the Special Meeting of June 29~ 1970 were approved as submitted, and a correction to the Minutes of the Regular Meeting of June 1, 1970 on page 155, last paragraph, was authorized as follows: "FINAL MAP, TRACT 6855 Final Tract Map 6855, filed by Sty]eline Homes~ Inc~, creating 24 lots west of Flower Street and north of Sunflower Avenue, was approved, dedications thereon accepted and execution of subdivision agreement was authorized~ on motion of Councilman Herrin, seconded by Councilman Yamamoto and unanimously carried~" SPEC. 371-117 Council considered award of contract for PIPE & FITTINGS Spec, 371-117~ Asbestos Cement Pipe and Cast Iron Fittings for Asbestos Cement Pipes Ed Marcucci, of Johns-Manville Company, requested Council to continue the award of contract to the July 20 Council meeting, as their company wished to submit a report to Council on the test results and needed more time to get the information necessary for their report. On motion of Councilman PIerrin, seconde~l by Councilman Villa and unanimously carried, award of contract for Spec~ 371-117, Asbestos Cement Pipe and Cast Iron Fittings for Asbestos Cement Pipe, was continued to July 20, 1970. PROJECT 7014- MUSEUM On motion of Cotlncilman Herrin, seconded SECURITY SYSTEM - FIRE by Councilman Patterson and unanimously DETECTiON carried, Council ordered filed report of bic~- received for Project 7014, Furnish and Inst Intrusion Security System and Fire Detection System in Charles W. Bowers Memorial Museum; awarded contract for Item 1 (Intrusion Detection System) and Item 3 (Fire Protection System) to the low bidder, Wackenhut Protective Syst~as, Inc.; and rejected all other bids. CITY COUNCIL -170- July 6, 1970 PROJECT 6032 - RESURFACING On motion of Councilman Patterson, seconded by Councilman Villa and unanimously carried, Council ordered filed report of bids received for Project 6032, Resurface Walks in Adams Park and Resurface All-Purpose Court in Jerome Park; awarded contract to the low bidder, Sully-Miller Contracting Company; and rejected all other bids. PROJECT 6031 - CENTENNIAL PARK On motion of Councilman Evans, STORAGE BUILDING seconded by Councilman I-Ierrin and unanimously carried, Council ordered filed report of bids received for Project 6031, Centennial Park Storage Building; awarded contract to the low bidder, Paul Falzon; and rejected all other bids. PROJECT 4015 - STORM DRAIN On motion of Councilman Herrin, seconded GREENVILLE STREET by Councilman Yamamoto and unanimously carried, Council ordered filed report of bids received for Project 4015, K-3 Storm Drain in Greenville Street between Sunflower Avenue and MacArthur Boulevard; awarded contract to the low bidder, Bart Pipeline, Inc.; and rejected all other bids. BID CALLS advertising for bids for the following: It was moved by Councilman Patterson, seconded by Councilman Herrin, to approve the plans and specifications and authorize Spec. 371-118 - Asphaltic Concrete, opening July 17; Spec. 271-105 - Asphaltic Slurry Seal, opening July 17; Project 3009 - Construction of Sanitary Sewer in Valencia Street, Seventeenth Street to Virginia and in Virginia Ave. from Valencia to Santiago, opening July 28. The motion was passed on the following roll call vote: AYES: NOES: ABSENT: PIerrin, Evans, Markel, Patterson, Villa, Yarnamoto, Griset None None SURPLUS BUILDINGS - SPR 70-13 After considering Surplus Property Report 70-13 regarding two surplus buildings at 1104 Civic Center Drive West, Council declared the buildings surplus and authorized demolition, on motion of Councilman Patterson, seconded by Councilman Yamamoto, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Patterson, Villa, Yamamoto, Griset Evans, Markel None READING WAIVED On motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried, the full reading of ordinances and resolutions, the titles of which appeared on the public Agenda, was waived. CITY COUNCIL -171- July 6, 1970 ORD, NS-1020 The City Council considered adoption of ANIMAL CONTROL ORDINANCE NS-1020 AMENDING THE SANTA ANA MUNICIPAL CODE BY REPEALING AND RE-ENACTING CHAPTER 5 THEREOF RELATING TO ANIMAL CONTROL. The t'ollowing persons spoke in regard to the subject ordinance: Mrs. William Owen, 2016 W. 15th Street; Lindley J. Hansen, 937 S. Lyon Street; Mrs,. Mary Henry, 921 S. Lyon Street; M.E. Treadgold, 2070 S. Sycamore; Mrs. GarZa, 941 S. Lyon., Mrs. Henry presented some letters of commendation on her kennel, which were ordered filed, on motion of Councilman Herrin, seconded by Councilman Villa and unanimously carried, After discussion by Council regarding distance requirements of commercial kennels from residences, ORDINANCE NS-1020 AMENDING THE SANTA ANA MUNICIPAL CODE BY REPEALING AND RE-ENACTING CHAPTER 5 THEREOF RELATING TO ANIMAL CONTROL was adopted, on motion of Councilman Villa, seconded by Council- man Yamamoto, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset None None It was then moved by Councilman Patterson, seconded by Councilman Villa and unanimously carried, to amend Section 5-13 (c) of Ordinance NS-1020 to state that no commercial kennel of 20 dogs or more shall be established within 500 feet of any building used for human habitation and that no commercial kennel of less than 20 dogs shall be established within 300 feet of any building used for human habitation. ORD. NS-1022 - A.A. 658 ORDINANCE NS-1022 PREZONING AND ADAMS, GATES ESTABLISHING DISTRICT CLASSIFICATION._ ON AMENDMENT APPLICATION 658 FILED BY JOHN C. ADAMS AND S.N. GATES AND AMENDING SECTIONAL DISTRICT MAP 20-5-9 (EXHIBIT AA 658-A) was adopted, on motion of Councilman Evans, seconded by Councilman Yamamoto, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset None None RES. 70=47 RESOLUTION 70-47 DECLARING INTENTION RETIREMENT CONTRACT TO APPROVE AN AMENDMENT TO CONTRACT AMENDMENT BETWEEN THE BOARD OF ADMINISTtLATION OF THE PUBLIC EMPLOYEES~ RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SANTA ANA~was adopted, on motion of Councilman Yamamoto, seconded by Councilman Patterson, on the following roll call vote: AYES: NOE S: ABSENT: Patterson, Villa, Yamamoto, Griset Herrin, Evans, Markel None Councilman I.ierrin expressed his feeling thai the added cost of providing a cost of living increase for the retired employees should be generated by a fund somewhere outside of the public funds already established~ that it was not right to impose this cost on the taxpayer. CITer COUNCIL -172- July 6, 1970 RECESS pre sent. At 3:30 P.M., a five minute recess was declared. The Council reconvened at 3:40 P. M., with all Council members RES. 70-57 - VA 70-24 RESOLUTION 70-57 AFFIRMING THE ROCKWELL FARMS, INC. DECISION OF THE ZONING ADMINISTRATOR AND DENYING VARIANCE ON VARIANCE APPLICATION 70-24 FILED BY ROCKWELL FARMS, INC., was adopted, on motion of Councilman Patterson, seconded by Councilman Evans, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Villa, Griset Markel, Yamamoto None Councilman Markel expressed his opinion that this variance application should have been granted, that a variance had been granted previously for an auto repair shop at the subject location and had operated there for several years, that the building was suitable for this type of use, and that it would be difficult for the owner to lease for another type of use. RES. 70-58 - VACATION RESOLUTION 70-~ APPROVING MAP RES. OF INTENTION AND DECLARING INTENTION TO VACATE A PORTION OF PULLMAN STREET BETWEEI ALTON AND GARRY AVENUES AND GIVING NOTICE OF HEARING THEREON (setting August 3, 1970 as the hearing date) was adopted, on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried~ RES. 70-59 RESOLUTION 70-59 SUPPORTING THE GASOLINE TAX FUNDS PROVISION OF ARTICLE XXVI OF THE CALIFORNIA CONSTITUTION WHICH PROTECTS GASOLINE TAX FUNDS AGAINST DIVERSION TO OTHER THAN HIGHWAY PURPOSES was adopted, on motion of Councilman Herrin, seconded by Councilman Markel, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Villa, Yamamoto, Griset Patterson None MANPOWER GRANT On motion of Councilman Villa, seconded APPLICATION by Councilman Patterson, Council approved and authorized the application for a one-year Federal study grant for one manpower planning staff position, on the following roll call vote: AYES: NOES: ABSENT: Evans, Patterson, Villa, Yamamoto, Griset Herrin, Markel None FREEWAY MAINTENANCE Agreement with State Division of Highways AGREEMENT for maintenance of State Highway Route 22 (Garden Grove Freeway) within the limits of the City of Santa Ana was approved and execution authorized, on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried. CITY COUNCIL -173- July 6, 1970 TEENAGE JOBS A letter dated June 16, 1970 from Mrs. Henry Grogan, 407 N. Garnsey, regarding the matter of business licenses being required for many positions that teenagers could fill if they didn't have to pay the business license tax was ordered filed, on motion of Councilman Markel, seconded by Councilman Patterson and unanimously carried. MUSEUM BOARD Council considered the letter dated June 24, 1970 from the Bowers Museum Foundation Board recommending increasing the number of members on the Bowers Museum Board from five to seven. On motion of Councilman Herrin, seconded by Councilman Markel and unanimously carried, the City Attorney was instructed to prepare the necessary ordinance to amend the Municipal Code to increase the number of members on the Bowers Museum Board to seven. SEWER CONNECTION CHARGE Council considered letter dated June 17, INCREASE 1970 from County Sanitation District No. 7 enclosing copy of resolution adopted on June 10, 1970 declaring intention to increase sewer connection charges. On motion of Councilman Patterson, seconded by Councilman Markel and unanimously carried, Council directed that the District Board be urged to take no action on the matter until additional discussions are held with city staffs and with the using public, who will be paying the charges. PARK NAMES On motion of Councilman Herrin, seconded SANTA ANITA, SANDPOINTE by Councilman Patterson and unanimously · carried, Council approved the recommendation of the Board of Recreation and Parks to name the park known as La Bolsa, located on Figueroa south of First, Santa Anita Park and to name the park located at Birch and MacArthur, Sandpointe Park. PROPOSED STADIUM USE The request to lease the Municipal Stadium for use as a swap meet or flea market for one year was denied, on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried. PUBLIC PROPERTY USE The Application for Special License to Use Public Properly of Missionaries At Home, Inc., to hold open air religious meetings in City Parks, Saturdays, 6:00-7:00 P. M., was ordered filed, on motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried, since no Council action is required on this. PUBLIC PROPERTY USE AND The Application for Special License 'to Use SOLICITATION APPLICATION Public Property of Junior All American Football, Inc., to conduct a carnival at Jerome Park at the intersection of McFadden and Center Streets~ July 21 - July 26, was approved with location of carnival to be in Center Street between McFadden and CITY COUNCIL -174- July 6, 1970 PUBLIC PROPERTY USE AND SOLICATATION APPLICATION - (Continued) Monte Vista Avenues; and the Solicitation Application of Junior All American Football, Inc., for carnival, movie, candy sales, program sales, July 6- September 4, 1970 was approved, on motion of Councilman Villa, seconded by Councilman Evans and unanimously carried. RECESS present. At 4:55 P.M., a five minute recess was declared. The Council reconvened at 5:00 P.M., with all Council members STREET BANNER On motion of Councilman Patterson, PARADE APPLICATION seconded by Councilman Villa and unanimously carried, Council ratified the administrative approval of both the request by the South Main Improvement Association to erect a July 4th decoration across Main Street in the vicinity of 1438 South Main Street from June 30 to July 6, 1970 and the Parade Application by the same Association for parade, July 4, 1970, 8:30 a.m., to 10:30 a. m. , South Main Street from Hobart to Edinger. ALCOHOLIC BEVERAGE LICENSE On motion of Councilman Herrin, APPLICATIONS seconded by Councilman Patterson and unanimously carried, Council ordered filed the following Alcoholic Beverage License Applications: The Halladay Inn, 604 E. Dyer Rd., New On Sale Beer; Vivianos Villa, 3601 W. 1st, On Sale Beer & Wine, Expansion of Premises; Markell, 1901 W. 17th, On Sale Beer, Person Transfer; Nite Cap Liquors, 1501 N. Tustin, Off Sale General, Person Transfer; Royal Roman, 1502 E. 1st, On Sale General, Person Transfer; The Wild Hare, 501 S. Grand, New On Sale Beer & Wine; Herbert J. Delight, 1815 S. Main, On Sale Beer, Person Transfer. Mr. Ron Schwartz, 1602 N. Louise stated that he was disturbed over the number of "foul movie houses, dirty book stores, and bottomless and topless bars" in the City and requested that something be done to close them down. Mayor Griset explained that the Council shared his opinions, but these matters did not fall within the Council's jurisdiction inasmuch as the courts have declared them legal. TRAFFIC On motion of Councilman I-Ierrin, seconded by Councilman Markel and unanimously carried, Council ordered filed report of control devices removed or installed May 25, 1970 - June 26, 1970. CITY COUNCIL -175- July 6, 1970 VARIANCE AND CONDITIONAL On motion of Councilman Patterson, USE PERMIT seconded by Councilman Villa and unanimously carried, Council adopted the findings of fact, conclusions and decisions of the Planning Commission or Zoning Administrator as action of the City Council on the following: VA 70-26, DEVCOA INCORPORATED - to permit commercial development in the C R District with less than 3 acre parcels at 3031 S. Bristol - APPROVED; VA 70-27, LAVERNE COLLEGE - to permit a motorcycle repair garage in the C 1 District at 2107 S. Main - APPROVED; CUP 70-4, SPURGEON UNITED METHODIST CHURCH - permit a nursery school and playground on church property in the R 1 District at 1025 W. Memory Lane - APPROVED. SOLICITATION APPLICATIONS Solicitation Applications were approved: On motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried, the following Missions International, collecting discarded items and selling them, July 6-~eptember 5, 1970. ]Birdie D. Hunter for Salvation Deliverance Church, door to door, July 7-September 6, 1970. FINAL MAP, TRACT 7150 Final Tract Map 7150, filed by Levitt & Sons of .California, Inc., creating 56 lots east of Bristol and north of MacArthur, was approved, dedications lhereon accepted, and execution of subdivision agreement was authorized, on motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried. SCHOOL COOPERATION COMMITTEE Council considered the letter dated July 2, 1970 from the Planning Commission recommending that a committee be formed consisting of a member of the City Council, the Planning Commission, the School Board and members of the respective staffs of the school district and municipality for the purpose of coordinating the recreational programs, land uses and facilities coming under the jurisdiction of both the City and the School District. On motion of Councilman Patterson, seconded by Councilman Herrin and unanimously carried, it was directed that the recommendation of the Planning Commission be implemented. PARCEL MAP 662 Parcel Map 662, filed by Devcoa Inc., creating four (4) C R parcels located generally adjacent to the southeast corner of Bristol and Segerstrom, was approved subject to conditions in Planning Director's report dated June 19, 1970 and alley requirement was waived, on motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried. CITY COUNCIL -176- July 6, 1970 PARCEL MAP 665 Parcel Map 665, filed by Philip Buhrlage, creating three (3) M 1 parcels on the north side of Edinger 680 feet east of Grand Avenue, was approved subject to conditions in Planning Director's report dated July 1, 1970 and alley requirement was waived, on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried. PARCEL MAP 666 Parcel Map 666, filed by Mrs. Jacobin Vides et al, creating two (2) R I parcels on the east side of Euclid, 484 feet south of McFadden, was approved subject to conditions in Planning Director's report dated July 1, 1970 and alley requirement was waived, on motion of Councilman Herrin, seconded by Councilman Villa and unanimously carried. HIGH RISE APARTI~IENT COMPLEX It was moved by Councilman Villa, seconded by Councilman Patterson, to authorize the Mayor to prepare a letter for Mr. Woody Johnson, 1605 N. Spurgeon, representing the Riverside-San Bernardino Council of Churches, giving general assurance of need for and suitability of location of a senior-citizen, high-rise apartment complex proposed for property located on Bristol Street mci Civic Center Drive, in conjunction with a request to the Federal Housing Authority for a feasibility study. Mr. Ralph Allen, 2127 North Flower, and Reverend Gough, 2112 N. Baker Street, spoke in favor of the proposed project, its high-quality construction and the need for this type housing in the City. The motion carried on the following roll call vote: AYES: Evans, Markel, Patterson, NOES: HIerrin ABSENT: None Villa, Yamamoto, Griset STORM DRAIN PROGRAM The Manager's report on drainage in the area west of the Santa Ana River, requested by Mayor Griset on June 1, was coutfnued to the July 20 Council meeting, on motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried. ORANGE FREEWAY STUDIES On motion of Councilman Patterson, CONSULTANT seconded by Councilman Herrin and unanimously carried, the City Manager was authorized to notify the State Division of Highways that the City of Santa Ana is willing to accept and cooperate with any one of the five consulting firms suggested by the State Division of Highways for services to the City during the developmental stages of the determination of the route for the extension of the Orange Freeway. CIT~ COUNCIL -177- July 6, 1970 PRIVATE PIPELINE On motion of Councilman Patterson, SEGERSTROM & SONS seconded by Councilman Herrin and unanimously carried, the request of C.J. Segerstrom and Sons to place a private water irrigation pipeline to cross MacArthur Boulevard at the D-3 Channel was approved subject to the following conditions: (1) The Department of Public Works be furnished a sketch for their approval showing type of pipe, depth, and location of the pipeline; (2) A letter be submitted agreeing to remove or relocate the pipeline within 90 days of written notice should the pipeline ever interfere with any public utilities; (3) The normal permit fee be obtained and paid for to place the private pipeline. SURPLUS LAND - SPR 70-12 After considering Surplus Property Report 70-12 regarding a 7,482 square foot parcel of land on the west side of Evergreen Street, south of Warner Avenue, Council declared the property surplus and authorized the Mayor to sign an agreement with Gallegos Realty Company for the sale of the property. PROPOSED CITY CHARTER The proposed amendments to City AMENDMENTS Charter Section~; 904aand+10O5,~u~ahimou~2ly recommended by the Personnel Board were referred to the staff and to the Council Charter Review Committee, on motion of Councilman Evans, seconded by Councilman Herrin and unanimously carried. Councilman Markel requested that the staff and Charter Review Committee give consideration to some additional amendments to the Charter regarding (1) parking meter funds; (2) definitions of "Commission" and "Committee"; (3) percentage limitation on Council expenditure in excess of appraisal for property acquisition; (4) residency requirement for commission and committee members as well as administrative personnel. Councilman Patterson suggested that these recommendations be presented in more detail to the Charter Review Committee. DEEDS, NO CASH On motion of Councilman Patterson, GRANTEE, CITY seconded by Councilman Yamamoto and unanimously carried, Council ordered filed the report of No-Cash Deeds accepted by the City Manager, pursuant to Resolution No, 69-156, from June 11, 1970 through July 1, 1970. DEEDS, NO CASH On motion of Councilman Patterson, GRANTOR, CITY seconded by Councilman Evans and unanimously carried, Council authorized execution of the following Deeds by the Mayor and Clerk: Various owners, north side of Santa Clara, west of Tustin, vehicular access rights. Various owners, east side of Fairview, south of MacArthur vehicular access rights. CITY COUNCIL -178- July 6, 1970 DEEDS WITH CASH On motion of Councilman Patterson, GRANTEE, CITY seconded by Councilman Villa, with Councilman Markel voting, "No", Council authorized execution of escrows by the Mayor for the following: Wyville, north side of First, west of Western, street purposes. Haines, _west side of Broadway, north of Santa Clara, street purposes. DEED, NO CASH On motion of Councilman Patterson, EXCHANGE OF PROPERTY seconded by Councilman Villa and : , unanimously carried, Council authorized execution of Agreement and Deed by the Mayor and Clerk for exchange of property between the State of California and the City. TABLED ITEMS were tabled to July 20: On motion of Councilman Villa, seconded by Councilman Herrin and unanimously carried, the following Agenda items ZONING, ON-SALE LIQUOR - Report on zoning approaches for rejgulating the location of (~n-Sale Liquor Establishments. ADULT TYPE BUSINESSES - Attorney's report regarding adult type businesses. ABORTION CLINIC - Oral presentation by Assistant City Attorney. ORAL COMMUNICATION Councilman Villa requested that the following statement be set forth in the Minutes: When the item of Manpower Grant came up, I did not say anything because, frankly, I was holding my breath and too busy praying. There are certain things that should be clarified. One of the questions is why was this area picked out of the ten picked in California. There is such a thing as a standard statistical man- power area. It is determined by population, incidence of poverty, concentration of minority and unemployment factors. In this statistical area of Anaheim, Santa Ana and Garden Grove, Santa Ana has the greatest incidence of poverty. That is one reason why Santa Aha was chosen. Reference was made to the Federal Government. I think we should have clear in our minds that the Federal Government is our:government- it isn't a foreign power. The arguments used against Federal Government can be applied to city,~ state and county governments. CITY COUNCIL -179- July 6, 1970 ORAL COMMUNICATION - (Continued) The Mayor brought up about President Nixon's new Federalism and the involvement of the private sector into the manpower program. Some of you may not know there is a National Association of Businessmen. Government has funded private industry and there are many of tkese industries and managements_ in these industries that are very, very conservative, but still they participate. They feel and know there is a need for empathy. The training of disadvantaged and minorities is very important to the economy of this country. People say we must not do this for minorities. In every item on the Agenda., we are legislating for a particuiar person, a particular segment, a particular group. If you were to consider that on each item -- the Segerstrom private pipeline -- will this benefit one area or one individual? A variance -- will it benefit 160, 000 or just for that particular change. A certain zone, or parcel map or Conditional Use Permit -- every item we consider legislatively, whether it be at City Council, Board of Supervisors, State Legislative or Congress, they are legislating for a particular group as the need comes up. The National Association of Businessmen have concluded as of June 30. ~They set. themselves 1700 disadvantaged minorities and they met that commitment with 83 percent retention. '~The Register~' ~o,r~al,ljy supported this National Association of Businessmen. Now industry is cooperating in ~ah T(~'"where they fund that particular industry to try to hire and retain these individuals. I say this~ you talk about philosophers, I read once, 'Give a man a fish and he will eat one day; teach him to fish and he will eat for the rest of his life. ' These programs are the most meaningful. You are depleting, reducing your welfare rolls by making them taxpayers, meaningful citizens, proud citizens, because they can get a job and they are qualified and then they are on their own. So they are doing away with welfare. This is what I would like to bring to your attention -- the most meaningful program there is. Councilman Yamamoto requested the staff to investigate a telephone complaint he had received concerning the unsanitary conditions of a drainage ditch near 4110 W. Kent, residence of Mr. Erickson. RECESS At 5:50 P.M., the meeting was recessed to 7:30 P.M., at which time it l~as reconvened with all Council members present. Following the Pledge of Allegiance to the Flag, the Invocation was delivered by the Reverend G. Edward Garner First United Methodist Church. BOARD AND COMMISSION APPOINTMENTS Mayor Griset announced the following Board and Commission appointments: Appointee Board or Commission Term of Office Mrs. Beverly Schick (reappointed) Bowers Memorial Museum July 1, 1970 - June 30, 1974 CITY COUNCIL -180- July 6, 1970 BOARD AND COMMISSION APPOINTMENTS - (Continued) Appointee Board or Commission Term of Office Jack E. Larson Library July 1, 1970 June 30, 1974 Hector Godinez (reappointed) Library July l, 1970 June 30, 1974 Waldo Haug Planning Commission July 1, 1970 (reappointed) June 30, 1974 Joseph J. Holley (reappointed) Personnel Board July 1, 1970 June 30, 1974 Wesley Humphrey (reappointe d) Recreation and Parks July 1, 1970 June 30, 1974 Don Christeson Recreation and Parks July 1, 1970 June 30, 1974 John Lutz Vehicle Parking District #1 July 1, 1970 June 30, 1973 Jack E. Larson, Waldo Haug, Joseph J. Holley, Wesley Humphrey, and John Lutz were present and the oaths of office were administered to them by the Clerk of the Council. PUBLIC HEARING (CONTINUED) Mayor Griset read aloud a letter dated UNIFIED SIGN CODE July 2, 1970 from Fred Kisow, Chairman of the City Legislation Committee of the Santa Ana Chamber of Commerce, stating the Committee was in favor or the proposed sign ordinance except for the outdoor advertising sign portion, but that no definite position had been taken by the Chamber itself. The Mayor opened the continued public hearing on the proposed amendment to Article IV, General Provisions of Chapter 41 of the Santa Ana Municipal Code, to add Section 41-618, Unified Sign Code. Gates Burrows, 950 River Lane; Mrs. Weston Walker, 919 N. Olive; and Robert Savage, for the City Center Association and for the Chamber of Commerce Board of Directors, spoke in favor of the proposed sign ordinance. Bob Reid, representing Foster and Kleiser and also representing Jay Kingry with Pacific Outdoor Advertising, stated they hkd presented their position at the June 1 Council meeting and expressed the hope that Council had studied the proposed recommendations which they had presented to the Council for study at the June 1 meeting regarding the outdoor advertising portions of the proposed ordinance. Joe Gilmaker, 308 W. Fourth Street, spoke in opposition to the proposed sign ordinance. The hearing was closed. CITY COUNCIL -181- July 6, 1970 PUBLIC HEARING (CONTINUED) UNIFIED SIGN CODE - (Continued) After discussion by Council, it was moved by Councilman Patterson, seconded by Councilman Villa, that the City Attorney be instructed to prepare an ordinance for first reading on July 20 in the form of the proposed unified sign code wiih the following two amendments: (1) that C 3 zoning be included in Section H and (2) that a maximum allowance of 672 square feet be permitted for off-premise advertising signs in Section H. On motion of Councilman Villa, seconded by Councilman Evans, the motion was amended to delete Section H in Rs entirety, which amended motion passed on the following roll call vote: AYES: NOE S: ABSENT: Herrin, Evans, Markel, Villa, Yamamoto, Patterson None Griset Councilman Patterson then withdrew his main motion with the consent of the second, Councilman Villa, which nullified the motion to amend. On motion of Councilman Patterson, seconded by Councihnan Villa, the City Attorney was instructed to prepare for first reading on July 20 an ordinance along the lines of the proposed unified sign code as presented with the exception that Section H be deleted. The motion was adopted on the following roll call vote: AYES: NOE S: ABSENT: Evans, Patterson, Villa, Yamamoto, Griset Herrin, Markel None After further discussion, it was moved by Councilman Herrin, seconded by Council- man Patterson and unanimously carried, to refer Section H in the proposed unified sign code to staff for the City Attorney and Planning Director to work out this section with Mr. lqeid of Foster and Kleiser and Mr..Kingry of Pacific Outdoor Advertising. lqECESS present~ At 9:00 P.M.~ a five minute recess was declared. The Council reconvened at 9:08 P.M., with all Council members PUBLIC HEARING - AoA. 659 Hearing was opened on Amendment PLANNING COMMISSION Application No. 659, initiated by the Planning Commission, proposing amendment of Sectional District Map 13-5-10, to reclassify from the lq 3 District to the lq 3H District property located on the west side of Flower Street to the east side of Birch Street~ from Walnut to Camile Streets. There being no response to the call for testimony, the hearing was closed. On motion of Councilman PIerrin, seconded by Councilman Patterson, Amendment Application No. 659 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: IIerrin, Evans, Markel, Patterson, None None Villa ,Yamarnoto, Griset CITY COUNCIL -182- July 6, 1970 APPEAL NO. 237 - VA 70-19 FAIRVIEW PROPERTIES the variance was on file. Mayor Griset stated a letter dated June 24, 1970 from the Chamber of Commerce opposing the granting of The Mayor opened the public hearing on Appeal No. 237, filed by the City Council, appealing the Planning Commission's approval on May 25, 1970 of Variance Application 70-~L9, filed by Fairview Properties~ to construct a 233-unit garden apartment complex in the M 1 District at 3001 West Sunflower Avenue. The following persons spoke in favor of the appeah Richard W. Taylor, Executive Director, Industrial Development Association of Greater Santa Ana, 1521 S. Grand Avenue, on behalf of the Association; Vic Bellaschi; John Grath, 26332 Pecado, Mission Viejo. Mr. Taylor filed a copy of his statement with the Clerk of the Council, which communication was ordered filed, on motion of Councilman Herrin, seconded by Councilman Markel.and unanimously carried. The proponents stated that approval of the Variance would not only encourage general entry of apartments into .clearly defined industrial areas, but that this trend could inhibit industrial expansion in areas where it is needed; that the location is ideally suited lo industrial purposes; that industrial areas provide employment and that there would not be any land available if we don't safeguard what we have. The following persons spoke in opposition to the appeal: M. Douglas, representing the developer, Income Property Services; Ed Riddle, 2284 Cornell Drive, Costa Mesa, realtor and part owner of the subject property; Janice Boer, 912 N. Lowell. The opponents stated thai the quality of the proposed development is above reproach; that it is feasible and economically good for the City; that there was no opposition at the Planning Commission level; thai research indicates there is a real need in the area for such a development; that other exceptions in the area have been made; and surrounding property owners are in favor of the development. The hearing was closed. Councilman Markel voiced his objections to the appeal and expressed the opinion that the variance should be granted. The Assistant City Manager explained that the City Manager objected to this variance because the area had been reserved as industrial area, and was so defined in the General Plan; and that only 18% of the City's land is zoned for industrial use. Council discussed the matter at length. It was moved by Councilman Patterson, seconded by Councilman Villa, to overrule the action of the Planning Commission and instruct the City Attorney to prepare a resolution denying Variance Application 70-19. The motion was adopted on the following roll call vote: AYES: NOES: ABSENT: Evans, Patterson~ Herrin, Ma~rkel None Villa, Yamamoto, Griset Janice Boer stated that the land in question was not suitable for heavy industry. It was moved by Councilman Villa, seconded by Councilman Patterson and unanimously carried, to continue with the Agenda. CITY COUNCIL -183- July 6, 1970 PUBLIC HEARING Hearing was opened on Appeal No. 238, APPEAL NO. 238 - VA 70-23 filed by the City Council, appealing the NATIONAL LAND DEVELOPMENT CO. Planning Commission's approval on May 25, 1970 of Variance Application 70-23, filed by National Land Development Company~ to construct a 74 unit apartment-motel complex in the C t District at 2151 East First Street. Frank Bueche, President, National Land Development Company, 2009 E. Edinger, spoke in opposition to the appeal. He stated he was not aware of the reason for the appeal. Councilman Patterson explained that Council had questioned approving an apartment-motel complex which appeared to be a motel-apartment complex. Mr. Bueche explained that the property is zoned C 1 which allows for a motel, that the buyers of the property are executive motels, that they had previously been granted variances for two other apartment-motel complexes of the same type, that this complex was a motel because it would provide services to the tenant and rents on a nightly, weekly, or monthly basis. No one spoke in favor of the appeal. The hearing was closed. On motion of Councilman Evans, seconded by Councilman Markel, the action of the Planning Commission was upheld and the City Attorney was instructed to prepare a resolution granting Variance Application 70-23 subject to conditions in Finding of Fact dated May 26, 1970, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset None None RECESS present. At 10:35 P.M., a five minute recess was declared. The Council reconvened at 10:40 P. M., with all Council members PUBLIC HEARING Hearing was opened on Appeal No. 239, APPEAL NO. 239 - VA 70-28 filed by Ralph D. Mitzel, appealing MITZEL Conditions 2 (landscaping) and 4 (masonry wall) in Planning Commission's Conditions of Approval for Variance Application 70-28, to construct and operate night parking facilities for vacation vehicles and trailers in the R 2 B, C 2 and M 1 Districts at 1401 N. Harbor Blvd. James R. Mitzel, 2640 N. Oakmont, spoke in favor of the appeal. He explained that in regard to Condition 4, he wanted to use the existing chain link fencing with plastic squares interwoven on the north and west sides of the property and would use the block wall in the remainder of the area. Regarding Condition 2, landscaping, he proposed planting Ficus Elastica trees every 16 feet around the interior perimeter of the property rather than 10 feet as conditioned, and he showed pictures of the trees to the Council. He also stated Condition 2 called for a 5 foot landscaped strip around the perimeter of the property and that he would like to have a 3 foot planter area using oleander. CITY COUNCIL -184- July 6, 1970 PUBLIC HEARING APPEAL NO. 230 - VA 70-28, MITZEL - (Continued) No one spoke in opposition to the appeal. The hearing was closed. The Planning Director explained that when the plastic squares are woven through a chain link fence, the fence will not stand the wind load that the plastic squares create, and that the Building Department would not approve this type of fence. He stated that if a tall thin type of tree were not used for the screening, ii should be a tree that will b~anch quite high off the ground for shading. After discussion, it was moved by Councilman Herrin, seconded by Councilman Markel, to grant the appeal subject to the Building Department's approval of the chain link fencing. The motion failed adoption on the following roll call vote: AYES: NOES: ABSENT: Herrin, Markel, Griset Evans, Patterson, Villa, Yamamoto None On motion of Councilman Patterson, seconded by Councilman Evans, the action of the Planning Commission was upheld and the City Attorney was instructed to prepare a resolutiomgranting Variance Application 70-28 subject to conditions in Finding of Fact dated June 8, 1970 except that Condition 4 be changed to show a 4 foot landscaped strip around the perimeter of subject property, and that the trees be planted not less than one tree for every 16 linear feet of said landscaped strip. The motion was adopted on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Villa, Griset Yamamoto None FLY PROBLEM The Assistant City Manager stated that a report received from the County on the fly control problem in the vicinity of the Fountain Valley Dairy explained that the situation had now been brought under control, and he also stated that the City has received no more complaints on the matter. The report was ordered filed, on motion of Councilman I-Ierrin, seconded by Councilman Villa and unanimously carried~ HUMAN RELATIONS COMMISSION Reverend Ga]al Gough, Chairman of the Human Relations Commission, Mrs~ Pat McGuigan, Chairman of the Sub- Committee on Hunger for the Human Relations Commission, and Major Tom Cisar of the Salvation Army, reported to the Council on the hunger problem in the City and presented Resolution 70-1 of the Human Relations Commission setting forth recommendations of the Hunger Sub-Committee. Harlan Anderson presented a minority report on the position of five members of the Human Relations Commission who disagreed with the resolution. He stated the minority group felt they should seek greater support from our community in assisting the hungry people and they felt it was the responsibility of the City to give financial assistance where needed. CITY COUNCIL -185- July 6, 1970 HUMAN RELATIONS COMMISSION - (Continued) It was moved by CoUncilman Patterson, seconded by Councilman Villa, to approve Resolution 70-1 of the Human Relations Commission of the City of Santa Ana Setting Forth the Recommendations of the Hunger Sub-Committee, that the City Council endorse this program, and further, that the Santa Aha News Story be utilized to disseminate this information to the people of Santa Aha. The motion was adopted on the following roll call vote: AYES: NOES: ABSENT: PIerrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset None None Janice Boer asked if the Council were now going to try to set up a City welfare department, and stated that she felt the money set out in the City budget for the Community Relations Department and for the Santa Ana News Story could better be used to help the starving people. Reverend Gough explained that the Budget Sub-Committee Chairman of the Human Relations Commission, Ron Karos, had resigned due to health problems, so the report on the proposed budget was presented by Reverend Gough. The Council requested that the proposed budget for the Human Relations Commission be presented in more detailed form at the Budget study session on July 13. LATE CLAIMS Late Claims were denied: On motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried, the following Application for Leave to Present Late Claim, Charles G. Artola, Claimant. Application for Leave to Present Late Claim, Kenneth Lan Franco, Claimant. BOND RELEASE Acting on the Public Works Director's TRACT NO. 5771 report of satisfactory completion of improvements, on motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried, Council authorized release of bonds for Tract No. 5771, Carnegie Avenue and Pullman Street. COMMUNITY SERVICES PROJECT The letter dated June 29, 1970 and the attached report from the County Probation Department regarding Community Services Project was referred to staff for report, on motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried. SOUTHWEST COMMUNITY CENTER The Application for Special License PUBLIC PROPERTY USE AND to Use Public Property of Southwest SOLICITATION APPLICATION Community Center to conduct a festival and carnival at Jerome Park and Jerome Center, August 14-August 16, 1970, was approved with location of carnival to be in Center Street between McFadden and Monte Vista~ivenues; and the Solicitation Application of the Southwest Community Center~ soliciting, July 7-August 25, 1970, CITY COUNCIL -186- July 6, 1970 SOUTHWEST COMMUNITY CENTER - (Continued) was approved, on motion of Councilman Herrin, seconded by Councilman Evans and ~unanimously carried. REIMBURSEMENT On motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried, Council authorized reimbursement to National Land Development Company for street improvements. on north side of Seventeenth Street, Mabury Street to Sherry Lane, in the amount of $4,082.34. ADJOURNMENT At 12:05 P.M., there being no further business to come before the City Council, the meeting was adjourned, on motion of Councilman Markel, seconded by Councilman Herrin and unanimously carried. Florence I. Malone Clerk of the Council CITY COUNCIL -187- July 6, 1970