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HomeMy WebLinkAbout10-19-1970MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA October 19, 1970 The meeting was called to order at 2:13 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, Assistant City Attorney James Withers, Assistant Director of Public Works John Stevens, Senior Planner Charles Zimmerman, 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 Adjourned Regular Meeting of September 29, 1970 and the Regular Meeting of October 5, 1970 were approved as submitted. EXECUTIVE SESSION At 2:22 P.M., the City Council adjourned to Executive Session for approximately 15 minutes to consider appointment to Bowers Museum Board. The Council reconvened at 2:47 P.M. with all Councilmen present. Mayor Griset stated that Council had not reached a decision and that an executive session would be held on November 2 for further consideration. PROJECT 6018 (PHASE II) On motion of Councilman Villa, SANTA ANITA PARK seconded by Councilman Patterson and unanimously carried, Council ordered filed report of bids received for Project 6018 (Phase II), Con- struction of Santa Anita Park; awarded contract to the low bidder, Gordon G. Montgomery Construction, Inc, j with the deductive alternate of furnishing and installing plant materials; and rejected all other bids. SPEC~ 641-206 It was moved by Councilman Herrin, TWO STREET SWEEPERS seconded by Councilman Yamamoto, to order filed report of bids received for Spec. 641-206, Two Street Sweepers; award contract to the only bidder meeting the specifications, Dearth Machinery Company, and reject all other bids. CITY COUNCIL -293 - October 19, 1970 Mr. Donaher, of A.M. Donaher & Sons, Inc., one of the bidders, and Warren Hazard, with Dearth Machinery Company, both spoke on behalf of their company's bids. Councilman Yamamoto withdrew his second to the motion, and Councilman Patterson then seconded the motion. The motion was adopted on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Villa, Griset Markel, Yamamoto None PROJECT 1276 A - REMODEL On motion of Councilman Patterson, BUILDING AT 1135 W. 1ST seconded by Councilman Villa, Council ordered filed report of bids received for Project 1276 A, Remodel Building at 1135 West First Street; awarded contract to the low bidder, William J. Buckley & Associates; and rejected all other bids on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Markel None Villa, Yamamoto, Griset Councilman Markel stated his objections to the inadequacy of the parking spaces on subject property. BID CALL On motion of Councilman Herrin, seconded by Councilman Markel and unanimously carried, Council approved plans and specifications and authorized advertising for bids for Spec. 641-202, One Tractor and Backhoe and Front End Loader, opening Novembe ~r 5. READING WAIVED On motion of Councilman Herrin, seconded by Councilman Yamamoto and unanimously carried, the full reading of ordinances and resolutions, the titles of which appeared on the public Agenda, was waived. ORD. NS-1044 ORDINANCE NS-1044 AMENDING HOLIDAYS ARTICLE VI OF CHAPTER 9 OF THE SANTA ANA MUNICIPAL CODE BY AMENDING SECTION 9-135 THEREOF PERTAINING TO HOLIDAYS 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 None None CITY COUNCIL -294- October 19, 1970 ORD. NS-1045 - A.A 671 ORDINANCE NS-1045 CHANGING FIRST WESTERN BANK DISTRICT CLASSIFICATION ON & TRUST CO. AMENDMENT APPLICATION 671 FILED BY FIRST WESTERN BANK & TRUST COMPANY AND AMENDING SECTIONAL DISTRICT MAP 35-5-10 (EXHIBIT AA 671 A) (west side of Bristol between Sunflower and MacArthur) was adopted, on motion of Councilman Herrin, seconded by Councilman Evans, on the following roll call vote: AYES: NOE S: ABSENT: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset None None ORD. NS-1046 - A.A. 672 ORDINANCE NS-1046 CHANGING NATIONAL LAND DEVELOPMENT DISTRICT CLASSIFICATION ON CO. AMENDMENT APPLICATION 672 FILED BY NATIONAL LAND DEVELOPMENT COMPANY AND AMENDING SECTIONAL DISTRICT MAP 6~-5-9 (EXHIBIT A.A. 672-A) (southwest corner of Fairhaven and Grand) was passed to second reading, on motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried. ORD. NS-1047 It was moved by Councilman OBNOXIOUS CONDUCT Markel, seconded by Councilman Yamamoto, to defer considera- tion of ORDINANCE NS-1047 PROHIBITING CERTAIN OBNOXIOUS CONDUCT to the evening session. The motion failed to pass on the following roll call vote: AYES: NOES: ABSENT: Markel, Yamamoto Herrin, Evans, Patterson, Villa, Griset None It was moved by Councilman Herrin, seconded by Councilman Evans, to pass Ordinance NS-1047 to second reading. Councilman Villa made a motion, seconded by Councilman Patterson, to amend the prei~ious motion, tO pass Ordinance NS~1047 ta'.second reading with the deletion of Sec. 12.3. The amended motion failed to pass on the following roll call vote: AYES: NOES: ABSENT: Patterson, Villa Herrin, Evans, Markel, Yamamoto, Griset None CITY COUNCIL -295 - October 19, 1970 The main motion, to pass ORDINANCE NS-1047 PROHIBITING CERTAIN OBNOXIOUS CONDUCT to second reading passed on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Yamamoto, Griset Patterson, Villa None ORD. NS-1041 - STREET ORDINANCE NS-1041 AMENDING DEDICATION AND IMPROVEMENT THE SANTA ANA MUNICIPAL CODE BY ADDING SECTION 33-47 RELATING TO THE DEDICATION AND IMPROVEMENT OF CITY STREETS was passed to second reading, on motion of Councilman Herrin, seconded by Councilman Patterson and carried. Councilman Evans voted "No". RES. 70-100 RESOLUTION 70-100 AMENDING SHOWMOBILE FEES RESOLUTION 70-41 TO PROVIDE FEES FOR USE OF CITY-OWNED SHOWMOBILE was adopted, on motion of Councilman Evans, seconded by Councilman Yamamoto and unanimously carried. RES. 70-102 - VA 70-41 RESOLUTION 70-102 UPHOLDING STEPHENS THE DECISION OF THE PLANNING COMMISSION AND GRANTING A VARIANCE ON VARIANCE APPLICATION 70-41 FILED BY GENE J. STEPHENS, SUBJECT TO APPLICABLE CONDITIONS was adopted, on motion of Council- man Herrin, seconded by Councilman Evans, on the following roll call vote: AYES: NOES.' ABSENT: Herrin, Evans, Patterson, Villa, Griset Markel, Yamamoto None RES. 70-105 RESOLUTION 70-105 REQUESTING COURT ACTION THAT THE COUNTY OF ORANGE DEFEND THE ACTION FOR THE RECOVERY OF TAXES PAID UNDER PROTEST FILED BY DISABLED AMERICAN VETERANS FOUNDATION OF SANTA ANA, INC., A NON- PROFIT CORPORATION, AGAINST THE COUNTY OF ORANGE AND THE CITY OF SANTA ANA was adopted, on motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried. CHANGE ORDER On motion of Councilman Herrin, seconded by Councilman Villa and unanimously carried, Council approved Change Order No. 1 to contract with Steiny and Company, Inc., Project 5008, Traffic Signals and Lighting at Edinger Avenue and Newhope Street, increasing in the amount of $250. CITY COUNCIL -296- October 19, 1970 CIVIC CENTER MAINTENANCE Execution by the Mayor and Clerk of~ . agreement with County of Orange for maintenance of Civic Center was authorized, on motion of Councilman Villa, seconded by Councilman Patterson and unanimously carried. MANPOWER TRAINING PROGRAM A lease agreement with Department of Human Resources Development and waiver of rental for Manpower Train- ing Program was referred back to staff on motion of Councilman Villa, seconded by Councilman Patterson and unanimously carried. GRADE CROSSING AGREEMENTS On motion of Councilman Patterson, seconded by Councilman Evans and unanimously carried, Council authorized execution by the Mayor and the Clerk of cost and maintenance agreement and right of entry license agreement for improvement of Santa Ana Boulevard with The Atchison, Topeka and Santa Fe Railway Company. RESIGNATION On motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried, Council accepted with regret the resignation of William A. Lowe from the Bowers Museum Board and ordered an expression of appreciation for his many years of service to the City. 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 Adminstrator as action of the City Council on the following: VA 70-50, GRANREAL CORP. - to waive a portion of the required offstreet parking stalls for convalescent home in the C 1 District at 1800 N. Old Tustin - APPROVED; VA 70-51, EQUITY INVESTMENTS CORP. - permit the continued use of a 10' x 20' identification-directional sign for a gal~den apartment complex in the A 1 District at 2901 N. Bristol - DENIED; VA 70-52, EQUITY INVESTMENT CORP. - permit the continued use of two 10' x 20' identification-directional signs for a garden apartment complex in the R 1 District at 521 N. Tustin - DENIED. CITY COUNCIL -297- October 19, 1970 motion of Councilman Patterson, seconded by Councilm~n Villa, Council On adopted the finding of fact, conclusion and decision of the PlSnning Commission action of the City Council for CUP 70-8, BUSINESS INSTITUTE OF ORANGE as COUNTY - to permit an adult business school and associated offices in the M 1 District at 1580 E. Edinger - APPROVED, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Villa, Yamamoto, Griset Markel None TRAFFIC The report of control devices removed or installed September 29, 1970 through October 12, 1970 was ordered filed, on motion of Councilman Plerrin, seconded by Councilman Markel and unanimously carried. ALCOHOLIC BEVERAGE LICENSE On motion of Councilman Herrin, APPLICATIONS seconded by Councilman Patterson and unanimously carried, the City Attorney was directed to file a protest with the Alcoholic Beverage Control Board on the application for Daisy Mae #1, 4524 W. Bolsa, On Sale Beer, Premises Transfer, and the following Applications were ordered filed: Flamingo Inn, 3622 W. 5th, On Sale Beer, Person Transfer; J. Mathews Vintners, 1640 E. Edinger, Beer & Wine Importers, Person Transfer; Brass Rail, 1901 W. 17th, New On Sale Beer; Pizza Man, 222 S. Main, Off Sale Beer & Wine, Person T ran sfe r. Councilman Patterson suggested Ih~at an ordinance be drafted making a conditional use permit for an expanded non-conforming use necessary for any existing bar located within 300 feet of residential or agricultural zoning which desired to add topless entertainment. The matter was referred to the City Attorney, on motion of Councilman Patterson, seconded by Councilman Herrin and unanimously carried. SOLICITATION APPLICATIONS On motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried, Council approved the following Solicitation Applications: Santa Ana-Tustin Community Chest, door to door and mail appeal, October 20 - December 15~ 1970. Girl Scout Council of Orange County, calendar sale, month of November, 1970. CITY COUNCIL -298- October 19, 1970 RECESS pre sent. At 4:17 P. M., a five minute recess was declared. The Council reconvened at 4:25 P. M., with all Council members PARCEL MAP 675 Parcel Map 675, filed by Dunn Properties Corporation, creating four (4) M 1 parcels on the south side of Pendleton between Yale and Otis, was approved subject to conditions in Planning Director's report dated October 8, 1970, on motion of Councilman Herrin, seconded by Councilman Yamamoto and unanimously carried. PARCEL MAP 676 Parcel Map 676, filed byE. Reese Allison, creating two (2) R 1 parcels on the east side of Grand Avenue, 56~ feet north of Seventeenth Street, was approved subject to conditions in Planning Director's report dated October 8, 1970 and alley requiremeht was waived~i on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried. S. P. S.A. No. 39 Specific Plan for Street Alignment No. 39, SHERRY BOULEVARD Sherry Boulevard from Fourth Street to Seventeenth Street, a distance of 4,512 feet, was set for public hearing on November 2, .1970, ,at 7:3~) P.M., in the Council Chambers, City Hall Annex, 500 West Sixth Street, on motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried~ VACANT LOT Council considered the report from staff regarding a letter dated September 22, 1970 from DavidA. Hayes, 501E. Buffalo, concerning condition of a vacant lot on the west side of Valencia Avenue at Buffalo. Acting on the staff recommendation, the City Council agreed that the City would install the street improvements on the condition that the property ownersl in the area acquire the property and dedicate it to the City without cost, on motion of Councilman Patterson, seconded by Councilman Markel and unanimously carried. STREET REIMBURSEMENT POLICY Council considered the report on the street reimbursement policy which Council acted on March 30, 1970. On October 5, Councilman Patterson requested staff to provide Council with this report. It was moved by Councilman Herrin, seconded by Councilman Evans, that the present street reimbursement policy be retained. CITY COUNCIL -299- October 19, 1970 Councilman Patterson stated that he would like to see the policy changed so thai the developer would be required to pay for the street improvements on major streets, as well as on local streets. It was moved by Councilman Patterson, seconded by Councilman Villa, to amend the previous motion to refer the matter to the Planning staff for study and a recommendation. The amended motion, to refer the matter to the Planning staff for study and a recommendation, passed on the following roll call vote: AYES: NOES: ABSENT: Herrin, Patterson, Villa, Yamamoto, Griset Evans, Markel None FINAL MAP, TRACT 6906 Final Tract Map 6906, filed by Levitt and Sons of California, Incorporated, creating 54 lots east of Bristol Street and north of MacArthur Boulevard, was approved, dedications thereon accepted, and execution of subdivision agreement authorized, on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried. FINAL MAP, TRACT 7149 Final Tract Map 7149, filed by Levitt and Sons of California, Incorporated, creating 56 lots east of Bristol Street and north of MacArthur Boulevard, was approved, dedications thereon accepted, and execution of subdivision agreement authorized, on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried. DEEDS, NO CASH On motion of Councilman PIerrin, GRANTOR, CITY seconded by Councilman Patterson and carried, Council authorized execution of deed by the Mayor and Clerk for Orange County Civic Center Authority, 4th to 6th, Ross to Parton, transfer of title of those remaining parcels acquired by City not yet conveyed to the Civic Center Authority. Council- man Markel voted "Not'.. LEASE-BACK AGREEMENT On motion of Councilman Herrin, seconded by Councilman Villa, Council accepted and authorized execution by the Mayor and Clerk of Civic Center Lease Agreement with the Civic Center Authority for the new City Hall, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Villa, Yamamoto, Griset Markel None CITY COUNCIL -300 - October 19. 1970 DEEDS WITH CASH GRANTEE, CITY the Mayor of the following deeds: h was moved by Councilman Herrin, seconded by Councilman Yamamoto, t~, approve and authorize escrows by Pearson, north side of First, west side of Daisy, street purposes. Roberts, north side of First, east of Raitt, street purpose s. Meraz, north side of First, east of Raitt, street purposes. Stewart, north side of First, east of Forest, street purposes. Esperaza, north side of First, east side of Western, street purposes. Kessel, north side of First, east of Forest, street purposes. The motion passed on the following roll call vote: AYES: NOE S: ABSENT: Herrin, Evans, Patterson, Villa, Yamamoto, Griset Markel None DEEDS~ NO CASH Council ordered filed the report of No GRANTEE, CITY Cash Deeds accepted by the City Manager, pursuant to Resolution No. 69-156, from September 30, I970 through October 14, 1970, on motion of Councilman Herrin~ seconded by Councilman Patterson and unanimously carried. 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 Mayor and Clerk for: Western Funding and Development Company, east of Newhope, north of McFadden, SPR 70-18. It was moved by Councilman Herrin, seconded by Councilman Patterson, to approve and authorize execution of escrow by the Mayor and authorize execution of deed by Mayor and Clerk for: Santora Company, north side of First, east side of Main, SPR 70-19. The motion was adopted on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Villa, Yamamoto, Griset Markel None CITY COUNCIL -301- October 19, 1970 DEEDS, NO CASH On motion of Councilman Herrin, GRANTOR, CITY seconded by Councilman Patterson and unanimously carried, Council author- ized execution of the following deeds by the Mayor and Clerk: Various owners, north side of 17th, east of Bristol, vehicular access rights. Various owners, south side of Walnut, west of Daisy, vehicular access rights. Various owners, south side of Warner, east of Greenville, vehicular access rights. PETITION - ORANGE ROAD On motion of Councilman Markel, AND WESTWOOD AVENUE seconded by Councilman Patterson and unanimously carried, Council ratified the action outlined in the staff report on the petition regarding the condition of the property at Orange Road and Westwood Avenue, ordered the petition filed and directed that the signers of the petition be notified of the Council's action. EDGEWOOD ROAD IMPROVEMENTS Council took no action on the staff report on the request for Edgewood Road improvements from Main to Spurgeon, submitted by Mr. Martin Scott, since the matter is being taken care of through voluntary participation of the affected property owners. Councilman Patterson requested that Council be kept advised of progress in this matter. REIMBURSEMENTS reimbursements were authorized: On motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried, the following Christeson Development Company for improvements on east side of Glassell 234 to 690 feet south of Fair- haven; also south side of Fairhaven 242 to 616 feet east of Glassell, $6,282.66. Thomas J. & Virginia M. Grafton, west side of Euclid from 1456 feet to 1569 feet north of McFadden between Barbette and Lucky Way,S2, 429.53. R. J. Noble, north side of First 255 feet to 4~8 feet west of Tustin, $3,495.74. CITY COUNCIL -302 - October 19, 1970 NEW CITY HALL The City Manager explained that bids RES. 70-103 had been opened at 10:00 A.M. this date RES. 70-104 for the City Hall bonds; that three bids had been received; that the low bidder was Merrill Lynch, Pierce, Fenner & Smith, Inc., at the interest rate of 6. 7907%; that the Civic Center Authority had subsequently authorized the awarding of the bonds to the low bidder. He further explained that it has now been computed that the repayment of the principal on the schedule, as outlined by Stone & Youngberg, and the interest, as bid by the low bidder, will require a payment by the City beginning in 1973 of $464,300.00 per year. RESOLUTION 70-103 APPROVING A CERTAIN AMENDMENT TO THE SANTA ANA CITY HALL LEASE was adopted, 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 70-104 RE AWARD OF CONSTRUCTION CONTRACT FOR THE SANTA ANA CITY HALL was adopted, on motion of Councilman Patterson, seconded by Councilman Villa, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Villa, Yamamoto, Markel None Griset PROPOSED CITY OF IRVINE It was moved by Councilman Patterson, seconded by Councilman Evans and unanimously carried, that the City Council petition the Local Agency Formation Commission to continue the consideration of the proposed City of Irvine until after January, 1971 and that the Mayor be authorized to write the letter to the Local Agency Forma- tion Commission indicating the City's position. In response to Councilman Herrin's request, the Mayor stated that a copy of his letter would be pro- vided each Councilman prior to its mailing. RECESS At 5:05 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 Vice Mayor Wade Herrin. PUBLIC HEARING Hearing was opened on Amendment A.A. 673 - NELSON Application 673, filed by Nathan K. Nelson, proposing amendment of Sectional District Map 9-5-10 by rezoning from the R 2 District to the C 2 District property located on the west side of Harbor Boulevard between Hazard Street and Westminster Street. CITY COUNCIL -303 - October 19, 1970 There being no response to the call for testimony, the hearing was closed. On motion of Councilman Herrin, seconded by Councilman Evans, Amendment Application 673 was approved and the City Attorney was instructed to prepare an ordinance to reclassify the property according to Exhibit B, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Villa, Griset Yamamoto None PUBLIC HEARING Hearing was opened on Appeals 244 APPEALS 244 and 245 and 245, both appealing Variance VA 70-29 - NEEB Application 70-29, Arthur E. Neeb, to permit open storage of trucks, trailers and other related equipment in the R 2 District, which is an expan- sion of a legal, non-conforming use, at 2147-49 S, Sycamore, approved by the Planning Commission on August 24, 1970. (a) Appeal 244, filed by Arthur E. Neeb, dba Knipper's Rentals, appealing conditions imposed in Planning Commission's approval of VA 70-29. (b) Appeal 245, filed by Everett G. Jones, 212.6 S. Sycamore, appealing the granting of VA 70-29 by the Planning Commission. Speaking in favor of Appeal 244: Arthur E. Neeb, owner of Knipper's Rentals, 2140 S. Main. Mr. Neeb explained that due to his ~xpmrEied business, he needed the additional space to park equipment; that the matter had been heard several times before the Planning Commission and that additional conditions were imposed at each Planning Commission hearing; that he was appealing Condition 2 (that lots 23 and 24, which front on Sycamore Street, be completely enclosed along Anahurst Place~ Sycamore Street and the northerly proper~y line of lot 24 by a masonry wall 8 feet in height except at the northeast corner of Sycamore Street and Anahurst Place), Condition 3 (that lots 17 through 22, fronting on Main Street, be surrounded by at least a 6 foot high block wall or solid fence with solid gates, exeept at the northwest corner of Main Street and Anahurst Place), and Condition: 5 (that any storage shall not be more than 8 feet above ground level on lots 23 and 24 immediately adjacent to Main Street).. George Tobias, 17375 Brookhurst, Fountain Valley, attorney representing Mr. Neeb. Mr. Tobias stated that the ~ foot wall coming back the full depth was unnecessary; that closing off Mr. Neeb's Main Street frontage was an odd requirement; and that they objected to the Planning Commission's telling Mr. Neeb where to place his equipment. He fur~mer stated that they felt Mr. Neeb was doing his best to upgrade the area and that his proposed plans as shown on his renderings were very compatible with the surrounding area. CITY COUNCIL -304 - October 19, 1970 Speaking in opposition to Appeal 244 and in favor of Appeal 245: Everett Jones, 2126 S. Sycamore; Mr. Moore, 2147 S. Broadway; Mrs. Giles, 2146 S. Sycamore; Hortencia Estrada, 2140 S. Sycamore; Cecil Newton, 2123 S. Sycamore. They presented the following objections to the granting of Variance Application 70-29: trucks and heavy equipment in the residential streets would be hazardous to the children in the neighborhood; noise and dirt because of the construction equipment being stored; unsightliness; parked trucks on the street, making a blind corner of the intersection; commercial business in a residential neighborhood. The hearing was closed. The Senior Planner explained the conditions imposed on the variance; stated that the staff had recommended denial; and suggested that if Council approved the variance, an additional condition be imposed that no operation be allowed on Sundays and during certain hours. After discussion, it was moved by Councilman Yamamoto, seconded by Councilman Evans, to overrule the decision of the Planning Commission and instrucl the City Attorney to prepare a resolution denying Variance Applica- tion 70-29. The motion was passed on the following roll call vote: ANES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Griset None None Villa, Yamamoto, RECESS members present. At 8:50 P.M., a five minute recess was declared. The Council recon- vened at 9:02 P. M., with all Council UTILITY USER TAX James Gilmore, 1405 S. Garnsey, President of the Industrial Development Association of Greater Santa Aha, speak- ing on behalf of that association, also on behalf on the Santa Ana- Orange - Tustin Board of Realtors, the South Main Improvement Association, and the Apartment House Owners Association, requested that the City Council immediately repeal Ordinance NS-1042 imposing a utility user tax. Mr. Gilmore stated that the imposition of the utility user tax at this time presented a serious threat to the economic stability of the community, He explained that his association was willing to initiate or participate in community-wide efforts for another means of financing capital improvements, such as a bond issue, if Council repealed the ordinance. CITY COUNCIL -305 - October 19, 1970 Sanice Boer, 912 N. Lowell, President of the Property Owners Protective League, speaking on behalf of that organization, stated that her organiza- tion was in total agreement with Mr. Gilmore's presentation. Mrs. Boer stated that the ordinance was unenforceable. She stated that her organi- zation would work with the Council to solve the problem. Bryn Evans, President of the Santa Ana Chamber of Commerce, spoke on · behalf of the Chamber. He explained the Chamber's goals; that the Chamber believed in long term financing for capital improvements; that it had actively participated in the adoption of the Master Plan and had actively supported the bond issues when they were placed on the ballot. He stated that the Chamber, s position was the same now as set forth in its resolution presented to the Council on August 8 -- that the utility user tax ordinance be adopted for a temporary period, which had been done by the Council; that if it could be for a shorter period of tithe that would be fine; and that the Chamber would support such action if it were preceded by the adoption of a sound program for financing capital improvements. A motion was made by Councilman Patterson, seconded by Councilman Villa, that Council instruct the staff to gather data regarding a ~al~al improvements program and a bond election program at the earliest possible time, that the City Council authorize the Mayor to appoint a blue ribbon committee to review the capital improvements needs of our City and propose capital improvements that shall be financed by a bond issue, and, further, that upon the successful passage of the bond issue, the utility user tax ordinance be repealed. A discussion e;nsued during which the Councilmen expressed their views -- Councilman Herrin felt it would be better to rescind the utility user tax and make a strong effort to pass a bond issue, considering only those ffiems which a majority of the citizens would agree were important and necessary; Counciil- man Evans felt that Council should repeal the utility user tax ordinance; Councilman Markel agreed with Councilman Evans! 'statement and further added that every Councilman would get out and make an attempt to get a bond issue passed; Councilman Villa expressed the opinion that the City was in need of funds now for the unfunded capital improvements and that the bond issues had failed consistently and that he did not think the citizens would support a bond issue; Councilman Yamamoto felt the utility tax would be paid by all of the citizens, renters and home owners alike, and that with the one year time limit, it was very fair; Councilman Patterson explained his motion was a compromise and he felt it was a good compromise to achieve the goals of ;our City. Janice Boer and James Gilmore again spoke against the tax. The following persons also spoke: Alex Acevido, 306 E. 4th Street, representing Logan area~ residents; Bill Walden, 4413 W. 5th Street; Mr. Moore, 2147 S. Broadway; Wes Vanderpool, 1931 W. Washington. Councilman Patterson's motion was adopted on the following roll call vote: AYES: NOES: ABSENT: Patterson, Villa, Yamamoto, Griset Herrin, Evans, Markel None CITY COUNCIL -306 - October 19, 1970 RECESS present. At 10:20 P.M., a five minute recess was declared. The Council reconvened at 10:38 P.M., with all Council members BUDGET TRANSFERS the following Budget Transfers: On motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried, Council approved From Fund 11-329-111 to Fund 11-322-141, $2,500 (to cover Mutual Aid Acitivities). From Fund 51-532-631 to Fund 51-266-631, $12, 500 (to cover contract award Phase II, Santa Anita Park, Project 601~). MODIFIED CLASS SPECIFICATION On motion of Councilman Patterson, seconded by Councilman Villa and unanimously carried, Council approved the recommendation for Modified Class Specification for Fire Engineer. WEEK OF PRAYER FOR PEACE Councilman Markel explained his position regarding his "No" vote on Resolution 70-91, adopted by Council on September 21, 1970, proclaiming the week of October 18 - 24 as a Week cf Prayer for Peace. He explained that the resolution as submitted was not approved by him because the position extolled the program of the United Nations and almost overlooked any plea or solicitation to the Almighty to give to the world that peace which only He can give; that it was not his purpose to enter into any controversy on the subject of praying for peace; that he needed no introduction to the Prayer for Peace program; and that he attended daily mass at his church and assured the audience that his routine practice included a prayer for peace every day. ORD. NS-1047 Tom Mueller, 5313 W. Kilson, and OBNOXIOUS CONDUCT Anthony Nieto, 10692 Kern, Garden Grove, expressed appreciation to the Council for its action at the afternoon meeting in passing Ordinance NS-1047 to second reading. CITY COUNCIL -307- October 19, 1970 VACA RESIDENCE - FIRST STREET Councilman Markel expressed concern regarding the Vaca family's being allowed to remain on C 1 property with an R 1 occupancy on First Street and felt that this was violating the City's Zoning Code. The Assistant City Attorney explained that the Council had instructed the Attorney's office to resolve the problem faced by the Vaca family and explained the action that had been taken by City Attorney in regard to this matter. ADJOURNMENT meeting adjourned. At lh00 P. M., there being no further business to come before the City Council, the Mayor declared the Florence I. Malone Clerk of the Council CITY COUNCIL -305- October 19, 1970