Loading...
HomeMy WebLinkAbout09-08-1970MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA September 8, 1970 The meeting was called to order at 2:00 P. M., 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 M. Patterson, Ray Villa, Harry K. Yamamoto, 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 Herbert Wieland, and Clerk of the Council Florence I. Malone. MINUTES On motion of Councilman I-Ierrin, seconded by Councilman Patterson and unanimously carried, the Minutes of the Regular Meeting of August 17, 1970 were approved as submitted. EXECUTIVE SESSION At 2:07 P.M., the City Coun_cil adjourned to Executive Session for approximately one-half hour to consider appointment to the Human Relations Commissfon and to consider appointment of two additional members to the Bowers Museum Board. The Council reconvened at 2:47 P.M. PROJECT 6018-A On motion of Councilman Herrin) SANITARY SEWER seconded by Councilman Patterson and unanimously carried, Council ordered filed report of bids received for Project 6018-A, Construction of Sanitary Sewer for Santa Anita Park; awarded contract to the low bidder, L.P. Leavitt; and rejec'ted all other bids. SPEC. 641-194 On motion of Councilman Herrin, FIRE ALARM CABLE seconded by Councilman Patterson and unanimously carried, Council ordered filed report of bids received for Spec. 641-194, Fire Alarm Cable, 22,000 feet of 6 conductor, 14, 000 feet of 8 conductor; awarded contract to the low bidder, Anixter-Los Angeles, Inc.; and rejected all other bids. SPEC. 641-195 On motion of Councilman Herrin, TRUCKSTERS seconded by Councilman Patterson and unanimously carried, Council ordered filed report of bids received for Spec. 641-195, Three (3) Trucksters with Pickup Beds; awarded contract to the low bidder, Equipment Service Company; and rejected all other bids. CITY COUNCIL -244- September 8, 1970 SPEC. 641-196 On' motion of Councilman Herrin, BERMUDA STOLENS seconded by Councilman Patterson and unanimously carried, Council awarded contract for Spec. 641-196, 1700 Bushels Santa Ana Hybrid Bermuda Stolens, to Cai-Turf, Inc., the only bidder. BID CALLS Council considered the following bid calls: SPEC. 641-203 - One Tractor and Front End Loader with 3 Point Hitch, opening September 29. SPEC. 641-204 - 28 Survivair Model #9030 Air Paks (or equal), opening September 25. PROJECT 1276A - Remodel Building at 1135 W. 1st, opening September 28. (Project to remodel building purchased by City for widening of First Street in order to clear new right of way line). SPEC. 641-200 - One Hydraulic Sewer Cleaner, opening September 29. SPEC. 641-201 - One 3-Axle Dump Truck, opening September 29. SPEC. 641-206 - Two Street Sweepers, one replacement, one added unit, opening September 25. On motion of Councilman Herrin, seconded by Councilman Patterson, Council approved plans and specifications, authorized advertising for bids on the above listed items and authorized transfer of funds to the Capital Outlay Budget for Project 641-204 (above). The motion was adopted on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Markel None Villa, Yamamoto, Griset Councilman Markel expressed his opposition to Project 1276A (Remodel Building at 1135 West First Street). 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. ORD. NS-1033 ORDINANCE NS-1033 OF THE CITY FIXING TAX RATE OF SANTA ANA, CALIFORNIA FIXING THE AMOUNT OF MONEY ASCERTAINED TO FINANCE OPERATING AND CAPITAL EXPENDITURE COSTS OF THE VARIOUS DEPARTMENTS OF THE CITY~ AND TO PAY THE BONDED INDEBTEDNESS FALLING DUE FOR THE CURRENT FISCAL YEAR 1970-71 FIXING THE RATE OF TAXATION FOR SAID CURRENT FISCAL YEAR, AND DESIGNATING THE NUMBER OF CENTS OF TAX ON EACH $100.00 OF ASSESSED VALUE FOR THE VARIOUS FUNDS OF SAID CITY HEREBY LEVIED ON THE WHOLE OF THE TAXABLE PROPERTY IN SAID CITY was adopted, on motion of Councilman Villa, seconded by Councilman Herrin, on the CITY COUNCIL -245- September 8, 1970 ORD~ NS-1033 FIXING TAX RATE - (Continued) following roll call vote; AYES: Herrin, Evans, Patterson, Villa, Yamamoto, Griset NOES: Markel ABSENT: None AGENDA ORDER On motion of Councilman Yamamoto, seconded by Councilman Villa and unanimously carried, Agenda Items 13 (Ord. NS-1035) and 14 (Ord. NS-1036) were held over to the evening session when interested parties were expected to be present. ORD. NS-1027 ORDINANCE NS-1027 AMENDING SPEED LIMITS ARTICLE VII OF CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE TO REVISE THE SPEED LIMITS FOR CERTAIN STREETS WITHIN THE CITY was passed to second reading, on motion of Councilman Markel, seconded by Councilman Herrin and unanimously carried. ORDu NS-1037 ORDINANCE NS-1037 ADDING AN ADDITION- TAXI DRIVER'S PERMIT AL GROUND TO DIS©UALIFY APPLICANT FOR DRIVER'S PERMIT was )3sserl to second reading on motion of Councilman Patterson, seconded by Courkcilman Villa and unanimously carried. ORD. NS-1039 ORDINANCE NS-1039 AMENDING THE HELICOPTERS & HELIPORTS SANTA ANA MUNICIPAL CODE BY ADDING SECTIONS 41-68, 41-69, AND 41-70 TO ARTICLE I OF CHAPTER 41 UHEREOF AND ADDING SECTION 41-619 TO ARTICLE V THEREOF TO REGULATE HELICOPTERS AND HELIPORTS WITHIN THE CITY OF SANTA ANA was passed to second reading, on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried. ORD. NS-1040 - OFF-PREMISE Council considered ORDINANCE NS-1040 ADVERTISING SIGNS AMENDING THE SANTA ANA MUNICIPAL CODE BY ADDING SECTIONS 41-619.55 AND 41-619. 56 TO CHAPTER 41 THEREOF TO PROVIDE REGULATIONS FOR OFF- PREMISE ADVERTISING SIGNS. Mrs. Weston Walker, representing L,I. S~Ao (Let's Improve Santa Anal presented a letter to Council from L. I. S. A., requesting that the first reading of Ordinance NS-1040 be postponed until the September 21 Council meeting so that her organization could have an opportunity to examine the proposed ordimnce. On motion of Councilman Herrin, seconded by Councilman Villa and unanimously carried, the letter was ordered filed. CITY COUNCIL -246 - September 8, 1970 ORD. NS-1040 - OFF-PREMISE ADVERTISING SIGNS - (Continued) ORDINANCE NS-1040 AMENDING THE SANTA ANA MUNICIPAL CODE BY ADDING SECTIONS 41-619.55 AND 41-619.56 TO CHAPTER 41 THEREOF TO PROVIDE REGULATIONS FOR OFF-PREMISE ADVERTISING SIGNS was passed to second reading, to be placed on the evening Agenda of September 21, on motion of Council- man Herrin, seconded by Councilman Villa and carried. Councilman Markel voted "No". RES. 70-75 RESOLUTION 70-75 AMENDING THE AMENDING GENERAL PLAN PUBLIC SERVICES AND FACILITIES ELEMENT OF THE GENERAL PLAN was adopted, on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried. RES. 70-79 RESOLUTION 70-79 OF THE CITY PREVAILING WAGE RATES COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, ASCERTAINING AND DETERMING THE PREVAILING RATES OF WAGES TO BE PAID FOR THE CONSTRUCTION OF PUBLIC WORKS AND IMPROVEMENTS IN THE CITY OF SANTA ANA UNTIL THE AMENDMENT OR REVOCATION OF THIS RESOLUTION, AND RESCINDING RESOLUTION 69-109 was adopted, on motion of Councilman Patterson, seconded by Councilman Villa and unanimously carried. RES. 70-80 - EX 70-6 RESOLUTION 70-80 AFFIRMING THE HUZYK DECISION OF THE ZONING ADMINISTRATOI~ AND DENYING APPEAL APPLICATION 242 FILED BY WILLIAM AND NINA HUZYK was adopted, on motion of Councilman Evans, seconded by Councilman Markel and unanimously carried. RES. 70-82 RESOLUTION 70-82 APPROVING MAP INTENTION TO VACATE AND DECLARING INTENTION TO VACATE PORTIONS OF HUBBARD STREET, REGENT STREET AND WARREN STREET, RESERVING AN EASEMENT THEREIN FOR WATER MAIN PURPOSES AND GIVING NOTICE OF HEARING THEREON (setting hearing for October 5, 1970) was adopted, on motion of Councilman Patterson, seconded by Council- man Evans and unanimously carried. RECESS present. REFUSE COLLECTION ORD. NS-1038 RES. 70-81 At 3:10 P. M., a five minute recess was declared~ The Council reconvened at 3:20 P.M., with all Council members Council considered the proposed Amendment to the contract with Great Western Reclamation, Inc. , for refuse collection. CITY COUNCIL -247- September 8~ 1970 REFUSE COLLECTION ORD. NS-1038 RES~ 70-81 (Continued) Councilman Markel requested that the matter be held off until the evening meeting when representatives of the South Main Improvement Association would be present. James Moore, Vice President of the Industrial Development Association of G reater Santa Ana, was present and stated that the South Main Improvement Association was the only organization opposed to the Amendment, and that he would like lo have it acted on at this time, since he had taken time off to be present. The Amendment to the Refuse Collection Contract was approved and execution by the Mayor authorized, on motion of Councilman Patterson, seconded by Councilman Villa, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Villa, Yamamoto, Griset Markel None ORDINANCE NS-1038 AMENDING SECTION 16-33 OF CHAPTER 16 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO REFUSE COLLECTION REGULATIONS was passed to second reading, on motion of Councilman Patterson, seconded by Councilman Villa, on the following roll call vote: AYES: Herrin, Evans, NOES: Markel ABSENT: None Patterson, Villa, Yamamoto, Griset RESOLUTION 70-81 AMENDING RESOLUTION 68-142 PERTAINING TO REFUSE COLLECTION RULES AND REGULATIONS was adopted, on motion of Councilman Patterson, seconded by Councilman Villa, on the following roll call vote: AYES: NOE S: ABSENT: Herrin, Evans, Patterson, Markel None Villa, Yamamoto, Griset ENCROACHMENT An Agreement with Charles W. Tappan, D. Do S. and Joseph G. Tirico, M. D. , for an encroaching sign at 500 West 17th Street was approved and execution by the Mayor authorized, on motion of Councilman Herrin, seconded by Councilman PattersOn and unanimously carried. LEASE PURCHASE On motion of Councilman Villa, seconded by Councilman Evans, an agreement for the lease and purchase of approximately nine acres of property located northeast of Center and Chestnut Streets for park purposes was approved and execution authorized, on the following roll call vote: AYES: NOES: ABSENT: Evans, Patterson, Villa, Yarnarnoto, Griset Herrin, Markel None CITY COUNCIL -248 - September 8, 1970 RESIGNATION The resignation of Marian Ross from the ttuman Relations Commission was accepted with regret and an expression of appreciation ordered, on motion of Councilman Herrin, seconded by Councilman Markel and unanimously carried. VOTING DELEGATE On motion of Councilman Villa, seconded by Councilman Markel and unanimously carried, the Council named Mayor Griset as the voting representative and Councilman Patterson as the alternate voting representative at the League of California Cities Annual Conference to be held in San Diego October 25 - 28, 1970. BROADWAY EXTENSION The letter dated August 24, 1970 from the State Division of Highways giving Council advance notice on Opportunity for a Highway Design Public Hearing relative to the proposed new bridge to carry Broadway over the .Santa Ana Freeway was ordered filed, on motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried. FRANCHISE ORDINANCE 1061 On motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried, the City Council approved the transfer and assignment of the Southern Counties Gas Company Franchise, dated March 21, 1938, to the Southern California Gas Company by virtue of the merger of the two said companies into one company to be known as Southern California Gas Company. TRAFFIC Councilman Herrin, The report of control devices removed or installed August 10, 1970 through August 31, 1970 was ordered filed, on motion of seconded by Councilman Markel and unanimously carried. VARIANCE AND CONDITIONAL On motion of Councilman Patterson, USE PERMIT seconded by Councilman Yamamoto 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 70-38, PLUMBING CONTRACTORS INC. - permit construction of office building on lot in C 2 District with legal but non-conforming open storage yard at 4302 W. Westminster - APPROVED; VA 70-40, HALL-LYON-HALL, LTD. - Construct two story, 89 unit garden apartment complex in R 4 District within 150' of R 1 District at 1802 N. Fairview - APPROVED. CITY COUNCIL -249- September 8, 1970 ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Council considered the following Alcoholic Beverage License Applications: Blue Room, 1212 S. Bristol, On Sale Beer, Person Transfer; Circes, 601N. Harbor~ On Sale Beer & Wine, Premises Transfer; Schroeder's Market, 1530 S. Greenville, Off Sale Beer & Wine, Person Transfer; Moore, 3]6 N. Harbor, New On Sale Beer; Stater Bros. Marke~ 2360 N. Tustin, New Off Sale Beer & Wine; O.C~ Farmers Market, 3718 W. Bolsa, New Off Sale Beer & Wine; Tijuana Glass, 105 N. Broadway, New On Sale Beer; Dino's House of Pizza, 2323 W. 1st, New On Sale Beer & Wine; Nitty Gritty, 1521 N Harper, On Sale Beer, Person Transfer~ On motion of Councilman Herrin, seconded by Councilman Yamamoto and unanimousl carried, Council directed that a protest be filed with the Alcholic Beverage Control Board on the application of Circes. 601N. Harbor, and ordered filed the other applications. MINOR EXCEPTIONS Council considered the following Minor Exceptions: EX 70-7, ST, ANNE'S CHURCH - to waive the required 2 1/2' high masonry wall for an 8' chain link fence with redwood baffle along front property line of an off street parking lot in R 3 B District at 109 Borchard - APPROVED; EX 70-8, GLYNN - construct room addition that encroaches to within 8' of rear property line in R i District at 625 S. Mohawk - APPROVED; EX 70-9, ANDERSON - construct room addition that encroaches to within 8' of rear property line in R 1 District at 918 N. Dianne - APPROVED~ It was moved by Councilman Villa, seconded by Councilman Patterson, to vote separately on the Minor Exceptions. The motion was passed on the following roll call vote: ~ AYES: Herrin, Markel, NOES: Evans ABSENT: None Patterson, Villa, Yamamoto~ Griset Councilman Markel made a motion, seconded by Councilman Yamarnoto, to change the height of the chain link fence from 8 feet to 6 feet. The Planning Director explained that the church wanted to use the property for both a parking area and an extension of the playground area, that the fence would shield the area and help alleviate the noise. Councilman Patterson made a motion~ seconded by Councilman Evans, to amend by substitution Coun¢ilmanMarkel's motion, to receive and file Minor Exception 70-7~ The motion by substitution~ to receive and file, was adopted on the following roll call vo(e: AYES: NOES: ABSENT: Herren, Evans, Patterson, Griset Mar~el, Villa, Yamamoto None CITY COUNCIL -250- September 8, 1970 MINOR EXCEPTIONS - (Continued) Councilman Villa explained for the record that his "No" vote was a protest vote because of the action of Father Collins, who told his parishioners to change their registration from the Democratic Party to the Republican Party. He explained "that 6 Republicans voted for the abortion law and 16 Democrats voted against it; the Governor signed the Bill into law and the Governor is a Republican. Why then shouldn't Father Collins suggest to his parishioners to change their registration from Republican to Democrat ?" Minor Exceptions 70-8 and 70-9 were ordered filed, on motion of Councilman Herrin, seconded by Councilman Patterson, on the following roll call vote: AYES: Herrin, Evans, NOES: Yamamoto ABSENT: None Markel, Patterson, Villa, Griset SOLICITATION APPLICATIONS On motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried, the following Solicitation Applications were approved: Missions International (Christ for India), collecting discarded items to sell, September 8 - November 7, 1970. Community Betterment Association of Santa Ana, soliciting and bake sales, community teas, lunches, dinners, October 1- November l, 1970. RECESS present. At 4:30 P.M., a five minute recess was declared. The Council reconvened at 4:40 P.M., with all Council members HUMAN RELATIONS COMMISSION A motion by Councilman Patterson, RESOLUTION 7042 seconded by Councilman Villa, to approve in principle the three items proposed by the Human Relations Commission in its Resolution No. 70-2 and to instruct the City Attorney to draft a Resolution accordingly for Council consideration was carried, on the following roll call vote: AYES: NOES: ABSENT: Evans, Markel, Patterson, Villa, Yamamoto, Griset Herrin None The foregoing motion amended by substitution a previous motion by Councilman Villa, seconded by Councilman Patterson, to adopt Human Relations Commission Resolution 70-2 as a Resolution of the City Council. Previous to the Council action, Reverend Gough stated that the response to an article in the Ci%'~ News Story regarding the Human Relations Commission Hunger Program had been gratifying. CITY COUNCIL -251- September 8, 1970 HUMAN RELATIONS COMMISSION RESOLUTION 70-2 (Continued) In presenting Human Relations Commission Resolution 70-2, entitled "Resolution on Moral Responsibility to Families Uprooted and Made Homeless by the City of Santa Anav, the Reverend Gough stated that the moral issue is whether the City ought to use the powers it has to re-settle and help people whose homes are taken from them and he described the hardships faced by families and elderly couples who have been displaced by reason of municipal improvements. He suggested that the Council might consider initiating policies and continuing programs whereby displaced persons would not be required to move until they could be adequately settled in a location suited to their needs and means; and that various Federal and State programs such as matching funds might be available to the City to deal with the problems of re-settlement and housing improvements. Mr. Samuel Sandoval, Chairman of the Human Relations Housing Sub-Committee, described the problems facing the Vaca family, 1121 West First Street, as a result of eminent domain proceedings brought by the City in conjunction with the widening of First Street. He stated that they had been unable to find comparable housing for the amount ($20,300) offered by the City for their present home. The Assistant City Attorney, James Withers, responded to Mayor Griset'~ question regarding the possibility of delaying further legal action pending discussion with staff of alternative solutions. He stated that the problem had been negotiated for a year; that the Vaca were represented by an attorney; that the matter was now in litigation; and that Council action might prejudice existing legal rights and legal patte ms. Mr. Vaca suggested that the home be set back further on the property; and that he be allowed to use the property as a residence for ten years, at which time he would sell or establish a business at the location, since it is commercially zoned. Mrs. Vaca and Mr. Jose Vaca, 702 North Concord, also described the problems facing the family and what they had done in attempting to resolve them. The City Attorney stated that the only solution, at this point in time, was a continuing effort by the attorneys on both sides to reach a solution. The Reverend Gough suggested that it would be helpful if Mr. Sandoval could also meet with the attorneys. WINDSOR PARK A petition containing approximately 320 signatures of residents and property owners of the Windsor Park area was considered by the Council. The petition requested (1) that the park lights be on from dusk to dawn; (2) that two speed bumps be placed, one on each side of the entry way to the south parking lot across La Verne Avenue; (3) that the police patrol at irregular hourly intervals and enforce the curfew laws; (4) that a "narcotics che¢t~!' of the park be made in the night or morning before the children go to school; and additionally requesting speed bumps in the 1200 block of S. Nakoma Drive, and throughout the whole tract. CITY COUNCIL -252- September 8, 1970 WINDSOR PARK - (Continued) Mr. Daniel Knapp, 2906 W. La Verne, stated that for the past several months residents adjacent to the park have been continually bothered by speeding cars and racing cycles, mainly at night after the park lights are off; that it stops when the police appear but resumes when they leave the area. He further stated that 98.7 percent of the people approached had signed the petition; that the park has become a haven for narcotics and pill users; that there has been an increase in "breaking and entering" by teenagers, with the park being used as an observation point. It was moved by Councilman Herrin, seconded by Councilman Villa and unanimously carried, to refer the matter to staff for report. PUBLIC PROPERTY USE The Application for Special License to Use Public Property, filed by the Ruben Salazar Memorial Committee, for a procession and open air public meeting, from E1 Salvador Park to the Municipal Stadium, on September 12, 1970, from 10:00 A.M. to 12:00 Noon, was unanimously approved, on motion of Councilman Villa, seconded by Councilman Markel. AGENDA ITEMS 50 THROUGH 60 at the end of the evening Agenda. Due to the lateness of the hour, the Mayor announced that Agenda Items bO through 60 on the afternoon Agenda would be taken up RECESS At 6:00 P.M., the 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 delivered by the Reverend H. Syvelle Phillips of the First Assembly of God Church. SPECIAL PRESENTATIONS Mayor Griset presented Certificates of Appreciation to La Verne Means, former member of the Board of Recreation and Parks, and to Ronald Karos and Mrs. Marian Ross, former members of the Human Relations Commission. Herbert Hill, former member of Vehicle Parking District No. 1, and Dr. Oliver Lawson and Ronald Anderson, former members of the Library Board, were unable to be present and Mayor Grtset explained that their Certificates of Appreciation would be mailed to them. BOARD AND COMMISSION On motion of Councilman Markel, seconded APPOINTMENTS by Councilman Villa and unanimously carried, Mrs. Ruth Bellows was appointed to the Human Relations Commission, replacing Mrs. Marian Ross, for the unexpired term ending June 30, 1973. On motion of Councilman Patterson~ seconded by Councilman Evans and unanimously carried, Charles Swarmer and Mrs. Kathleen Howard were appointed to the Bowers CITY COUNCIL -253- September 8, 1970 BOARD AND COMMISSION APPOINTMENTS - (Continued) Museum Board as the two additional members authorized by Ordinance No. NS-1024, adopted August 3, 1970, for terms expiring June 30, 1973 and June 30, 1972, re spectively. The three appointees were introduced by Mayor Griset and were given the Oath of Office by the Clerk of the Council. PUBLIC HEARING Hearing was opened on Amendment AMENDMENT APPLICATION 670 Application 670, filed by W. L. and GORZEMAN G.J. Gorzeman, proposing amendment of Sectional District Maps 17-5-9 and 20-5-9 by rezoning from the A 1 District to the M 1 District property located on the south side of McFadden Avenue between Ritchey Street and Village Way. There being no response to the call for testimony, the hearing was closed. On motion of Councilman Herrin, seconded by Councilman Yamamoto, Amendment Application 670 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, Evans, Markel, Patterson, Villa, Yamamoto, Griset None None PUBLIC HEARING - VACATION Hearing was opened on proposed PULLMAN STREET - RES. 70-84 vacation of a portion of Pullman Street between Deere and Garry. There being no response to the call for testimony, the hearing was closed. RESOLUTION 70-84 ORDERING THE VACATION OF A PORTION OF PULLMAN STREET NORTHEASTERLY OF PROPOSED GARRY STREET was adopted, on motion of Councilman Herrin, seconded by Councilman Markel, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset None None PUBLIC HEARING - VACATION SHERWOOD STREET - RES. 70-85 Hearing was opened on proposed vacation of Sherwood Street at Maple Street. Ernest Sigala, owner of Parcel 8, 528 E. Sherwood, residing at 1762 Roanoke, Tustin, spoke in opposition to the vacation, expressing the opinion that his parcel would be landlocked, and that it was his understanding when he purchased the parcel that it was a dedicated street. The Public Works Director explained that it was a private street; that the City had tried but had not been able to get dedication on the whole street, therefore the City was abandoning the right of way for street purposes on the parcels described in Resolution 70-85 ordering the vacation; and that Mr. Sigala's property was three or four lots away from the portions being considered for vacation and that the status of his property would be unchanged by this vacation action. Mr. Sigala explained that one of the property owners had recently put in a fence ~vk/icn landlocked his property. CITY COUNCIL -254- September 8, 1970 PUBLIC HEARING - VACATION SHERWOOD STREET - RES. 70-85 (Continued) No one else desiring to speak, the hearing was closed. A motion was made by Councilman Markel, seconded by Councilman Yamamoto, to continue the matter to the September 21 Council meeting so that staff could investigate Mr. Sigala's problem, which motion failed adoption on the following roll call vote: AYES: NOES: ABSENT: Markel, Villa, Yamamoto Herrin, Evans, Patterson, Griset None RESOLUTION 70-85 ORDERING THE VACATION OF SHERWOOD STREET AT MAPLE STREET was adopted, on motion of Councilman Evans, seconded by Councilman Herrin, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Griset Markel, Villa, Yamamoto None The Mayor suggested that Mr. Sigala meet with Councilmen Villa and Yamamoto who would explain the matter to him in more detail. PUBLIC HEARING Mayor Griset opened the public hearing UNDERGROUND UTILITY to determine whether the public necessity, DISTRICT NO. 2 - RES. 70-83 health, safety, or welfare will be served by the establishment of Underground Utility District No. 2 (17th Street from Santa Aha Freeway to just west of Main Street). There being no response to the call for testimony, the hearing was closed. RESOLUTION 70-83 ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 2 was adopted, on motion of Councilman Herrin, seconded by Councilman Patterson, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, None None Villa, Yamamoto, Griset PUll! IC HEARING Gary Taylor, on behalf of the appv!lant APPEAL 243 - VA 70-39 for Appeal 243, filed by Personal Service Car Rental, Inc., appealing Condition 5 in the 7~oning Administrator's approval of VA 70-39, to rent and lease automobiles from an existing service station site in the R 2 District at 1215 N. Grand Avenue, requested that the public hearing on the appeal be continued to Se?tember 21. On motion of Councilman Patterson, seconded by Councilman Herrin and unanimously carried, the public hearing on Appeal 243 was continued to the Council meeting of September 21, 1970. CITY COUNCIL -255- September 8, 1970 ORD. NS-1029 UTILITY USER TAX UPON THE USE OF ELECTRICITY, AND SERVICES. Council considered the second reading and adoption of ORDINANCE NS-1029 PROVIDING FOR UTILITY USER TAX GAS, TELEPHONE, AND WATER FACILITIES The following spoke in Opposition to the adoption of Ordinance NS-1029: James Gilmore, 1405 S. Garnsey, President of the Industrial Development Association of Greater Santa Ana; Nancy Holsinger, 326 N. Mountain View, Secretary of the Southwest Homeowners' Association; Robert Fair, 1425 Standard, representing the Orange County Apartment House Association; Bryn Evans, President of the Santa Ana Chamber of Commerce; Buford Gibson, 12962 Browning, representing Santa Ana-Orange-Tustin Board of Realtors; Dorothy Brady, 1002 W. Occidental, who presented a petition containing approximately 215 signatures, which was ordered filed, on motion of Councilman Herrin, seconded by Councilman Markel and unanimously carried; Wanda Simcar, 806 S. Citrus Drive, President of Southwest Homeowners' A s sociation; Carol Brandl, 1130 Douglas; Janice Boer, 912 N. Lowell, President of the Property Owners Protective League, Inc., also speaking for her neighbors; Alex Acevido, 3392 Ponderosa Drive; Andrea Vanderpool, 1931 W. Washington; Frederick Rash, 213 N. Cubbon; Mel Jordan, 2405 S. Shelton; Edward Jillson, 3015 S. Rene Drive, President of the South Main Improvement A s sociation; Shirley Redding, 3117 W. Adrian Way; Wes Vanderpool, 1931 W. Washington; MaryE. Ross, 933 E. Brook; Raymond C. Perez, taxpayer; Peter J. Vogel, 2215 N. Ross. RECESS At 9:30 P.M., a five minute recess was declared. The Council reconvened at 9:40 P. M., with all Council members present. ORD. NS-1029 (Continued) UTILITY USER TAX Council continued its deliberations on adoption of Ordinance NS-1029. Councilman Patterson stated that although he believed long-term financing was the best way to finance capital improvements, bond issues consistently failed to pass when put to the voters and that after looking at all of the possible means of revenue, he felt the utility user tax was one of the fairest means because it was spread out to all of the community; that the average charge would be $2.00 per month per household; and that he did not feel there was any other alternative at this time. Councilman Herrin stated he had studied very carefully the priority list of unfunded capital improvements and that he felt the only very important projects were the drainage projects and possibly police radio equipment; and that he thought the timing of the utility user tax ordinance was bad because of the poor economic situation. Councilman Markel expressed his opposition to the tax, stating he was opposed to it for many reasons; for one, he thought it was an attempt to catch up with the tax reductions the CITY COUNCIL -256 - September 8, 1970 ORD. NS-1029 UTILITY USER TAX (Continued) City has been making for the past several years and in his opinion the City had invested far too much money in property for the widening of First Street, Civic Center ,.:' ;.~:~;, and 17th Street widening. Councilman Evans stated he agreed with Councilmen Herrin and Markel on most points, although he did think the tax was a good way to finance capital improvements; however, he did not feel that all of the projects on the unfunded priority list were really necessary. Councilman Yamamoto explained that the utility user tax was decided upon rather than raising the property tax and he felt it was a more equitable way of raising revenue. Councilman Villa expressed his opinion that the utility user tax was necessary and he supported it. It was moved by Councilman Patterson, seconded by Councilman Villa, to adopt Ordinance NS-1029. Councilman Yamamoto suggested amending the ordinance to put a one year time limit on the tax. The City Manager explained that there was no termination date; that it would be established as a tax procedure of the City and continue until such time as the City Council were to change it. The motion to adopt Ordinance NS-1029 failed to pass on the following roll call vote: AYES: Patterson, Villa, Griset NOES: Herrin, Evans, Markel, Yamamoto ABSENT: None Councilman Yamamoto made a motion, seconded by Councilman Patterson, to recohsider the adoption of Ordinance NS-1029, which motion passed on the following roll call vote: AYES: NOES: ABSENT: Patterson, Villa, Yamamoto, Griset Herrin, Evans, Markel None The City Attorney suggested that if Council wished to put a time limit of one year on the utility user tax, an ordinar~ce similar to NS-1029 could be passed to second reading. ORDINANCE NS-1042 PROVIDING FOR UTILITY USER TAX UPON THE USE OF ELECTRICITY, GAS, TELEPHONE, AND WATER FACILITIES AND SERVICES, was passed to second reading after reading by title only, and further reading was waived, on motion of Councilman Yamamoto, seconded by Councilman Villa, on the following roll call vote: AYES: NOES: ABSENT: Patterson, Villa, Yamamoto, Griset Herrin, Evans, Markel None RECESS present. At 10:30 P.M., a five minute recess was declared. The Council reconvened at 10:40 P. M. , with all Councilmembers CITY COUNCIL -257 - September 8, 1970 DELHI PARK A presentation that was to have been made by Mrs. Connie Rios regarding Delhi Park was tabled until after the Delhi Community organization has met with representatives of the Recreation and Parks Department and the Community Relations Director, on motion of Councilman Villa, seconded by Councilman Herrin and unanimously carried. VA 69-84 - CURCI-TURNER Council considered the matter 70-UNIT GARDEN APARTMENT discussed and referred to staff at the August 17 meeting regarding a 70-unit garden apartment complex (VA 69-84, December l, 1969), now under construction at 1331 W. Central Avenue. William Will, 1420 W. Central Avenue, displayed photographs to the Council showing the present stage of completion of the apartments. I-Ie explained that the developers, represented by Mr. Rossi, had met with the Planning staff and residents and had agreed to the use of louvres to insure privacy and landscaping for screening of the apartments from the adjacent back yards of the residents. He requested that the Council amend the Variance to insure these conditions being carried out. The Planning Director explained that plans had been shown by the developer to seven of the adjacent residents showing the louvres at the stairways and also at the end of the building and that all seven residents had agreed this would solve the problem. The Mayor explained that the Council could not legally amend the Variance, and if the plans for the louvres and the landscaping as agreed upon by the neighboring residents were not carried out, the residents should bring it to the attention of the Council. BUDGET TRANSFER Request for Transfer of Funds from Fund 11-350 to Fund 11-123, 11 -123-211, 11-123-221, 11-123-311, 11-123-531, in the amount of $20,000 (for Manpower Program) was approved, on motion of Councilman Evans, seconded by Councilman Yamamoto, on the following roll call vote: AYES: NOES: ABSENT: Evans, Patterson, Villa, Yamamoto, Griset Herrin, Markel None PROCLAMATION On motion of Councilman Villa, seconded MEXICAN INDEPENDENCE DAY by Councilman Markel and unanimously carried, the Mayor was directed to issue a Council proclamation honoring September 16, 1970, Mexican Independence Day. ASSESSMENT DISTRICT 236 On motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried, the letter dated September 2, 1970 from the Santa Ana City Center Association regarding maintenance for Assessment District No. 236 was referred to staff for study and report. CITY COUNCIL -258- September 8, 1970 ORD. NS-1035 Council considered adoption of ORDINANCE ON-SALE LIQUOR OR BEER NS-1035 AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE BY ADDING NEW SUBSECTIONS TO SECTIONS 41-365, 41-376, 41-395, 41-424, AND 41-472 THEREOF TO REQUIRE A CONDITIONAL USE PERMIT FOR THE ESTABLISHMENT OF ON SALE LIQUOR OR BEER BUSINESS WITHIN 300 FEET OF AGRICULTURALLY OR RESIDENTIALLY ZONED OR USED PROPERTY. Subsequent to a motion to adopt Ordinance NS-1035 by Councilman Yamamoto, seconded by Councilman Markel, the following persons addressed the Council, requesting Council to act under the Quimby Walsh Act and adopt a strict ordinance that would keep the nude dancing, offensive entertainment and dirty book stores out of the Cityj especially in the area of Harbor Boulevard and Bolsa where these bars seem to flourish: Anthony Nieto, 10962 Kern Avenue, Garden Grove, representing the Citizens Action Council of Orange County; Tom Muller, 5313 West Kilson; Bill Henry, Fountain Valley; Reverend W.B. Ramsey, 533 South Wood; A1 Wolf, 4921 W. Roberts; TedLogness, Garden Grove; Vince Scotti, 307 S. Newhope. They asked why the City could not enact legislation under the provisions of the Quimby Walsh A ct. The Mayor explained that the Council felt just as strongly as the residents, but that the courts' rulings would make it impossible for the City to sustain an Ordinance based on the Quimby Walsh Act. The City Attorney explained that lewd and lascivious conduct and indecent exposure are against the law and there was no necessity to add to those laws; however, the courts have held that topless and bottomless dancing are freedom of expression; and that if it goes beyond that~ it is against the law. He explained that the validity of the Alcoholic Beverage Control Board's new laws has been challenged in the courts. The City Attorney further explained that the ordinance being considered for adoption at this lime was an attempt to remove these offensive activities from residential areas and that the Alcoholic Beverage Control Board's new regulations would offer considerable relief at the State level; that the Quimby Walsh Act purpo:~ts to give local jurisdiction in the area of topless dancing but that if a local body does legislate, and the matter goes through the courts, they have continuously upheld that nude dancing is not an obscenity, so that local legislation is valueless. After further discussion, the motion to adopt Ordinance NS-1035 was passed on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset None None CITY COUNCIL -259- September 8, 1970 ORD, NS-1035 ON-SALE LIQUOR OR BEER - (Continued) On motion of Councilman Yamamoto, seconded by Councilman Evans, the City Attorney was instructed to draft a proposed ordinance based on the Quimby Walsh Act patterned after t,h0se adopted by adj0inin~ cities, with the l~r0vis0 thai their legislation has proven effective. The motion was adopted on the following roll call vote: AYES: NOES: ABSENT: Herrtn, Evans, Markel, Villa, Yamamoto, Griset Patterson None ORD~ NS-1036 ORDINANCE NS-1036 DEFINING ADULT BOOK STORE "ADULT BOOK STORE" AND REQUIRING CONDITIONAL USE PERMIT FOR OPEILATION OF SAME IN VARIOUS ZONES OF THE CITY was adopted, on motion of Councilman Yamamoto, seconded by Councilman Herrin, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset None None DEEDS - NO CASH The report of No-Cash Deeds accepted GRANTEE, CITY by the City Manager, pursuant to Resolution No. 69-156, from August 13, 1970 through Seplember 2, 1970 was ordered filed, on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried. DEEDS WITH CASH It was moved by Councilman Herrin, GRANTEE, CITY seconded by Councilman Patterson, to approve and authorize execution of escrow by the Mayor for the following Deed: Pretzer, north side of First, west of Birch, street purposes. The motion was adopted on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Markel None Villa, Yamamoto, Griset DEEDS - NO CASH On r~:otion of Councilman Herrin, GRANTOR, CITY seconded by Councilman Patterson and unanimously carried, execution of Deed by the Mayor and Clerk was authorized for: Various owners, north side of Dyer, west of Main, vehicular access rights. CITY COUNCIL -260 - September 8, 1970 DEEDS WITH CASH On motion of Councilman Herrin, GRANTOR, CITY seconded by Councilman Patterson and unanimously carried, Council approved and authorized execution of escrow by the Mayor and authorized execution of Deed by the Mayor and Clerk for: Hearn, north of Acapulco, east of Corta, SPR 57-65A. PARCEL MAP 672 Parcel Map 672, filed by Myron C. Sukut and Richard Coulson, creating two (2) M 1 parcels northwest of the intersection of Castor Street and Yale Street, was approved subject to conditions in Planning Director's report dated September 1, 1970, on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried. OFFICE FACILITIES - MANPOWER On motion of Councilman Patterson, PROJECT COORDINATOR seconded by Councilman Villa, Council authorized the appropriation and expenditure of funds for minimal remodeling for office facilities for Manpower Project Coordinator, not to exceed $2,600, on the following roll call vote: AYES: NOES: ABSENT: Evans, Patterson, Villa, Yamamoto, Griset He rrin, Markel None REIMBURSEMENT On motion of Councilman Herrin, seconded by Councilman Markel and unanimously carried, Council authorized reimbursement to Starer Brothers Markets for street improvements on the southeast corner of McFadden Avenue and Standard Avenue in the amount of $8,733.97. FINAL MAP, TRACT 6505 Final Tract Map 6505, filed by The Covington Brothers, creating 26 lots on the south side of MacArthur Boulevard between Fairview Street and Greenville, was approved, dedications thereon accepted, and execution of subdivision agreement authorized, on motion of Councih.~an Herrin, seconded by Councilman Yamamoto and unanimously carried. REIMBURSEMENT On motion of Councilman Herrin, seconded by Councilman Markel and unanimously carried, Council authorized reimbursement to Macco Corporation for improvements on (1) west side of Main Street north of Dyer Road, curb and gutter only, in the amount of $1, 829.09 and (2) north side of Dyer Road, Main Street to 1600 feet west, in the amount of $38,775.34 (total reimbursement, $40,604.43)° CITY COUNCIL -261- September 8, 1970 SURPLUS LAND After considering Surplus Property SPR 70-19 Report ]0-19, regarding 1, 507 square feet of property located at northeast corner of First and Main Streets, Council declared the property surplus, of nuisance value to other than adjacent owner because of size and shape, and authorized negotiated sale, on motion of Councilman Herrin, seconded by Councilman Yamamoto, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Villa, Yamamoto, Griset Markel None Councilman Markel voiced his opposition to the sale of this property and recommended that the City hold it for a historical marker or monument to advertise the service clubs in the City. SURPLUS BUILDINGS After considering Surplus Property SPR 70-20 AND SPR 70-21 Report 70-20 regarding one-story house at 1001 West First Street and Surplus Property Report 70-21 regarding one-story house at 1019 West First Street, Council declared the buildings surplus and authorized demolition, on motion of Councilman PIerrin, seconded by Councilman Patterson, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Villa, Yamamoto, Griset Markel None EDGEWOOD ROAD . Acting on the Public Works Director's IMPROVEMENTS recommendation regarding request for improvements on Edgewood Road, Main Street to Spurgeon, Council deferred for one month the resolution ordering the work and setting the hearing date, on motion of Councilman Patterson, seconded by Councilman Herrin and unanimously carried. SPECIAL DISTRICTS AND CITIES Council considered the request from the City of Laguna Beach to support . action by the League of California Cities to clarify conflicts between special districts and cities. Acting on the staff recommendation the City Council went on record as supporting the City of Laguna Beach in requestin~ attire! b~y the League of California Cities to clarify conflicts between special districts and cities :pertaining to work done by special districts in public rights of way Within cities, and the City Attorney was directed to prepare a resolution for the September 21 Council meeting. NATIONAL SERVICE TO On motion of Councilman Patterson, REGIONAL COUNCILS seconded by Councilman Herrin and unanimously carried, Councilman Villa was authorized to attend the National Service To Regional Councils West Coast Workshop, to be held in Sacramento on September 14 and 15, at City expense. CITY COUNCIL -262- September 8, 1970 ORD. NS-1031 - RETIREMENT It was moved by Councilman Evans, CONTRACT AMENDMENT seconded by Councilman Patterson, to reconsider ORDINANCE NS-1031 AUTHORIZING AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF SANTA ANA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETI I~EMENT SYSTEM, which was considered for adoption at the August 17 Council meeting but failed to pass by the required two-thirds vote of approval. The motion was adopted on the following roll call vote: AYES: NOES: ABSENT: Evans, Patterson, Villa, Yamamoto, Griset Herrin, Markel None ORDINANCE NS-1031 AUTHORIZING AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF SANTA ANA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM was adopted, after being read by title only, on motion of Councilman Patterson, seconded by Councilman Yamamoto, on the following roll call vote: AYES: NOES: ABSENT: Evans, Patterson, Villa, Yamamoto, Griset Herrin, Markel None GIRLS CLUB REQUEST Councilman Patterson stated that the fire station building located at Edinger and Greenville has been loaned to the Girls Club by the County to use as a meeting place and that they have now requested Council to consider allowing them to use the adjoining City-owned unimproved property. The City Manager stated that staff would bring back a recommendation at the September 21 Council meeting. COMPLAINT Janice Boer reported that a residence in her neighborhood, rented by three college boys, has created a very bad situation; that girls have moved in, also; and there are parties and drinking goiug on every weekend. The City Manager stated that the staff would investigate the matter. DEEDS WITH CASH On motion of Councilman Patterson, GRANTEE, CITY seconded by Councilman Villa, the following deed was approved and execution of escrow by the Mayor was authorized: Southland Properties, Inc., Income Center, Inc., and George Frueling, approximately 9 acre parksite located north of Chestnut, east of Center, incremental park purchase. Councilman Herrin voted "No". CITY COUNCIL -263- September 8, 1970 DEEDS WITI-I CASH GRANTEE, CITY - (Continued) On motion of Councilman Patterson, seconded by Councilman Villa, the following deed was approved and execution of escrow by the Mayor was authorized: Mr. and Mrs. Walter Burton, east side of Custer, north of Stafford, for playground purposes in the Logan area. ADJOURNMENT At 12:53 P.M., there being no further business to come before the City Council, the meeting was adjourned, on motion of Councilman Herrin, seconded by Councilman Villa and unanimously carried. - Florence I. Malone Clerk of the Council CITY COUNCIL -264- September 8, 1970