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HomeMy WebLinkAbout09-21-1970MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA September 21. 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, Ray Villa, Harry K. Yamamoto, and Mayor Lorin Griset. Councilman Jerry M. Patterson was absent, but arrived later. 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 cf the Council Florence I. Malone. MIN UT E S of the Regular Meeting of September 8, On motion of Councilman Villa, seconded by Councilman Markel and unanimously carried, the Minutes 1970 were approved as submitted. PROJECT 6034 - On motion of Councilman Herrin, RESURFACING seconded by Councilman Yamamoto and unanimously carried, Council ordered filed report of bids received for Project 6034, Construct Asphalt Concrete Resurfacing of Various Walks and Courts in Madison, Adams and E1 Salvador Parks; awarded contract to the low bidder, Jackson Brothers Construction; and rejected all other bids. SPEC. 641-197 - On motion of Councilman Herrin, WATER METERS seconded by Councilman Evans and unanimously carried, Council ordered filed report of bid received for Spec. 641-197, Combination Fire and Domestic Water Meters (Turbo Water Meter), and awarded contract to the only bidder, Rockwell Manufacturing Company. Councilman Patterson arrived at the Council meeting. SPEC. 641-198 - INSURANCE Council considered award of contract for Spec. 641-198, Boiler and Machinery Insurance for period effective September 22, 1970 through September 22, 1973. Mr. John Martin, representing Tausch Insurance Brokers, presented a letter to Council asking that their bid be reconsidered, since they included a recommend- ation with their bid which would save the City money by excluding the hot water heaters from coverage. The City Manager explained that this would be considered bidding on something not in the City's specifications and, if considered, would place the City's bidding procedure in a questionable situation. After a brief discussion, it was moved by Councilman Markel, seconded by Councilman Yamamoto, to order filed the report of bids received; award contract as recommended to the low bidder, Harrison, Zeppegno & Bristol, for a five year policy, payable in annual installments; and reject all other bids. The motion was adopted, with Councilman Villa voting "No". CITY COUNCIL -265- September 21, 1970 PROJECT 7013 - It was moved by Councilman Patterson, CITY HALL seconded by Councilman Villa, to order filed report of bids received for Project 7013, Construction of New City Hall; declare Council's intent now, acting as agent for the Civic Center Commission, to award the construction bid for the new City Hall, Project 7013, to the low bidder, J.B. Allen and Company of Anaheim, California, for the net amount of $4,174,300, accepting only the deductive alternates #1 (in the amount of minus $4,200) and #4 ( in the amount of minus $20,500), subject to sale and receipt of the bonds to pay for this project; and reject all other bids. The motion was adopted on the following roll call vote: AYES: NOES: ABSENT: Evans, Patterson, Villa, Yamamoto, Griset Herrin, Markel None READING WAIVED On motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried, the full reading of ordinances and resolutions, the titles of which appeared on the public Agenda, was waived. ORD. NS-1027 - SPEED LIMITS ORDINANCE NS-1027 AMENDING ARTICLE VII OF CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE RELATING TO PRIMA FACIE SPEED LIMITS FOR CERTAIN STREETS WITHIN THE CITY was adopted on motion of Councilman Evans, seconded by Councilman Markel, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset None N one ORD. NS-1037 - DRIVER'S ORDINANCE NS-1037 ADDING AN PERMIT ADDITIONAL GROUND TO DISQUALIFY APPLICANT FOR DRIVER'S PERMIT was adopted, on motion of Councilman Herrin, seconded by Councilman Yamamoto, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset None N one ORD. NS-1038 - REFUSE ORDINANCE NS-1038 AMENDING SECTION COLLECTION REGULATIONS 16-33 OF CHAPTER 16 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO REFUSE COLLECTION REGULATIONS was adopted, on motion of Councilman Evans, seconded by Councilman Yamamoto, on the following roll call vote: AYES: Herrin, NOES: Markel AB SENT: None Evans, Patterson, Villa, Yamamoto, G riser CITY COUNCIL -266- September ~.1, 1~)70 ORD. NS-1039 - HELICOPTERS ORDINANCE NS-1039 AMENDING AND HELIPORTS THE SANTA ANA MUNICIPAL CODE BY ADDING SECTIONS 41-68, 41-69, AND 41-70 TO ARTICLE I OF CHAPTER 41 THEREOF AND ADDING SECTION 41-619 TO ARTICLE V THEREOF TO REGULATE HELICOPTERS AND HELIPORTS WITHIN THE CITY OF SANTA ANA was adopted, on motion of Councilman Herrin, seconded by Councilman Patterson, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Villa~ Yamamoto~ Griset N one None ORD. NS-1042 - UTILITY On motion of Councilman Evans, USER TAX seconded by Councilman Markel, ORDINANCE NS-1042 PROVIDING FOR UTILITY USER TAX UPON THE USE OF ELECTRICITY, GAS, TELEPHONE AND WATER FACILITIES AND SERVICES was deferred to the evening Agenda, on the following roll call vote: AYES: NOES: A BSEN T: Herrin, Evans, Markel, Yamamoto, Griset Patterson, Villa N one ORD. NS-1043 - A.A. 670 ORDINANCENS-1043 CHANGING GORZEMAN DISTRICT CLASSIFICATION ON AMENDMENT APPLICATION 670 FILED BY W. L. ANDG. J~ GORZEMAN AND AMENDING SECTIONAL DISTRICT MAPS 17-5-9 AND 20-5-9 (EXItIBIT AA 670-A) ( south side of McFadden between Ritchey and Village Way) was passed to second reading, on motion of Councilman Herrin, seconded by Councilman Markel and unanimous ly carried. RES. 70-89 RESOLUTION 70-89 REQUESTING COURT ACTION THAT THE COUNTY OF ORANGE DEFEND THE ACTION FOR THE RECOVERY OF TAXES PAID UNDER PROTEST FILED BY WESTERN TITLE GUARANTY COMPANY, ORANGE COUNTY DIViSION~ A CORPORATION. AGAINST THE COUNTY OF ORANGE AND THE CITY OF SANTA ANA was adopted, on motion of Council.man Patterson, seconded by Councilman Villa and unanimously carried. RES. 70-90 Council (onsidered adoption of DISPLACEMENT BY CITY RESOLUTION 70-90 DECLARING ACTION THE I:NTENT[ON OF q'tlE CiTY OF SANTA ANA TO TREAT PERSONS DISPLACED BY CITY ACTION IN A MANNER COMPATIBLE WITH THEIR BEST INTERESTS. After discuss~;ign, ii: was moved by Councilman Patterson~ seconded by Councilman Villa, to adopt Resolul:~on 70-.90 with the following changes: that "Eminent Domain Proceedi~tgs" in t7~e ~itle and wherever it appears in the body of ~:he resolution be changed to read "City action"; that the first paragraph of the resolution be changed t~; read~ "WHEREAS~ governmental agencies regularly employ the powers to acquire ]and f~r pubhc use and" that the phrase "by this method" be deleted in the second paragraph and t:?a~ ~he pt~rase "to the e×te~ ~.~ can ~ ~cc~,m?~~'' b(~ '~'!o'~''~ ~ numbered paragraph 1. CITY COUNCIL -267- September 21. 1970 RES. 70-90 DISPLACEMENT BY CITY ACTION (Continued) The motion to adopt Resolution 70-90 as amended was adopted on the following roll call vote: AYES: NOES: ABSENT: Patterson, Villa, Yamamoto, Griset Herrin, Evans, Markel N one RES. 70-91 RESOLUTION 70-91 OF THE COI/NCIL WEEK OF PRAYER FOR PEACE OF THE CITY OF SANTA ANA PROCLAIMING OCTOBER 18-24, 1970 AS A WEEK OF PRAYER FOR PEACE was adopted after being read in its entirety by the Mayor, on motion of Councilman Herrin, seconded by Councilman Patterson, on the following roll call vote: AYES: Herrin, Evans, Patterson, Villa, Yamamoto, Griset NOES: Markel ABSENT: None RES. 70-92 RESOLUTION 70-92 OF THE CITY LIBRARY SERVICES COUNCIL OF SANTA ANA AUTHORIZING THE APPLICATION FOR THE ESTABLISHMENT AND IMPROVEMENT OF LIBRARY SERVICES FROM THE STATE OF CALIFORNIA AND APPROVAL OF A PLAN OF SERVICES THERE- LrNDER was adopted after being read in full by the Clerk of the Council, on motion of Councilman Patterson, seconded by Councilman Yamamoto, on the following roll call vote: AYES: Evans, Patterson, Villa, Yamamoto, Griset NOES: H errin, Markel ABSENT: None COLLEGE SWIMMING POOL On motion of Councilman Herrin, seconded by Councilman Markel and unanimously carried, Council approved and authorized extension to January l, 1971 of agreement between City of Santa Ana and Santa Ana Junior College District for joint use of the College swimming pool. GIRLS CLUB On motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried, Council approved and authorized execution of agreement with the Girls Club of Santa Ana for use of City-owned unimproved property adjacent to the County-owned vacant fire station building at 2317 Greenville Street. PRISONER TRANSPORTATION On motion of Councilman Herrin, seconded by Councilman Yamamoto and unanimously carried, Council authorized execution of agreement with William L. Main, Inc. 0 dba Security Transport, for transportation of prisoners for whom a warrant of arrest has been issued. CITY COUNCIL -268- September ~,1, 1970 EXTENSION OF TIME The request from Anacal Engineering Company for a one year extension of time for Tentative Tract No. 7094 was referred to staff, on motion of Councilman Herrin, seconded by Council- man Patterson and unanimously carried. RECESS Council members present. At 3:00 P.M., a five minute recess was declared. The Council convened at 3:07 P. Mo, with all CONGRESS OF CITIES On motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried, Council designated Mayor Griset as the voting delegate and Councilman Markel as the alternate voting delegate for the 47th Annual Congress of Cities to be held in Atlanta, Georgia, December 7 .- 10, 1970. JET AIRCRAFT Council discussed the Costa Mesa Resolution requesting the Board of Supervisors to take action to impose conditions designed to reduce noise and air pollution by jet aircraft. On motion of Councilman Patterson, seconded by Councilman Villa and unanimously carried, the City Attorney was instructed to draft a resolution similar to Costa Mesa's regarding reduction of aircraft in the skies above Santa Aha and noise and pollution levels at Orange County Airport. VARIANCE AND CONDITIONAL On motion of Councilman Patterson, USE PERMIT seconded by Councilman Herrin and unanimously carried, Council adopted the finding of fact, conclusion and decision of the Planning Commission as action of the City Council on the following: VA 70-42, ALLISON, PEDDICORD - to construct pie and sandwich shop in lhe R 1 District at 1821 N. Grand - APPROVED. TRAFFIC The report of control devices removed or installed August 31, 1970 - September 14, 1970 was ordered filed, on motion of Councilman Herrin, seconded by Councilman Yamamoto and unanimously carried. ALCOHOLIC BEVERAGE On motion of Councilman Herrin, LICENSE APPLICATIONS seconded by Councilman Yamamoto and unanimously carried, Council ordered filed the following Alcoholic Beverage License Applications: The Pour House, 815 E. First, New On Sale Beer; Say On Drug, 1750 N. Grand, Off Sale General, Person Transfer; Half Crown, 1238 E. Edinger, On Sale Beer, Person Transfer; Key Stores, 3031S. Bristol, Off Sale General Premises Transfer; 7 Eleven Stores, 1220 N. Bristol, Off Sale Beer & ¥'v'm~ i~-~u~ T rans fe r. CITY COUNCIL -269- September 21, 1970 SOLICITATION APPLICATIOIqS On motion of Councilman Herrin, seconded by Councilman Markel and unanimously carried, the following Solicitation Applications were approved: DAV Jack Fisher Chapter 23 & Auxiliary, sale of forget- me-nots, pens, banners, November 1, 1970 - January 1, 1971. Mater Del YIigh School, chocolate bar sale, September 30 - October 6, 1970. Orangewood Acader~xy, candy sale, September 21 - October 5, 1970. PUBLIC PROPERTY USE On motion of Councilman YIerrin, seconded by Councilman Patterson and unanimously carried, the following Applications for Special License to Use Pubhc Property were approved: Combined Veterans Organizations of Orange County, Veterans Day Parade, Sunday, November 8, 1970, Main Street from Fashion Square to 2nd and Main Streets. Larry Reed, Westminster Foursquare Church, open air preaching, 7:00 P.M. - 10:00 P.M., Tuesdays and Thursdays, 4th and French Streets. COMPLAINT Council considered petition containing approximately 33 signatures regarding an alleged "fraternity house" at 924 N. Lowell Street and report from staff on the verbal complaint by a citizen at the September 8 Council meeting on the same matter. Janice Boer, 912 N. Lowell, Mrs. Beck, 1002 N. Lowell, Wilma Keenan, 925 iN. Lowell, and Ruth Gavett, 907 Iq. Lowell, spoke, complaining about the loud noise and music emanating from the house at all hours of the night, gangs in the street, cars blocking the street, young persons on the neighbors' property, and parties every weekend. Councilman Herrin explained that he had talked to the owner of the house in question and she had assured him that if the occupants of the house were disturbing the peace of the neighborhood, she would cancel the lease immediately if Council directed a letter to her containing proof of the alleged complaints. Donald Guarnieri, one of the tenants of the house under discussion, stated thai there was no dope use in the house; most of the problems the neighbors were complaining about were caused by party crashers; and that they had tried to be on friendly terms with the neighboring residents. The City Manager explained that the Police Department had responded to a number of complaints about the noise at this address. After further discussion, it was moved by Councilman Patterson, seconded by Councilman Villa and unanimously carried, that the staff recommendations be implemented -- police enforcement of the noise problem, prompt notification of the Police Department when specific violations occur, and that staff be directed to contact both the owner and the occupants to advise them of the complaints and request their cooperation. CITY COUNCIL -270- September 21, 1970 RECESS members present. At 4:20 P. M., a five minute recess was declared. The Council reconvened at 4:30 P.M., with all Council TENTATIVE TRACT 7287 Tentative Tract Map 7287, filed by National Land Development Co., creating forty-six (46) lots, 15 R 1 and 31 R 2, located southwest of intersection of Fairhaven and Grand, was approved subject to conditions in Planning Director's report dated September 14, 1970, on motion of Councilman Iterrin, seconded by Councilman Yamamoto and unanimously carried. SURPLUS BUILDINGS Council considered the following listed Surplus Property Reports: Surplus Property Report 70-23 regarding two single family residences at 1117 W. First Street. Surplus Property Report 70-24 regarding building at 1047 W. First. Surplus Property Report 70-27 regarding building at 911 W. First. Surplus Property Report 70-29 regarding buildings at 801, 807 and 809 W. First. Surplus Property Report 70-30 regarding building at 701- 703 W. First. Surplus Property Report 70-26 regarding residence at 1005W. First. Surplus Property Report 70-31 regarding buildings at 613 - 617 West First and 107-109 N. Parton. On motion of Councilman Patterson, seconded by Councilman Villa, Council declared the buildings surplus and authorized demolition, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Villa, Yamamoto, Griset Markel N one SURPLUS BUILDINGS After considering Surplus Property SPR 70-22, SPR 70-25 Report 70-22 regarding residence at 1121 W. First, on motion of Councilman Herrin, seconded by Councilman Patterson, Council declared the building surplus and authorized sale within 30 days or demolish, on the following roll call vote: AYES: NOES: ABSEN T: Herrin, Evans, Patterson, Villa, Yamamoto, Griset Markel N one After considering Surplus Property Report 70-25 regarding building at 1045 W. First, om motion of Councilman Herrin, seconded by Councilman Patterson, Council declared the building surplus and authorized sale within 30 days or demolish, on the following roll call vote: AYES: NOES: ABSEN T: Herrin, Evans, Patterson, Villa, Yarnaraoto, Griset Markel N one CITY COUNCIL -271- September 21, 1970 SURPLUS BUILDING After considering Surplus Property SPR 70-28 Report 70-28 regarding residence at 909 W. First, on motion of Council- man Herrin, seconded by Councilman Patterson, Council declared the building surplus and authorized sale at public auction, on the following roll call vote: AYES: Herrin, Evans, Patterson, Villa, Yamamoto, Griset NOES: Markel ABSENT: None DEEDS, NO CASH On motion of Councilman Herrin, GRANTEE, CITY seconded by Councilman Patterson and unanimously carried, Council ordered filed the report of No Cash Deeds accepted by the City Manager, pursuant to Resolution No. 69-156, from September 3, 1970 through September 16, 1970. DEEDS, NO CASH GRANTOR, CITY by the Mayor and Clerk be authorized: It was moved by Councilman Herrin, seconded by Councilman Patterson, that execution of the following Deeds Rodeffer, et al, east 20'/Pullman, Garry to Deere, excess street; Rodeffer, et al, Pullman, Alton to Garry, excess street. The motion was carried on the following roll call vote: A YES: NOES: A BS EN T: Herrin, Evans, Markel0 Patterson, Villa, Yamamoto, Griset None N one HUMAN RELATIONS COMMISSION It was moved by Councilman RESOLUTION 70-3 Patterson, seeonded by Councilman Villa and carried, with Councilman Markel dissenting, thai Resolution 70-3 of the Human Relations Commission, recommending that the City establish an Affirmative Action Program, providing for non-discrimination in the employment practices of contractors who furnish goods or services to the City, be referred to staff for study in order to determine what is being done under Affirmative Action Programs in other cities and in the Santa Ana School District. In addition the City Attorney was instructed to prepare a resolution which would indicate the Council policy as generally favoring an Affirmative Action Program. Prior to the motion, Chairman Galal Gough and Mr. Norman Corbin, of the Human Relations Commission, described the intent of the Resolution as seeking ~o relieve the burden of unemployment suffered by minorities by providing incentiv to City contractors and suppliers for their employment. Chairman Gough expounded on and referred to his letter to the Councilmen dated September 18, 197( regarding the Resolution and unemployment conditions in Santa Aha. He also prop that a serious study of Affirmative Action Programs be undertaken. ed CITY COUNCIL -272- September 21, 1970 HUMAN RELATIONS COMMISSION RESOLUTION 70--3 - (Continued) Mr. Jesse Berry, member of the Santa Ana Unified School District, also spoke in favor of the proposed Affirmative Action Program, stating that the School Board had responded favorably to a similar request presented to it by the NAACP, which resulted in the formation of an Affirmative Action Committee. He urged consideration of a City Committee to advise and make recommendations to the Council on Affirmative Action Programs. Mr. Clifford Frazier, 2049 South Halladay Street, opposed the Human Relations Commission Resolution stating that there was nothing pertaining to human relations that is the Council's responsibility; that its responsibility is to protect the people, not to house them, nor feed them, nor wet-nurse them. Mrs. Janice Boer objected to the Council's "myopic" concern with minorities and suggested that it should become more concerned with "anglos". She also stated that the 1964 Civil Bights Act prohibits the use of any employment quota system and suggested that the City Attorney verify this. Mr. Richard Petheridge stated that the Council has a responsibility to spend pubhc funds in such a way that the entire community would benefit; and that an Affirmative Action Program would help to serve that purpose. A motion by Councilman Patterson, seconded by Councilman Villa, to instruct the staff to maintain a record of time spent with Mrs. ~oer in the offices and on the telephone, failed on the following roll call vote: AYES: NOES: ABSENT: Patterson, Villa, Yamamoto Herrin, Evans, Markel, Griset N one SHOWMOBILE On motion of Councilman Herrin, seconded by Councilman Yamamoto and unanimously carried, the staff report recommending amendment to Resolution 70-41 regarding miscellaneous fees, to include fees for use of City-owned Showmobile, was approved. REIMBURSE1VIENT On motion of Councilman Herrin, seconded by Coumilman Evans and unanimously carried, Council authorized reimbursement to National Land Development Company for improvements on north side of 17th, Mabury to 200 feet west of Mabury, in the amount of $1,108.12. CITY COUNCIL -273- September 21, 1970 WINDSOR PARK PETITION Council considered the staff report on the petition presented by Windsor Park area residents on September 8. On motion of Councilman Herrin, seconded by Councilman l~atterson and unanimously carried, the report was ordered filed with the recommendation that continued surveillance of the Windsor Park area be encourage d. TOPLESS-BOTTOMLESS Ordinances from the Cities BARS of Long Beach, Garden Grove, and Tustin pertaining to the control of "topless and bottomless" bars were given to the City Attorney after being received and filed on motion of Councilman Herrin, seconded by Councilman Yamamoto and unanimously carried. ORAL COMMUNICATIONS Mr. Clifford Frazier stated that discussion of controversial subjects should be moderated in an impartial manner and both sides should be given equal time. Referring to the Human Relations Commission Resolution 70-3, he stated thai there is no need for the Council to adopt legislation regarding kiring people without discrimination because there is ample legislation in existence; and he requested that the Council reconsider its decision to adopt a Resolution favoring an Affirmative Action Program. Mrs. Janice Boer, 912 North Lowell, presented to the Clerk an affidavit of publication of a Notice of Intent to Circulate an Initiative Petition, published on September 19, 1970, to prohibit the taxation of any public utihty used within the Ciiy. It was received and filed on motion of Council- man Herrin, seconded by Councilman Evans and unanimously carried. RECESS At 6:15 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 Galal Gough of the First United Methodist Church. CITY COUNCIL -274- September 21, 1970 ORD. NS-1042 Council considered second UTILITY USER TAX reading and adoption of ORDINAN CE NS-1042 PROVIDING FOR UTILITY USER TAX UPON THE USE OF ELECTRICITY, GAS, TELEPHONE, AND WATER FACILITIES AND SERVICES (deferred from the afternoon Agenda). The Mayor opened the matter for discussion by interested members of the audience. The following spoke in opposition to the adoption of Ordinance NS-1042: James Gilmore, 1405 S. Garnsey, President of the Industrial Development Association of Greater Santa Aha; Charles Paskerian, 2422 N. Fairmont Street; Loran Norton, 1932 Griset Street, representing the Orange County Tax Payers Association; Buford Gibson, 12962 Browning, on behalf of the Santa Aha - Orange - Tustin Board of Realtors; Joe Gilmaker, 308 W. 4th Street; Fredda Sortray, 846 E. Normandy; Cliff Frazier, 2049 S. Halladay; Janice Boer, 912 N. Lowell Street; Archie Howell, 1226 Orange Avenue. Don Christeson, President -Elect of the Chamber of Commerce, speaking for the Board oI Directors of the Chamber, also speaking as a citizen and businessman, spoke in favor of the utility tax. Mayor Griset read aloud his position statement supporting the proposed utility user tax. A motion was made by Councilman Evans, seconded by Cotmcilman YIerrin, to deny adoption of Ordinance NS-1042. Council.men Markel and Herrin explained their opposition to the proposed tax. Councilmen Patterson , Yamamoto and Villa spoke in favor of the utility tax. The motio~ to deny adoption of Ordinance NS-1042 failed to pass on the following r~ll call v'c.te: AYES: NOES: ABSENT: Herrin, Evans, Markel Patterson, Villa, Yamamoto, Griset N one ORDINANCE NS-1042 PROVIDING FOR UTILITY USER TAX UPON THE USE OF FLECTRICITY, GAS, TELEPHONE, AND WATER FACILITIES AND SERVICES v.,'as adopted, on motion of Councilman Patterson, seconded ,..~ r-~..~l~'~--~ xr.'~,. ~**~,' on the following roll call vote: AYES: NOES: ABSEN T: Patterson, Villa, Yamamoto, Griset Herrin, Evans, Markel N one CITY COUNCIL -275- September 21, 1970 RECESS all Council members present. At 9:05 P. M., a five minute recess was declared. The Council reconvened at 9:15 P.M., with PUBLIC HEARING - A.A. 671 Hearing was opened on Amendment FIRST WESTERN BANK & Application 671, filed by First TRUST CO. Western Bank and Trust Company, proposing amendment of Sectional District Map 35-5-10 by rezoning from the R 1 District to the C tt District property located on the west side of Bristol Street between Sunflower Avenue and MacArthur Boulevard. There being no response to the call for testimony, the hearing was closed. On motion of Councilman Herrin, seconded by Councilman Patterson, Amend- ment Application 671 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: ABSEN T: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset N one N one Due to a conflict of interest on the following three public hearings, Councilman Evans left the Council Chambers. AMENDMENT APPLICATIONS City Manager Carl Thornton 664, 665 AND 668 explained that the applicant for O. K. EARL CORPORATION the subject Amendment Applications, Mr. Earl, had requested that the public hearings on these matters be continued until the remainder of the Amendment, Applications in conjunction with the same areas which they have applied for, and which are now under consideration by the Planning Commission, can be set for public hearing, as they would prefer to have all of them come before the Council at one time. tn response to the Mayor's query if continuance of these hearings wonld inconvenience anyone, Harry Blas~ 1512 Windsor Lane, President of Citizens for Fair Zoning, representing the surrounding residents, responded that the residents had no objection, as they would like to have all of the Amendment Applications pertaining to the area considered at one time also. On motion of Councilman Markel, seconded by Co~mcilman Patterson and unanimously carried~ the following public hearings were continued until such time as ~he remainder of the O. K, Earl Corporation Amendmer~t Applications for zone changes in the area are set for public hearing: AMENDMENT APPLICATION 664 - Filed byOoK. Earl C~rporation, proposing amendment of Sectional District M3p 8-5~9~ by rezoning from the R 1 District to the LP District property located on the west side of Tustin Avenue between Seventeenth and Fruit Streets. AMENDMENT APPLICATION 665 ~ Filed by O.K. Earl Corporation~ proposing amendment of Sectional District M~p 8-5-9 by rezoning from the R 1 District to the LP and C 5 Districts property located on the west side of Tustin Avenue between Fruit and Fourth Streets. CITY COUNCIL -276- September 21, 1970 AMENDMENT APPLICATIONS 664,665 AND 668 O.K. EARL CORPORATION - (Continued) AMENDMENT APPLICATION 668 - Filed by O.K. Earl Corporation, proposing amendment of Sectional District Map 8-5-9 by rezoning from the R 1 to the LP and C 5 Districts property located on the north side of First Street between Tustin Avenue and the Santa Ana Freeway. Councilman Evans returned to the Council table. PUBLIC HEARING - APPEAL 243 The Mayor opened the public VA 70-39 - PERSONAL SERVICE hearing on Appeal 243, filed CAR RENTAL, INC. by Personal Service Car Rental, Inc., appealing Condition 5 in the Zoning Administrator's approval of Variance Application 70-39, to rent and lease automobiles from an existing service station site in the R 2 District at 1215 N. Grand Avenue, continued from the September 8 Council meeting. Harry Taylor, 1055 N, Main Street, attorney representing the applicant, explained that Condition 5 of the approval requires that applicant provide a street easement for Grand Avenue and that applicant was leasing the space from Mr. Mason, the Texaco dealer, who in turn was leasing the station from the Texaco Company, who were leasing the property from the land owner, so that applicant was not in a position to provide the easement to the City. Mr. Taylor explained that the applicant would not be able to conduct his business at this site if the condition were enforced. No one spoke in opposition to the appeal. The hearing was closed. It was moved by Councilman Patterson, seconded by Councilman Markel, to grant the appeal and instruct the City Attorney to prepare a resolution granting Variance Application 70-39, subject to conditions in Finding of Fact dated Augllst 10, 1970 except that Condition 5 - provide a street easement for Grand Avenue for a width of 50 feet center line to property line - be deleted from the conditions of approval. The motion was adopted on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset N one N one PUBLIC HEARING The Mayor explained that Arthur .APPEALS 244 AND 245 Neeb, the apphcant for VA 70-29, YA 70-29 - NEEB to permit open storage of trucks, trailers and other related equipment in the tR 2 District, which is an expansion of a legal, non-conforming use, at 2147- 49 S. Sycamore, approved by Planning Commission on August 24, 1970, and who filed Appeal No. 244, appealing certain conditions in the approval, had requested ~ centinuance to October 19. Everett G. Jones, who filed Appeal No. 245, appealing the granting of VA 70-29, stated that he would be wi!!tng to baize the public hearing continued to October 19. On motion of Councihnan Patterson, seconded by Councilman Herrin and unanimously carried, the public hearing on Appeals 244 and 245 was continued to October 19, 1970. CITY COLrNCIL -277- September 21, 1970 PUBLIC HEARING Hearing was opened on Appeal APPEAL 246 - CUP 70-6 No. 246, filed by Santacrown SANTACROWN PROPERTIES Properties, appealing Condition 7 in Planning Commission's approval of CUP 70-6, to utilize an existing building for the manufacture and retail sales of furniture in the M 1 District at 3731 W. Warner. A1 Skluth, 1180 S. Beverly Drive, Los Angeles, representing the applicant, explained that, upon investigation, it was learned that the developer of the tract had put up a bond and signed an agreement which would take care of Conditions 7, 8 and 9 outlined in Planning Commission's Finding of Fact (street paving, curb and gutter, sidewalk, ornamental street lights, street trees). The Public Works Director confirmed Mr. Skluth's statement and recommended deletion of Conditions 7, 8 and 9. No one spoke in opposition to the appeal. The hearing was closed. On motion of Councilman Patterson, seconded by Councilman Herrin, the appeal was granted and the City Attorney was instructed to prepare a resolution granting Conditional Use Permit 70-6 subject to conditions in Finding of Fact dated August 24, 1970 except that Conditions 7, 8 and 9 be deleted, on the following roll call vote: AYES: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset NOES: N one ABSENT: None ORD. NS-1040 - OFF-PREMISE Council considered adoption of ADVERTISING SIGNS ORDINAN CE N S-1040 AMEN DING THE SANTA ANA MD-NICIPAL 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, 919 N. Olive, representing L. I. S. A., spoke on behalf of her organization, requesting that if the proposed ordinance did not so provide, it should be amended to restrict billboards in commercial areas, restrict animated, blinking, flashing billboards in commercial areas, limit painted bulletins, and provide regulations for maintenance of roof signs until they are removed from the business district. Joe Gilmaker, 308 West 4th Street, spoke in favor of maintaining billboard signs in the downtown area. Bob Reid, of Foster and Kleiser, spoke in favor of the proposed ordinance and explained that any time a maintenance problem arises on one of their signs, they will take care of it immediately. 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 adopted, on motion of Councilman Herrin, seconded by Councilman Patterson, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Villa, N one None Yamamoto, Griset CITY COUNCIL -278- September 21, 1970 RECESS all Council members present. At 10:17 P. M., a five minute recess was declared. The Council reconvened at 10:27 P. M., with SALARIES RES. 7O-87 The City Manager explained his report regarding proposed salary increases for the City employees. Cliff Frazier, 2049 S. Hallad~y and Loran Norton, 1932 Griset, opposed the proposed salary increases for the City employees. Victor Rexroade, 16116 Shasta; Richard Greenwell, President of the Employees Association; and Jim Hagge, Chairman of the Board of Directors of the Employees Association, spoke in favor of granting the proposed salary increases to the City employees. RESOLUTION 70-87 AMENDING SECTIONS 2, 3 AND 3.1 OF RESOLUTION NO.. 58-281 was adopted, on motion of Councilman Patterson, seconded by Cotmcil- man Villa, on the following roll call vote: AYES: Evans, Patterson, Villa, Yamamoto, Griset NOES: Herrin, Markel ABSENT: None ORAL COMMUNICATIONS ASSESSMENT DISTRICT 236 Joe Gilmaker, 308 West 4th Street, asked Council if some discrepancies he had noticed in the improvement of 4th Street could be rectified. On motion of Councilman Patterson, seconded by Councilman Villa and unanimously carried, the matter was referred to staff for report to Mr. Gilmaker. In response to a query from Councilman Markel regarding his suggestion to shift the street lighting so that it would not be necessary to make modifications in the basements of several buildings on Fourth Street, the Public Works Director responded that Councilman Markel's suggestion had been implemented. The Public Works Director also explained that discussions were being held with the City Center Association regarding the maintenance of the improvement district on Fourth Street and that a recommendation regarding the maintenance would be forthcoming very soon. AUDITOR failed for lack of a second. Councilman Markel's motion to engage another auditor firm to audit the City's accounts ADJOURNMENT At 11:30 P. M., there being no further business to come before the City Council, on motion of Councilman Patterson, seconded by Councilman Herrin and ananimously carried, the meeting was adjourned to Tuesday, September 29, 1970, at 3:00 P. M. , in the City I-Iall Annex, 500 West Sixth Street, for joint meeting of the City Council and the Plarming Commission for presentation of the Lafer Critique on the General Plan. CITY COUNCIL -~'lorence I. Malone' Clerk of the Council -279- September 21, 1970