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HomeMy WebLinkAbout01-04-1971MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA January 4, 1971 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 Herrin, seconded by Councilman Patterson and unanimously carried, the Minutes of the Regular Meeting of December 21, 1970, were approved as submitted. BID CALLS On motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried, Council approved plans and specifications and authorized advertising for bids on the following: 1. Specification 641-225, One Diesel Generator, opening January 22, 1971. (Replacement) Specification 641-226, Z0 Second-hand Gamewell Fire Alarm Boxes, opening February 5, 1971. (Additional) 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. ORDINANCE NS-1062 ORDINANCE NS-1062 CHANGING A/VIENDMENT APPLICAT DN 677 DISTRICT CLASSIFICATION ON AMENDMENT APPLICATION 677 FILED BY FIRST WESTERN BANK CO. AND AMENDING SECTIONAL DISTRICT MAP 36-5-10 (EXHIBIT AA 677 A) was passed to second reading, on motion of Councilman Evans, seconded by Councilman Yamamoto and unanimously carried. CITY COUNCIL . ~1- January 4, 1971 ORDINANCENS-1063 ORDIIq~kNCE NS-1063 CHANGING A/ViENDMENT APPLICATION 676 DISTRICT CLASSIFICATION ON AMENDMENT APPLICATION 676 FILED BY ELVERA A. AND HENRY A. HOLTZ AND AMENDING SECTIONAL DISTRICT MAP 5-5-9 (EXHIBIT AA 676 A) was passed to second reading, on motion of Councilman Evans, seconded by Councilman Yamamoto and unanimously carried. ORDINANCE NS-1061 ORDINANCE--N~1061 AMENDING STREET ALIGNMENT THE SANTA ANA MUNICIPAL CODE BY ADDING SECTION 41-742 RELATING TO SPECIFIC PLANS FOR STREET ALIGNMENT ~vas adopted on motion of Councilman Evans, seconded by Councilman ~amar~ oto on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset None None ORDINANCE NS-1060 ORDINANCE NS-1060 CHANGING WARD BOUNDARY LINES AND ESTABLISHING THE BOUNDARY LINES OF THE WAi{DS OF THE CITY OF SANTA ANA was moved for adoption on motion of Councilman Yamamoto, seconded by Councilman Markel. In the discussion that followed the motion, it was the consensus that further clarification of the procedure followed to establish the ward boundaries was needed. The previous motion was tabled until later in the meeting, on motion of Councilman Herrin, seconded by Councilman Villa and unanimously carried. RES. 71-1 RESOLUTION 71~1 UPHOLDING APPEAL 251, VA 70-54 THE DECISION OF THE PLANNING COMMISSION AND GRANTING A VARIANCE ON VARIANCE APPLICATION 70-54 FILED BY LAND EVOLUTION, INC., SUBJECT TO APPLICABLE CONDITIONS, was unanimously adopted on motion of Councilman Herrin, seconded by Councilman Evans. RES. 71-2 RESOLUTION 71-Z OVERRULING APPEAL 250, VA 70-63 THE DECISION OF THE PLANNING COMMISSION AND GRANTING A VARIANCE ON VARIANCE APPLICATION 70-63 FILED BY LORRAINE B. ELAM, SUBJECT TO APPLICABLE CONDITIONS, was unanimously adopted on motion of Councilman Patterson, seconded by Councilman Herrin. RES. 71-6 RESOLUTION 71-6 APPROVING THE FEDERAL FUNDS APPLICATION OF THE CITY OF SANTA AlXlA FO1{ LAND AND WATER CONSERVATION FUNDS FOR FIRST AND FLOWER STREET DEVELOPMENT PROJECT, was adopted on motion of Councilman Patterson~ seconded by Council- man Evans, with Councilman Herrin dissenting. CITY COUNCIL January 4, 1971 AGREEMENT An agreement between H. and J. H. AND 3. MABURY CO. Mabury Company and the City of Santa Aha with respect to the dedication of a certain parcel of land to be developed and used by the City for recreation and park purposes was approved and its execution was authorized by the Mayor and Clerk, on motion of Councilman Herrin, seconded by Councilman Villa. The motion also authorized the Mayor to execute Exhibit D, Escrow Instructions, and authorized the Mayor and Clerk to execute Exhibit F, Lease Agreement, of the basic agreement. The motion was approved on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Villa, Yamamoto, Griset Markel, Patterson None ORD. NS-1049 ORDINANCE NS-1049 CHANGING AMENDMENT APPLICATION 664 DISTRICT CLASSIFICATION ON AMENDMENT APPLICATION 664 FILED BY O.K. EARL CORPORATION AND AMENDING SECTIONAL DISTRICT MAP 8-5-9 (EXHIBIT AA 664 A) was read by title only, further reading was unanimously waived, and the ordinance was adopted on the following roll cml vo~e~ om motion of Councilman Patterson, seconded by Councilman Villa: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Villa, Yamamoto~ Griset None None The City Attorney reported that Ordinance NS-1049, as adopted at the Regular Council Meeting of December 21, 1970, had contained two non-substantive errors which had subsequently been found and corrected; therefore, it was his recommendation to adopt the ordinance in its corrected form. AGREEMENT A supplemental agreement to a DYER ROAD EASEMENT previous agreement dated November 26, 1969, between the Southern Pacific Transportation Company and the City, providing for a one-year extension of theterms of the initial agreement, was approved and its execution by the Mayor and Clerk was authorized, on the unanimously carried motion of Councilman Herrin, seconded by Councilman Evans. This agreement grants an easement to facilitate the proposed construction of Dyer Road between Flower and Main Streets° CHANGE ORDER Change Order No. 1 to contract with PROJECT 7019 Indust?ia,1 B'diler and Steam Company, Project 7019, Replacement of Gas Fired Hot Water Boiler in Fire Department Headquarters Building, increasing in the amount of $250.00, was unanimously approved on motion of Councilman Herrin, seconded by Councilman Evans. CITY COUNCIL January 4, 1971 RECESS all members present° At 2:45 P. Mo , a five-minute recess was declared° The Council reconvened at 3:00 PoMo, with ORANGE COUNTY The Orange County Criminal CRIMINAL JUSTICE COUNCIL Justice Council Drug Study Strike Force report was received by the Council and was referred to staff for recommendation at the next Council meeting, January 18, on the unanimously carried motion of Councilman Patterson, seconded by Councilman Herrin. ALCOHOLIC BEVERAGE On motion of Councilman Herrin, LICENSE APPLICATIONS seconded by Co-n~ilman Yamamoto and unanimously carried, Council ordered filed the following Alcoholic Beverage License Applications: Hunk 'n Dory, 1471 S. Main Street, On Sale Beer & Wine, Person Transfer; Foodmaker, Inc., 1406 E. 1st Street, On Sale Beer, ' Pe~cs0n Transfer; Les-Sim, Inco, 2638 Glassell St., Off Sale General, New Original; Silver Dollar Saloon, 2132 S. Main, On Sale Beer, Person Transfer. and instructed the City Attorney to file a protest with the Alcoholic Beverage Control Board on the following: Mr. Lee's, 509 S. Harbor Blvd., On Sale Beer, Original Application; Peppermint Lounge, 2345 W° First Street, On-Sale Beer, Person Transfer. SOLICITATION APPLICATION seconded by Councilman Yamamoto: The following Solicitation Application was unanimously approved on motion of Councilman Herrin, Young Men's Christian Association of Santa Ana-Tustin, Personal contact of Y parents and friends for sustaining membership enrollment, February 1 - March 30, 1971° TRAFFIC The report of control devices removed or installed December 16 through December 30, 1970 was ordered filed, on motion of Councilman Herrin, seconded by Councilman Patterson, and unanimously carried. CITY COUNCIL -4- January 4, 1971 vARIANCES AND Council unanimously adopted CONDITIONAL USE PERMIT the findings of fact, conclusions and decisions of the Planning Commission or Zoning Administrator as action of the City Council on the following applications, on motion of Councilman Patterson, seconded by Councilman Villa: VA 70-62, A. FERN HAYS - permit the use of existing dwellings for board and care of ambulatory adults in the R 2 District at 401-21 N. Harper Street - APPROVED; VA 70-72, HARLEN D. LA/VlBERT - to board and train dogs in the C 2 District, at 4131 S. Main Street - APPROVED; VA 70-73, COLDWELL, BANKER & COMPANY - to permit a second freeway-oriented wall sign on an office building in the C 5 District, at 2333 N. Broadway - APPROVED; VA 70-75, ROBERT De ROBERTIS - to permit a proposed plumbing building to be open on two sides in tim M 1 District- APPROVED; CUP 70-10, JEHOVAH'S WITNESS - to construct a church in the R 1 District, at 15Z1 La Bonita - APPROVED. MINOR EXCEPTION 70-12 The Findings of Fact and the Zoning Administrator' s approval of the following was received and flied, on the unanimously carried motion of Councilman Evans, seconded by Councilman Herrin: EX ?0-12, SANTA ANA LUMBER COMPANY - to waive the required wall surrounding an open storage area in the M 1 District, at 1535 S. Trotter Street - APPROVED. SALVATION DELIVERANCE CHURCH The Solicitation Application SOLICITATION APPLICATION of the Salvation Deliverance Church, referred to staff at the meeting of December 21, for further investigation, was unanimously approved on motion of Councilman Patterson, seconded by Councilman Herrin. TENTATIVE PARCEL Tentative Parcel Map 683, filed MAP 683 by A/win V. Dierker, creating three (3) A1 7200 parcels on the north side of Fairhaven Avenue west of Glassell Street, was approved subject to conditions in report dated December 30, 1970, and the alley requirement was waived, on the unanimously carried motion of Councilman Evans, seconded by Councilman Patterson. The motion further instructed the Administrative Staff to go forward with all possible expedition of the determination of the precise location of a major street through the property from the west property llne to Glassell Street, in response to the oral request by Mr. Frank Bueche, 2009 Edinger, representing Mr. Dierker. CITY COUNCIL -5- January 4, 1971 DEEDS, NO CASH Council ordered filed the report GRANTEE, CITY of No Cash Deeds accepted by the City Manager pursuant to Resolution No. 69-156, from December 17, 1970 to December 30, 1970, inclusive, on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried. ORDINANCE NS-1035 A report from the Planning REPORT Director dated December 30, 1970, regarding the application of Ordinance NS-1035, regulating the establishment of on-sale liquor or beer businesses within 300-feet of an Aor R zoned or used property, was received on Councilman Evans motion, seconded by Councilman Patterson and unanimously carried. The motion further instructed the City Attorney to report to the Council regarding the legal feasibility of amending Section 41-683 to require a Conditional Use Permit if a bar which has not previously secured a CUP discontinues the use for a period of 30 days rather than 1Z consecutive months. ORAL COMMUNICATIONS Councilman Ivlarkel discussed the memorandum from the City Manager to the City Council, dated December Z1, 1970, regarding appropriations and expenditures for land acquisitions in First Street widening project° He criticised the high costs of appraisals, land acquisition demolition and severance damages in conjunction with the street widening. Based on his calculations, the City has spent over $1,000,000 in excess of what has been budgeted since 1965-66 and he questioned the source of those monies spent. The City Manager explained that the City's business is based upon the concepts of cash flow which makes available some 4½ - 5 million dollars in unexpended, unencumbered funds; that the items relating to the widening of First Street are brought to the Council individually and staff recommendations are based on sound business practice principles. Councilman Villa asked for a report on the application and effects of the new ordinance regulating adult book stores. Mrs. Janice Boer, 912 E. Lowell, stated that, in her opinion, the ward boundaries had not been established in accordance with the provisions of the City Charter; that the ward system should be abolished or the Charter changed so that every man has the right to run for office; and that 1948 persons gained the privilege of running for Council every two years and 1897 persons lost that privilege as a result of the receZit realignmen, t of ward boundaries. RECESS At 4:55 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 given by the Reverend O. Wilbur Fix of Grand Avenue United Methodist Church. CITY COUNCIL -6- January 4, 1971 COMMENDATIONS The Mayor read aloud and then presented Resolution 71-7 to Mr. Terry Price in recognition of his rescue of the occupant from her burning apartment. A similar Resolution 71-8 commending Stephen Cunningham will be forwarded to Mr. Cunningham, who was not able to be present for the ceremony. PUBLIC HEARING The public hearing on the AMENDMENT TO ZONING CODE proposed amendment to Section 41-611. B of the Zoning Ordinance of the Santa Ana Municipal Code, initiated by the Planning Commission, to require the addition of walls and landscaping surrounding offstreet parking lots in B (Parking Modification) Districts, was opened by the Mayor. Planning Commission Resolution 5949 recommended approval of the proposed amendment, The Clerk reported that no written communications had been received on the matter. There were no proponents or opponents and the Mayor declared the hearing closed. The proposed amendment to Section 41-611. B of the Municipal Code was approved and the City Attorney was instructed to prepare the necessary ordinance on motion of Councilman Herrin, seconded by Councilman Patterson, and carried, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Villa, None None Yamamoto, Gris et PUBLIC HEARING The public hearing to consider AMENDMENT APPLICATION 678 Amendment Application 678, filed by Alwin V. Dierker, to rezone property located north of Fairhaven Avenue, east of the A.T. and S.F. Railroad tracks, south of the Garden Grove Freeway, and west of Glassell Street, from the A 1-7200 to the R 4 and C 5 Districts, was opened by the Mayor. Planning Commission Resolution 5948 recommended approval of the application. The Clerk reported that no written communications had been received° There were no proponents or opponents and the Mayor declared the hearing closed. Amendment Application 678 was approved and the City Attorney was instructed to prepare an ordinance to reclassify the property according to Exhibit A, on motion of Councilman Evans, seconded by Councilman Markel and carried on the following roll call vote: AYES: Herrin, NOES: None ABSENT: None Evans, Markel, Patterson, Villa, Yamamoto, Griset CITY COUNCIL -7- · January 4, 1971 PUBLIC HEARING The public hearing to consider APPEAL 252, EX 70-13 appeal 252, filed by Kenneth L. and Freta M. Edwards, from the Zoning Administrator's denial of Minor Exception 70-13, to allow less than the required distance between a single family residence and a garage in the R 1 District at 1901 South GarnseyStreet, was opened by the Mayor. The Clerk reported that no written communication s had been received on the matter. Proponents: Gerald Orman, 3012 West lqelger Avenue, representing the applicant; John Oatly. Mr. Orman distributed pictures of the subject property to the Council. He stated that the applicant has now sold the home and is presently in escrow; that the addition to the home was built without having obtained a building permit; that this had resulted in the ~zoning violation but ~laat inspections of the addition after it had been constructed indicated it had been built in compllance with the Building Code and the Building Department had approved the addition. Mr. Oatly stated that the neighbors approved of the addition to the home and did not believe it was detrimental to the neighborhood. Members of the City Building staff stated that there was no evidence of an application for a Building Permit having been filed prior to the construction and no evidence of inspections made during the construction; and that the owner was advised that the distance between the buildings did not satisfy the Code requirement when the first inspection was made on the finished structure. There were no opponents and the hearing was closed by the Mayor. Councilman Markel's motion, seconded by Councilman Villa, to grant the appeal and overrule the Zoning Administrator's decision failed to carry on the following roll call vote: AYES: NOES: ABSENT: Markel, Villa Herrin, Evans, Patterson, Yamamoto, Griset None Councilman Patterson's motion, seconded by Councilman Yamamoto, to deny the appeal; uphold the Zoning Administrator's decision; and instruct the City Attorney to prepare the necessary resolution was approved on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Pattersb~%, Yamamoto, Griset Markel, Villa None I{ECESS present. At 8:55 P, lVio, a five minute recess was declared. The Council reconvened at 9:00 P.M., with all members CITY COUNCIL January 4, 1971 PUBLIC HEAi~ING The public hearing to consider APPEAL 253, VA 70-74 the appeal, filed by Township Food Service Company, from the Planning Commission denial of Variance Application ?0-?4, to permit a ?0' high, 400 square foot on-premise sign, to be primarily viewed from the Newport Freeway, in the M 1 District at Zl01 East Edinger Avenue, was opened by the Mayor° The Clerk reported that no written communications had been received. Proponents: Mr. Eugene Passafiume, 1107 East Chapman Avenue, Orange; Mr. Willlam Scott, 3ZZ5 Lacy Street, Los Angeles. The proponents stated that a 70' high' sign is necessary due to the elevation of the Freeway overpass; that the City asthetics will be impmoved because the proposed sign will eliminate two existing unsightly billboards; and that the proposed sign will blend in with future architecture, a restaurant and motel. A drawing of the proposed sign was displayed. It was noted tt~at it did not flash or revolve and was not animated; that it simply advertised the name of the restaurant, Lorenzo's. There were no opponents and the hearing was closed by the Mayor. Councilman Patterson's motion, seconded by Councilman Evans, to deny the appeal; uphold the decision of the Planning Commission; and to instruct the City Attorney to prepare the necessary resolution, carried on the following roll call vote: AYES: Evans, Markel, Patterson, Yamarnoto, Griset NOES: Herrin, Villa ABSENT: None RES. 71-7 RESOLUTION 71-7 OF THE CITY OF SANTA ANA COMMENDING TERRY PRICE FOR AN ACT OF HEROISM, was adopted by title only and further reading was waived on the unanimously approved motion of Councilman Herrin, seconded by Councilman Evans. RES. 71-8 RESOLUTION 71-8 OF THE CITY OF SANTA ANA C Olvi/vIENDING STEPHEN CUNNINGHAlvi FOR AN ACT OF HEROISM, was adopted by title only and further reading was waived on the unanimously approved motion of Council- man Herrin, seconded by Councilman Evans. CITY COUNCIL January 4, 1971 RES. 71-4 RESOLUTION 71-4 AMENDING PLAN EXAMINER SECTION 3 OF RESOLUTION NO. 58-281 TO REVISE SALARY ALLOCATION OF PLAN EXAlV[INER and the Plan Examiner Classification description were unanimously approved on motion of Councilman Patterson, seconded by Councilman Villa. RES. 71-5 RESOLUTLON 71-5 A-~ENDING SUPERVISOR OF INSPECTIONS SECTION 3 OF RESOLUTION NO. 58-281 TO ADD CLASS TITLE OF SUPERVISOR OF INSPE]CTIONS and the Supervisor of Inspections Classification description were unanimously approved on motion of Councilman Patterson, seconded by Councilman Villa. * ORD. NS-1060 CoUncilman Yamamoto's motion, WARD BOUNDARY LINES seconded by CoUncilman Markel, REMOVED FROM TABLE to adopt Ordinance NS-1060, tabled earlier in the meeting (refer to page Z)~~ was removed from the table and discussion was had on the motion. Councilman Evans asked the City Attorney for a legal interpretation of Section 101.2 which describes the circumstances governing ward boundary changes and whether or not any ward boundary could be legally altered if it did not vary more than 10% in voter registration from any other ward, The City Attorney responded that it is a matter of interpretation; that a 10 percent variation in one ward necessitating adjustment could affect every other ward boundary, thereby changing them all; and that. in his opinion, it would be legally correct under the provisions of the Charter. Mrs. Janice Boer, 912 E. Lowell, stated that the Charter provides that the only ward boundary which shall be changed is the one wherein more than 10 percent voter registration difference is present; and that the other boundaries should not be altered because of the considerable number of voters that could then be relocated in a different ward. It was the consensus of the Council that the realignment of the ward boundaries should be accomplished with the minimum transfer of voters from their present ward to another. The motion to approve Ordinance NS-1060 carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Markel, Patterson, Villa, Yamamoto, Griset Evans None Councilman Evans' motion, seconded by Councilman Patterson, to refer Section 101. Z of the City Charter to the City Attorney and City Manager to draft a policy recommendation for the Council's consideration which would, in the future, govern the staff in its procedure for realignment of the ward boundaries CITY COUNCIL - aI0- January 4, 1971 * This Minute entry was amended. See Council Minutes for January 18, 1971 ORD. NS-1060 WAleD BOUNDARY LINES REMOVED FROM TABLE - (Continued) according to the Council's determination: (1) that realignment of ward boundaries shall be accomplished only in a ward which has over 10 percent more registered voters than any other ward; (2) that County precincts shall remadn 'intact: within a single ward; and that,otherwise,wards shall not be realigned except as would be mandatory to £ulfilling the requirements of (1) and (2). ADJOURNMENT The meeting was adjourned at 10:30 P.M., on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried. Florence I. Malone Clerk of the Council CITY COUNCIL January 4, 1971