HomeMy WebLinkAbout03-01-1971MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA A/WA, CALIFORNIA
March 1, 1971
The meeting was called to order at 2:05 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. OgdenMarkel, JerryM.
Patterson, Ray Villa, Harry K. Yamamoto, and Mayor Lorin Griset. Also
present were City/~anage~r (Uar]~J.,LThbf~ton~,City Attorney William L. Mock,
Assistant City Attorney James Ao Withers, Director of Public Works Ronald
Wolford, Director of Planning Herbert Wieland, Director of Personnel Donald
E. Bott, and Clerk of the Council Florence L]Malone.
MINUTES The Minutes of the Regular Meeting
of February 16, 1971 and the Special
Meeting of February 22, 1971 were
approved as submitted, on motion of Councilman Villa, §econded by Councilman
Evans, and unanimously carried.
DE MOLAY CIVIC DAY Mayor~ ~r~ spoke briefly in
RECOGNITION recognition of DeMolay Civic Day,
and requested Councilman Patterson's
comments on the luncheon which was attended by Councilmen Patterson, Evans,
Markel, and Yamamoto, and members of the Administrative Staff. Councilman
Patterson expressed appreciation for the luncheon whfch was prepared by mothers
of the DeMolay, and stated that following the luncheon, DeMolay members were
introduced to their City Staff counterparts and then conducted a tour of their ])~ilklingj,
including the ritual chamber. Mr. Tom Pevehouse, a Freshman at Long Beach
State College majoring in Mechanical Engineering, was present in the audience and
gave an outline of the program for the annual DeMolay Civic Day held by the Santa
Aha Chapter of DeMolay for the purpose of becoming better acquainted with their
City government and City officials°
LETTER OF RESIGNATION Mayor Griset congratulated City
WILLIAM L. MOCK Attorney William L. Mock on his recent
appointment by Governor Reagan as
Judge of the Municipal Court, and expressed the Council's regrets at losing his
services to the City of Santa Ana. Councilman Patterson's motion, seconded by
Councilman Yamamoto, to accept, with regret, the resignation of William L.
Mock as City Attorney, effective March 5, 1971, was unanimously carried.
CITY COUNCIL
-68- Marchl, 1971
EXECUTIVE SESSION At Z:15 P. M., the meeting was
adjourned to an Executive Session
to consider the resignation of
City Attorney William L. Mock, and a possible appointment to the Freeway
Committee to fill a vacancy caused by the resignation of one of its members.
The meeting reconvened at 3:35 P.M., with all Council members presel~t.
Councilman Markel asked that DeMotay member Mike Cosgrove, who attended
the luncheon at noon and was present in the audience, be recognized. Mr. ,
Cosgrove spoke briefly, congratulating his counterpart, City Attorney William
L. Mock.
RECRUITMENT OF The Mayor reported that the Executive
CITY ATTORNEY Session dealt with the procedure in
regard to hiring a replacement for City
Attorney William L. Mock. Director of Personnel Donald E. Bott submitted a
letter setting forth possible procedures. The Council was not unanimous in their
feeling about the procedure to follow. Councilmen Evans and Herrin felt that the
position should be filled from within the City if possible. Motion of Councilman
Herrin, seconded by Councilman Evans, to name Mr. James A. Withers as
Acting City Attorney, was unanimously carried.
Motion was made by Councilman Patterson to authorize the Staff to recruit for
the position of City Attorney in accordance with the procedure agreed upon, whereby
the City Council will name two attorneys to work with the Director of Personnel in
screening applications to approximately ten attorneys; then the Qualifications
Appraisal Interview Board, to be comprised of a leading City Attorney from a large
municipality, the County Counsel, and an attorney in private practice (preferably
the head of a major law firm), will screen that number to 3 - 5 attorneys, who in
turn will be interviewed by the City Council for final selection. Motion was seconded
by Councilman Villa, and carried on a 5 - 2 vote, Councilmen Herrin and Evans
voting NO.
AGENDA ORDER Councilman Patterson' s motion,
seconded by Councilman Markel,
to consider Agenda Items 20, 21, and
41 next, in that order, was unanimously carried.
RES. 71-21
HELEN J. PETERSON
AND DENYING APPEAL ON APPEAL
APPLICATION 257 FILED BY HELEN J. PETERSON was unanimously deferred to
the meeting of April 5, 1971, on motion of Councilman Villa, seconded by Councilman
Herrin, on request of Mr. Roger Howell of Rutan & Tucker, Attorneys, 401 Civic
Center Drive West, who was present to represent the applicant. He stated that his
office was just recently contacted by Mr. Peterson and that he had not had an
opportunity to study the file in the depth justified.
RESOLUTION 71-21 AFFIRMING THE
DECISION OF THE ZONING ADMINISTRATOR;
CITy COUNCIL
-69- Marchl, 1971
RES. 71-22 RESOLUTION 71-2Z AFFIRMING
ESTON A, ROSE THE DECISION OF THE ZONING
ADMINISTRATOR AND DENYING
APPEAL ON APPEAL APPLICATION 255 FILED BY ESTON A. ROSE was
deferred to the meeting of April 5, 1971, on motion of Councilman I-Ierrin, seconded
by Councilman Evans, with Councilman Yamamoto dissenting. Mr. Dale Heinly,
attorney, was present to represent the applicant. He stated that Mr. Rose's
purpose is to maintain the stables until development of the trailer park begins. Mr.
Russell Jay, 1590 Palm Lane, Apt. #1, Anaheim, one of the lessees of the
property on which the trailer park will be constructed, spoke in favor of the
appeal. He stated that there was no objection to the stables remaining until
construction begins, which they anticipate will be in one year to 18 months.
DRAINAGE - S.W. CORNER, Mr. James Eo Noe, 2440 North
FAIRHAVEN AND OLD GRAND AVENUES Grand Avenue~ requested that the
Council consider the drainage
problem he anticipates will be created in front of his property due to tra6~'
developments in the neighborhood. He stated that Old Grand Avenue should be
lowered from 18 to Z0 inches in order to prevent run-off from the new tracts into
his front yard and driveway. There was considerable discussion by the City
Council~ the City IVlanager, and the Director ~bf Public Works concerning future
grading of Old Grand Avenue, percentage of drainage expected to flow past Mr.
Noe's property, and the fact that the City designs its streets as water carriers
with sui~stltut~ means of carrying it off in case of severe storms. Mr. Noe stated
he was satisfied with the explanations presented by the Staff, and no action was
taken by the Council.
SPECIAL ELECTION BOND With unanimous consent of the Council,
ISSUES Agenda Item 53 was considered next.
Mr. Marvin Olson~ 3010 W. Wilson,
Santa Ana, was recognized and quest%~ed the wording contained in paragraph 4
of the Statement in Compliance with Elections Code Sections 5300 to 5304. The
City Manager clarified the intent of the Statement by saying that no property tax
rate increase is contemplated because the principal and interest on the bonds will
be paid out of yearly Capital Improvement funds.
On motion of Councilman Patterson, seconded by Councilman Villa, the Statement
of Compliance with Elections Code Sections 5300 to 5304, was unanimously carried.
SPEC. 641-226 Council ordereit filed report of bids
Z0 FIRE ALARM BOXES for Specification 641-226, indicating
no bids were received; and on motion
of Councilman Herrin~ seconded by Councilman Yamamoto, unanimously authorized
the purchase of fifteen (15) second-hand Gamewell Fire Alarm boxes by direct
purchase.
CITY COUNCIL -70- March 1, 1971
SPEC. 641-ZZ9 On motion of Councilman Herrin,
Z HIGH BAND MOBILE seconded by Councilman Yamamoto
RADIOS and unanimously carried, Council
ordered filed report of bids received
for two (2) High Band Mobile Radios & Various Other Secode, Decoder, Encoder
Units; and awarded contract to the only bidder, Orange County Radio Telephone
Service.
BID CALLS On motion of Councilman Herrin,
seconded by Councilman Patterson
and unanimously carried, Council
approved plans and specifications and authorized advertising for bids on the
following:
(a) Spec. 641-Z31, One, Form 4, Type A, Fire Alarm
Control Cabinet, reconditioned, opening March 16, 1971.
(b) Spec. 641-232, Aerial Tower, with basket, opening
March ZZ, 1971.
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. NSg1067 ORDINANCE NS-I~6~T AiViENDING
DRAINAGE ASSESSMENT FEES THE SANTA ANA MUNICIPAL CODE
BY AMENDING
34-193 THEREOF RELATING TO DRAINAGE ASSESSMENT FEES was adopted,
on motion of Councilman Herrin, seconded by Councilman Patterson, on the following
roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Markel, Patterson, Villa, Yamamoto, Griset
Evans
None
ORDo NS-1070 ORDINANCE NS-1070 AMENDING THE
STREET ALIGNMENT SANTA ANA MUNICIPAL CODE BY
ADDING SECTION 41-742 RELATING
TO SPECIFIC PLANS FOR STREET ALIGNMENT (MacArthur Boulevard between
Greenville and Bristol) was adopted, on mtoion 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 -71- Marchl, 1971
ORD. NS-1071 ORDINANCE NS-1071 AMENDING
ON-SALE LIQUOR AND BEER THE SANTA ANA MUNICIPAL
CODE BY AMENDING SECTIONS
41-395 A~ND 4~-41Z OF CHAPTER 41 THEREOF PERTAINING TO ON-SALE
LIQUOR ZYi4D BEER EST;~BLISt'~MENTS was referred back to the City Attorney,
au his reques~ for ~'e-~iew, %vith corrected copy to be presented later in the
meeting, on motion of Councilman Herrin, seconded by Councilman Evans and
unanimously carried.
ORD. NS-1073 ORDINANCE NS-1073 REPEALING
SANTA ANA MUNICIPAL CODE RE-ENACTING ARTICLES 4, 5 AND
7 OF CHAPTER 34 OF THE SANTA
ANA MUNICIPAL CODE TO MAKE IT COMPATIBLE WITH THE STATE CODE
was passed to second reading, on motion of Councilman Herrin, seconded by
Councilman Evans, and unanimously carried.
RES. 71-Z4 RESOLUTION 71-Z4 AFFIRMING THE
GEORGE Ao PICKELHEIMER DECISION OF THE PLANNING
COMMISSION AND GRANTING A
VARIANCE ON VARIANCE APPLICATION 70-83 FILED BY GEORGE A.
PICKELHEIiViER SUBJECT TO APPLICABLE CONDITIONS was adopted, on
motion of Councilman Yamamoto, seconded by Councilman Villa, and carried
on a 6 - 1 vote~ Councilman Evans voting NO.
COVENANT A covenant, dated October 14, 1970,
VICTOR VACA AND binding properties owned by Victor
LOUISE MARGARET VACA and Louise Margaret Vaca and Maria
M. Vaca, was approved and its
execution by the City Manager was authorized, on motion of Councilman Herrin,
seconded by Councilman Patterson, on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Patterson, Villa, Yamamoto, Griset
Markel
None
AGREEMENT Agreement between the City of
ORANGE COUNTY FLOOD Santa Aha and the Orange County
CONTROL DISTRICT Flood Control District for
administration of contract for
construction of Project Z01ZA; Box Culvert Crossing of Dyer Road over Orange
County Flood Control Districts' Santa Aha-Delhi Channel, was approved, and
its execution by the Mayor and Clerk authorized, on motion of Councilman
Herrin~ seconded by Councilman Evans, and unanimously carried.
CITY COUNCIL -72- Marchl, 1971
AGREEMENT Councilman Herrin's motion,
WILLIAM R. MILLER seconded by Councilman Patterson,
to terminate the Agreement dated
July ZZ, 1970, between the City of Santa and James /Vi. Montgomery, Consulting
Engineers, Inc., for resident inspection services during construction of new
City Hall, effective at the end of the working day, February 26~ 1971, carried
on a 6 - i vote~ Councilman Markel voting NO.
Agreement between the City of Santa Ana and William R. Miller for inspection
services for the new City Hall, project 7013, was approved, and its execution
by the Mayor authorized, on motion of Councilman Herrin, seconded by Coun~il-
man Patterson~ and carried on a 6-1 vote, Councilman Markel voting NO.
ALCOHOLIC BEVERAGE It was moved by Councilman Herrin,
LICENSE APPLICATIONS seconded by Couhcilman Patterson and
unanimously carried, to receive and
file the following Alcoholic Beverage License Applications:
Dee's Liquor Deli, 2710-H W. Edinger, Off-Sale General,
Person Transfer;
Guedea's Market, 1609 Greenville, Off-Sale General, Persnn
Transfer;
Dugout, 2534 '~r. Westminster, New "40" On-Sale Beer, Original;
Kenneth H. Philp~ 810 Santa A-ua Boulevard, On-Sale Beer,
Person Transfer;
and to instruct the City Attorney to file a protest with the Alcoholic Beverage
Control Board to the issuance of the following license:
Honey Bee, 1411 E. 1st Street, On Sale Beer, New Original.
The Director of Planning requested that the Council reconsider the protest which
they ordered filed with the Alcoholic Beverage Control Board on January 18, 1971,
in connection with the application of Bob Burns, 2828 North Main Street. Mr.
Wieland stated that the protest was filed because the lot proposed for the
restaurant was within 300 feet of an R 1 zone; that in all other instances the
300' distance is measured from the building, but since this application involved
new construction, the distance was measured from the property line; that they now
have plans showing the location of the building, which will be more than 300' from
the R i zone; that the lot on which the restaurant is to be built is an odd-shaped
piece of property that would not be practical for other use; and that the R 1 zone
referred to is a small piece of property near the Freeway which is owned by the
State and therefore will not be used for residential property even though zoned R 1.
It was the consensus of the Council that the 300' limitation in connection with
Alcoholic Beverage License applications should apply to the circumference of the lot.
On motion of Councilman Patterson, seconded by Councilman Evans: and unanimously
carried, the City Attorney was instructed to withdraw the protest filed with the
Alcoholic Beverage Control Board, and the Conditional Use Permit requirement was
wa, ired in connection with the following Alcoholic Beverage License application,
due to the facts presented and the size and shape of the parcel:
Bob Burns, 2828 N. Main Street, On-Sale General, Original
Applic atiOno
CITY COUNCIL -73- Marchl, 1971
RECESS
present.
At 4:45 P. M. , a five-minute recess
was declared. The Council reconvened
at 4:55 P.M., with all Council members
TRAFFIC The report of control devices removed
or installed from February 17 through
February 18, 1971, was received and
ordered filed, on motion of Councilman Herrin, seconded by Councilman Patterson,
and unanimously carried.
VARIANCE AND CONDITIONAL Council unanimously adopted the findings
USE PERMIT 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:
~A 70-71, SANITARY LAUNDRY & DRY CLEANING - To waive
a portion of the required offstreet parking spaces for a dry
cleaning facility in the C Z and M l'Districts at Z601 S. Main
Street; DENIED.
VA 70-81, NORMAN ROSEN - To permit open storage ar~off-
street parking in the R 2 District at 2234 Civic Center Drive
%Vest, 711 & 717 N. Fairview Street; APPROVED.
C.UP.7i-~, BOYS' CLUB OF SANTA A/WA, INC. - To construct
a 2, 500 square foot garage on property utilized by the Boys'
Club of Santa Aha at 950 ~;. Highland, R 3 District; APPROVED.
On motion of Councilman Herrin, seconded by Councilman Markel, and unanimously
carried, the letter from the Planning Commission Chairman dated February 10, 1971
recommending refund of filing fee for Conditional Use Permit ~71-1 was received and
ordered filed and the Clerk was instructed to notify the applicant that there was no
provision in the Code for refunds once the moneys had been expended for the procedural
requirements.
SOLICITATION APPLICATIONS
Councilman Yamamoto:
The following Solicitation Applications
were approved unanimously on motion
of Councilman Herrin, seconded by
Hemophilia Foundatimn of Southern California (a Corporatinn) 139
S. Beverly Drive, #320, Beverly Hills, door-to-door solicitation,
March 1 - March 31, 1971.
Jackson Little League, 3018 W. Laverne, Candy Sale, March
10 - April 17, 1971.
City of Hope, 208 W. 8th Street, Los Angeles, door-to-door
solicitation, June 6 - June 13, 1971.
Girl Scout Council of Orange County, cookie sale, door-to-door
soliciting and booth sales, March lZ-Z0, 19?l(booth sales until
April 30, 1971).
CITY COUNCIL
-74-
Marchl, 1971
PUBLIC PROPERTY USE On motion of Councilman Patterson,
seconded by Councilman 1Vlarkel and
unanimously carried, the following
application for Special License to Use Public Property was approved subject to
the concurrence of the Santa Aha City Center Association:
17th of March Committee to hold a St. Patrick's Day Parade
on Wednesday, March 17, 1971, north on Main Street from
2nd Street to 15th Street, beginning at 12:30 P.M., and
consisting of bands, marching units, floats, cars, etCo
DEEDS, NO CASH Council ordered filed the report of
GRANTEE, CITY No Cash Deeds accepted by the City
Man~ger, pursuant to Resolution No.
69-156, from February 10, 1971 through February 23, 1971, inclusive, on motion
of Councilman Herrin, seconded by Councilman Evans, and unanimously carried.
DEEDS WITH CASH On motion of Councilman Herrin,
GRANTEE, CITY seconded by Councilman Patterson, the
following deeds were approved and
execution of the escrow by the Mayor was authorized:
VACA, VICTOR, et al, north side of First Street, east
of Baker, street purposes.
VACA, MARIA M., north side of First Street, east of
Baker, street purposes.
The motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Patterson, Villa, Yamamoto, Griset
Markel
None ~
On motion of Councilman Herrin, seconded by Councilman Patterson, and
unanimously carried, the following deed was approved and execution of the
escrow by the Mayor was authorized:
JOSEPH AND SONS, INVESTMENT CORPORATION, west
side of Daisy, south of Walnut, park purposes.
TENTATIVE TRACT MA1~ #7362 On motion of Councilman Herrin,
seconded by Councilman Patterson
and unanimously carried, Council
approved Tentative Tract Map #736Z, filed by Warren S. Oarrett creating one
(1) R3H lot to be used for ~nultiple residential (condominium), located generally
on the east side of Spurgeon Street, Z65 feet north of Washington Avenue.
CITY COUNCIL -75- March 1, 1971
FINAL MAP, TRACT 6856 It was moved by Councilman Herrin,
seconded by Councilman Patterson
and unanimously carried, to approve
Final Tract 'Map #6856, accept the dedications thereon, and authorize execution of
the Subdiv~ sion Agreement and bonds.
CHANGE ORDER; PROJECT #1324 Change Order No. 1 to Project #1324,
construction of Santa Aha Boulevard
from Santiago Street to Grand Avenue,
increasing in the amount of $5, 385, 18, was approved, on motion of Councilman
Patterson, seconded by Councilman Villa and unanimously carried.
TENTATIVE PARCEL MAP #687 On motion of Councilman Patterson,
seconded by Councilman Yamamoto,
and unanimously carried, Council
approved Tentative Parcel Map #687, filed by W. Herbert Allen, creating two
M 1 lots on the west side of Yale Street, 4Z4 feet south of Harvard Street.
UNDERGROUND FUEL STORAGE Report of Underground Fuel Storage
TANKS REGULATIONS Tanks, dated February 24, 1971, was
received and ordered filed, on motion
of Councilman Herrin, seconded by Councilman Markel~ and unanimously carried.
SPECIAL COUNSEL Councilman Villa requested that the
following letter dated February 10,
1971 from Fritz R. Stradling, member of'
the law firm of Rutan & Tucker in Santa Aha, be read into the Minutes:
"Mr. William L. Mock
City Attorney
City of Santa ~a
217 North Main Street
Santa Aha, California
92701
Bill:
This letter is written in response to your inquiry as
to the legal services that this firm can provide the City of
Santa Aha relative to bond financings.
We are pleased to state that this firm is enjoying
ever increasing recognition by public entities, investment
bankers and investors as municipal bond counsel. We have
performed legal services for various cities and special
districts in connection with general obligation bond is sues,
revenue bond issues, nonprofit corporation financings, joint
powers financing and assessment bond proceedings under
both the Improvement Act of 1911 and the Municipal Improvement
Act of 1913. We are also prepared to render special services
in the redevelopment field.
CITY COUNCIL -76- March 1, 1971
SPECIAL COUNSEL ~ (Continued)
Some of the bond issues which we are presently
or have recently acted as bond counsel are:
City of Oceanside
Sewer
1911 Act -- various
1913 Act
City of Carlsbad
Joint Powers -- City Hall
City of Placentia
Nonprofit corporation --
Parks
City of Cypress
Nonprofit corporation --
City Hall
City of La Palma
Joint Powers -- City Hall
City of South E1 Monte
Nonprofit corporation --
City Hall
City of Fountain Valley Joint Powers -- Library
City of Lawndale
Joint Powers -- City Hall
City of Culver City
Assessment, 1911
City of San Juan
Assessment, 1911
San Simeon Acres
CommunityServices
District
Water and Sewer
Cucamonga County
Water DistriCt
1913Act
Las Virgenes Municipal
Water District
Water
Eastern Municipal Water
District Sewer
Rancho California
Water District
Water
Santa Margarita
Water District
Water and Sewer
Santa Rosa Ranches
Water District
Water
CITY COUNCIL -77- Marchl, 1971
SPECIAL COUNSEL - (Continued)
We draft ail of the proceedings, attend Council
and staff meetings and issue our approving legal opinion
to the purchaser of the bonds.
Our fees for acting as bond counsel are based on
the amount of bonds to be authorized and are generally
recognized by public entities as being within the standard
fee charged by other bond counsel in the United States. We
shall be pleased to quote you specific fees prior to being
considered for any work for the City.
The undersigned is a member of the Los Angeles
Municipal Bond Club and the California Assessment Bond
Underwriters Association thus having personal contact with
the interested underwriters as well as participating in an
association responsible for drafting legislation of benefit
to the industry. We can list many underwriters as references
but, for brevity, we may state that Mr. Alan K. Browne,
Senior Vice President of Bank of America N.T. & S.A., in
charge of all municipal bond purchases by that bank has
encouraged this firm to become nationally recognized bond
counsel and would be receptive to answer any inquiry you
may have.
We believe that as attorneys in this community we
can be of personal service to the City Council and staff and
welcome the opportunity to discuss with you in greater detail
the possibility of rendering legal services in connection with
general obligation and assessment bond issues."
It was the consensus that the firm of Rutan & Tucker should be considered in the
future when the employment of outside Counsel is contemplated for special
legal procedures.
SOLICITATION APPLICATION An oral request for permission
to solicit funds, door to door, on
May 6, April 3, and May 1, 1971,
on behalf of the Velvet Knights Drum & Bugle Corps, was presented by Mr.
Wesley Auger, Booster Board Chairman, and was approved, subject to
approval of the City Staff under the normal processing procedure, on motion
of Councilman Patterson, seconded by Councilman Markel, and unanimously
carried.
STATEMENT OF CONDITIONS Motion of Councilman Villa, seconded
COMMUNITY ACTION COUNCIL by Councilman Patterson, to approve
the Sfatcment of Conditions dated
March 1, 1971, regarding City's contributions to the Community Action Council,
for use in three community centers; and to authorize its execution by the Mayor
and Clerk, carried on a 6-1 vote, Councilman Herrin voting NO.
CITY COUNCIL -78- March 1, 1971
ORD. NS-1071 ORDINANCE NS-1071 AMENDING
ON-SALE LIQUOR A_ND BEER THE SANTA ANA MUNICIPAL
CODE BY A/~ENDING SECTIONS
41-395 AND 41-412 OF CHAPTER 41 THEREOF PERTAINING TO ON-SALE
LIQUOR AND BEER ESTABLISHMENTS was read by title only. Further
reading was waived on the unanimously approved motion of Councilman
Patterson, seconded by Councilman Villa.
The Ordinance was unanimously passed to second reading on motion of Council-
man Yamamoto, seconded by Councilman Patterson.
RECESS At 5:30 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 Invocatinn was given by Mr. Marvin Jones, Chairman of the Board of
Trustees, St. Peter Lutheran Church,
BOY SCOUT TROOP # 47 Councilman Markel requested
recognition of Boy Scout Troup ~
# 47, sponsored by the Congregational
Church, Santiago Street. The Scautmaster, Mr. Bob R9ynolds, stated that the
Scouts were visiting the City Council meeting in connection with their study of
City government.
PUBLIC HEARING The Mayor opened the public
APPLICATION FOR PAWNBROKER'S hearing to consider the appeal filed
CERTIFICATE -'}IARRY M. NEDLER by Harry M. Nedler from Police
Chief's denial of a Certificate to
engage in the business of a pawnbroker in the City of Santa Ana.
Attorney Kenneth Lindsay, 888 North Main Street, was present to represent the
applicant. His argument was based on the statement that Mr. Nedler was charged
with a violation in Bakersfield Municipal Court in 1961; that through an error, his
attorney entered a plea of guilty on his behalf; that Mr. Nedler did not authorize
the plea of guilty, was never informed of the charge against him, and was never
informed of his constitutional rights. In 1964, when the matter came to his
attention, he applied to the Court for withdrawal of the plea of guilty due to a
mistake of fact. The plea was granted and the case was dismissed. He stated he
believes Mr. Nedler is a good citizen and that his appeal should be granted.
There were no further proponents or opponents in this matter, and the Clerk'
~eported there were no ~vritt~n-¢ommunicatlons received on the matter. The
Mayor ~declared the public hearing closed.
After further discussion, Councilman Herrin's motion, seconded by Councilman
Markel, to uphold the Police Chief's denial of a Certificate to engage in the
business of a Pawnbroker in the City of Santa Aha, carried on the following roll
call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Yamamoto, Griset
Patterson, Villa
None
CITY COUNCIL
-79-
March 1, 1971
PUBLIC HEARING The Mayor opened the public
APPLICATION TO OPERATE hearing to consider the appeal
A TAXICAB filed by Herman H. Lieske, Jr. ,
from Police Chief's suspension
of a permit to operate a taxicab in the City of Santa Ana.
The applicant was present and stated that his permit to operate a taxicab in
Santa Aha was suspended because of an arrest in Long Beach in May 1970 for
driving while intoxicated; that in approximately 25 years of driving, this is the
first offense of this type; that in this same period of time he has received two
minor traffic tickets and was involved in two accidents--one in which he was
hit from the rear while stopped, and one in which a rented truck he was driving
lost a wheel. After further questioning, he stated that the arrest in Long Beach
occurred while he was off duty and driving his own car. The public hearing was
closed. Councilman Yamamoto's motion, seconded by Councilman Markel, to
overrule the action of the Chief of Police and instruct him to reinstate the driver's
permit to operate a taxicab in the City of Santa Aha, carried on the following
roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Markel~ Yamamoto, Griset
Evans, Patterson, Villa
None
RECESS
all Council members present.
At 8:20 P.M., a five-minute
recess was declared. The Council
reconvened at 8:25 P.M., with
PUBLIC HEARING The Director of Planning reported
APPEAL NO. 260, VA 70-77 that the Planning Commission's denial
YSIDRO AND ANITA RUVALCAVA of Variance Application 70-77 was
based on the projected use for this
area which is multi-family residential and the open storage of construction
equipment and material in the A 1 District would be an incompatible use.
The public hearing was opened by the Mayor.
Mr. Harold Swatez, Attorney, was present to represent the applicant. He
presented a map of the area and a chart, pointing out that Mr. Ruvalcava's
property is in close proximity to railroad tracks~ directly in the flight pattern of
Orange County Airport, and in an area which is generally manufacturing, with
large trucks arriving and departing during the day, all of which creates a noise
problem unacceptable for a residential area. He also stated that if the Appeal
is granted, the applicant has no objection to Conditions 1 through 7 as recommended
by the Planning Department.
Mrs. Mary Henry, 921 South Lyon Street, and Mr. George Dunn, 1001 South Lyon
Street, spoke in support of the Appeal, stating that they do not oppose the use of
this lot as a storage area, and that if there is a requirement to develop North Lyon
Street from Chestnut to McFadden, it should be done at one time, rather than lot by
lot, in order to save expense and inconvenience to the property owners.
CITY COUNCIL -80- Marchl, 1971
PUBLIC HEARING APPEAL NO. 260, VA 70-77
YSIDRO AND ANITA RUVALCAVA - (Continued)
The Clerk reported that no written communications had been received. There
were no further proponents or opponents, and the Mayor declared the public
hearing closed.
After further discussion, the consensus was that a variance of this type cannot
be granted without the time limitation imposed by Condition 8; and that Mr.
Ruvalcava is willing to comply with the street dedication as provided in Condition
9; that since there is to be no construction on the property at this time, Conditions
10 through 14 could be waived but would be required in connection with any future
application for a building permit°
Councilman Villa's motion, seconded by Councilman Yamamoto, to grant the
appeal and instruct the City Attorney to prepare a Resolution granting the Appeal
subject to conditions of approval 1 through 9 submitted by the Planning Department,
carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset
None
None
PUBLIC HEARING The Mayor opened the public hearing
APPEAL NO. 261, CUP 71-2 on the Appeal filed by W.D. Rush -
W.D. RUSH Santa Ana Towing, appealing Planning
Cornmission's denial of Conditional
Use Permit 71-Z to permit dismantling of vehicles and retail sales of vehicle parts
in the M 2 District at 665 South Santa Fe Street.
The applicant was present and stated that he is asking for permission only to dis-
mantle and sell parts from cars brought to his place of business; that this is
a wrecking or salvage operation and there is no intent of making it so; that he keeps
the area clean, and has attempted to make the area attracilu~by means of screening
and landscaping. In response to questions from the Council, Mr. Rush stated that
afte~ the cars are dismantled and all possible parts sold, the frame will be sold to
a junk dealer and will not be stored on his lot.
Mr. William B. Eisner, owner of the property directly south of the Rush property,
stated that he had been asked by Harley-Davidson and several others surrounding
this facility to represent them in their appeal to have this variance denied because
they believe that if this variance is granted there will be a possibility that the use
could be changed to wrecking or salvage, and the stacking of vehicles; that any
change in the variance which would not limit the salvage aspect would be detrimental
to the area~
The Clerk reported that no written communications had been received. There were
no further proponents or opponents, and the Mayor declared the public hearing closed.
CITY COUNCIL -81- Marchl, 1971
PUBLIC HEARING APPEAL NO. 261, CUP 71-2
W.D. RUSH - (Continued)
Councilman Patterson's motion, seconded by Councilman Villa, to grant the
appeal and instruct the City Attorney to prepare a Resolution granting the
appeal subject to conditions of approval contained in the Comments submitted
by the Planning Department, carried on the following roll call vote:
AYES: Herrin, Evans, Markel, Patterson,
NOES: None
ABSENT: None
Villa,
Yamamoto, Gris et
RECESS
members present.
At 9:45 P.M., a five-minute recess
was declared. Council reconvened
at 9:55 P.M., with all Council
BUDGET REVISIONS The report of Mid-Year Budget
FOR 1970-71 Revisions for 1970 - 71 was
submitted to the Council for
review and approval. After clarification by the City Manager of several items in
the budget~ Councilman Patterson's rnotion~ seconded by Councilman Villa, to
approve the Annual Budget with the revisions contained in the City Manager's
report, carried on the following roll call vote:
AYES: Herrin,
NOES: 1Viarkel
ABSENT: None
Evans, Patterson, Villa, Yamamoto, Griset
EMPLOYMENT OF SPECIAL COUNSEL Councilman Patterson stated that
CITY ATTORNEY'S OFFICE due to the resignation of Mr. Mock
and the number of matters pending
at the present time in the City Attorney's office, consideration should be given
to employment of a Special Counsel for a temporary period of time. Councilman
Patterson's motion to authorize employment of Special Counsel to assist the City
Attorney's office for the next three months, to June 1, 1971~ was seconded by
Councilman Villa, and unanimously carried.
On motion of Councilman Patterson, seconded by Councilman Villa, and unanimously
carried, a Committee of three was created, consisting of Mayor Griset, Council-
man Evans, and Councilman Patterson, to review possible Counsel to assist the
City Attorney's office on a temporary basis, the Committee to report to the Council
at Executive Session Thursday, March 4, 1971~ at 8:30 A. IVI., in the Mayor's office,
217 No Main Street.
CITY COUNCIL -82- March 1, 1971
AD$OURNMENT The meeting was adjourned to March
4, 1971, 8:30 A.M., in the Mayor's
Office, City Hall, 217 N. Main Street,
at 10:40 Po M., on motion of Councilman Herrin, seconded by Councilman Villa
and unanimously carried.
Florence Io Malone
Clerk of the Council
CITY COUNCIL
-83 -
Marchl, 1971