HomeMy WebLinkAbout04-05-1971MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA AHA, CALIFORNIA
April 5, 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, J. Ogden Markel, JerryM. Patterson, Ray Villa,
Harry K. Yamamoto, and Mayor Lorin Griset. Councilman Evans arrived
at 2:15 P.M. Also present were City Manager Carl J. Thornton, Acting
City Attorney James A. Withers, Director of Public Works Ronald Wotford,
SeniOr Planner Charles C. Zimmerman, and Clerk of the Council Florence
I. Maloneo
MINUTES
motion of Councilman Villa,
carried.
The Minutes of the Regular
Meeting of March 15, 1971 were
approved as submitted, on
seconded by Councilman Patterson, and unanimously
EXECUTIVE SESSION At 2:15 P. M. , the meeting was
adjourned to an Executive Session
to consider appointment to the
Orange County Health Planning Council, the Mayor's Freeway Committee, the
Orange County Human Relations Commission, the City Attorney Screening
Committee, and the Direction-Finding Committee. ~ '~ '~ ~ ~J
The meeting reconvened at 3:05 P. Mo, with all Council members present° The
Mayor announced that the Council had arrived at an agreement with regard to
appointees, and will recommend appointment to the Orange County Health
Planning Council, Mayor's Freeway Committee, Orange County Human Relations
Commission, and two attorneys for the City Attorney's Screening Committee.
The names will be made public when the proposed appointees have accepted.
Acting City Attorney Withers requested consideration of Agenda Item #43 out
of order, since there were a number of persons present in the audience in
connection with this matter. Councilman Evans stated that he had indicated to
a number of people that this matter would probably be heard about 3:30 or 4:00
P.M., and it was agreed to delay the matter until approximately 3:30 P.M~
SPEC. 641-ZZ6 On motion of Councilman Herrin~
SANTA ANA HYBRID SOD. seconded by Councilman Patterson,
SANTA ANA HYBRID STOLENS and unanimously carried, Council
ordered filed report of bids received
for Specification 641-226, 26, 040 Square Feet Santa Aha Hybrid Bermuda Sod,
532 Bu. Santa Aha Hybrid Bermuda Stolens, rental of one Stolenizer and Operator;
awarded contract to the only bidder, Cai-Turf, Camarillo.
CITY COUNCIL
-99- April 5, 1971
SPEC. 641-Z30 On motion of Councilman Herrin,
COLD WATER METERS seconded by Councilman Patterson,
and unanimously carried, Council
ordered filed report of bids received for Specification 641-Z30, Cold Water Meters -
Fire Service Type; awarded contract to Hersey-Sparling, Dedham, Massachusetts,
on unit price basis, as only bidder for annual requirements.
SPEC. 641-Z31 On motion of Councilman Herrin,
FIRE ALARM CONTROL CABINET seconded by Councilman Evans,
and unanimously-carried, Council
ordered filed report of bids received for Specification 641-231, One, Form 4,
Type A, Fire Alarm Control Cabinet, reconditioned; awarded contract to the
only bidder, Herman Oliver, Inc. , Palo Alto.
SPEC. 641-232 On motion of Councilman Markel,
AERIAL TOWER seconded by Councilman Evans and
unanimously carried, Council ordered
filed report of bids received for Specification 641-232, Aerial Tower, with basket;
awarded contract to the low bidder, Casey-Metcalf Machinery Co., Inc., Los
Angeles, with trade-in; and rejected all other bids.
SPEC. 641-233 On motion of Councilman Herrin,
WAFER STYLE BUTTERFLY VALVES seconded by Councilman Markel and
unanimously carried, Council ordered
filed report, of bids received for Specification 641-233, Wafer Style Butterfly
Valves; awarded contract to Park-Son, Inc., Santa Fe Springs, on the basis of
low bid unit price for annual requirements through rune 30, 197Z; and rejected all
other bids.
SPEC. 641-234 On motion of Councilman Patterson,
ASBESTOS CEMENT PIPE seconded by Councilman Serrin, and
unanimously carried, Council ordered
filed report of bids received for Specification 641-234, Asbestos Cement Pipe;
awarded contract for items 1 through 9 to Voss International Corporation, Long
Beach, and-iterils 10,through 18~,to. Johns-Manville, Long Beadh, 'orr a unit~ price
basis for annual requirements; and rejected all other bids.
SPEC. 641-235 On motion of Councilman Patterson~
CAST IRON FITTINGS seconded by Councilman Herrin and
unanimously carried, Council ordered
filed report of bids ~eceived for Specification 641-235, Cast Iron Fittings for
Asbestos Cement Pipe; awarded contract to Park-Son, Inc., Santa Fe Springs, on a
unit price basis, as the lowest ~/1~ best bidder; and rejected all other bids.
CITY COUNCIL -100- April 5, 1971
PROJECT 6040 On motion of Councilman Herrin,
SPRINKLER SYSTEM IN seconded by Councilman Villa and
WESTWOOD PARK unanimously carried, Council ordered
filed report of bids received to
construct a sprinkler system in Westwood Park; awarded the contract to R. A.
Willits Plumbing & Heating, Inc. , Long Beach, on basis of the low bid; and
rejected all other bids.
PROJECT 1322A On motion of Councilman Patterson,
BOX CULVERT AT seconded by Councilman Herrin and
FLOWER AND SUNFLOWER unanimously carried, Council ordered
filed report of bids received for
Project 1322A to Construct a Concrete Box Culvert and Outlet Structure in F-01
Channel at Flower Street north of Sunflower Avenue; awarded contract to the low
bidder, 3asu Engineering, Inc., Garden Grove; and rejected all other bids.
BUDGET TRANSFER On motion of Councilman Patterson,
seconded by Councilman Herrin and
unanimously carried, funds in the
amount of $6,400 were ordered transferred within the Capital Fund from the
account "Public Works - Select Street System" (51-551-631) to the account "Public
Works - Local Streets" (51-55Z-631).
PROJECT 2022 On motion of Councilman Herrin,
RECONSTRUCT STANDARD AVE. seconded by Councilman Patterson
and unanimously carried, Council
ordered filed report of bids received on Project 2022, to Reconstruct Standard
Avenue from Chestnut Avenue to First Street, and RitcheyStreet from McFadden
Avenue to the ATSF Railway; awarded contract to the low bidder, Orville Eo
Henderson, Santa Aha; and rejected all other bids.
PROJECT 6039 On motian of Councilman Markel,
SIDEWALKS AND PARKING LOT seconded by Councilman Yamamoto
WESTWOOD PARK and unanimously carried, Council
orderedfiled report of bids received
on Project 6039, to Construct Concrete Sidewalks and Asphaltic Concrete Parking
Lot in Westwood Park; awarded contract to the low bidder, R.J. Noble Company,
Orange; and rejected all other bids.
BID CALLS On motion of Councilman Patterson,
seconded by Councilman Herrin, and
unanimously carried, Council ordered
the bid opening date for Construction of Vehicle Service Facility in Police Departmen~
Basement Garage changed from April 12 to April Z6, 1971, in order to give additional
time for contractors to prepare their bids.
On motion of Councilman Herrin, seconded by Councilman Yamamoto and
unanimously carried, Council approved plans and specifications and authorized
advertising for bids on the following:
Spec. 641-236 - Playground Equipment for Sandpointe
Park; opening date, April ZZ, 1971.
CITY COUNCIL -101- April 5~ 1971
READING WAIVED
reading of ordinances and resolutions,
Agenda, was waived.
On motion of Councilman Herrin,
seconded by Councilman Patterson
and unanimously carried, the full
the tit/es of which appeared on the public
ORD. NS-1074 ORDINANCE NS-1074 AMENDING
FIRE DEPARTMENT OVERTIME THE SANTA ANA MUNICIPAL CODE
BY ADDING SECTION 9-191.1,
OVERTIME FOR FIRE DEPARTMENT PERSONNEL was adopted, on motion of
Councilman Evans, seconded by Councilman Herrin, and carried on the following
roll call vote:
AYES: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset
NOES: None
ABSENT: None
ORD. NS-1075 - A.A. #680 ORDINANCE NS-1075 CHANGING
SEGERSTROM AND BEAR DISTRICT CLASSIFICATION ON
AMENDMENT APPLICATION 680
FILED BY HAROLD T. SEGERSTROM AND HOWARD BEAR, AND AMENDING
SECTIONAL DISTRICT MAP 35-5-10 (EXHIBIT AA 680-A) was passed to second
reading on motion of Councilman Evans, seconded by Councilman Herrin, and
unanimously carried.
ORD. NS-1076 ORDINANCE NS-1076 AMENDING
GENERAL MUNICIPAL ELECTION SECTION 4 OF ORDINANCE NS-
1066 BY EXTENDING THE HOURS
DURING WHICH THE POLLS SHALL BE OPEN IN THE GENERAL MUNICIPAL
ELECTION IN THE CITY OF SANTA ANA ON THE 6TH DAY OF APRIL, 1971,
FROM 7:00 AM UNTIL 8:00 PM, an emergency ordinance, was adopted on
motion of Councilman Patterson, seconded by Councilman Villa and unanimously
carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Patterson,
None
None
Villa, Yamamoto, Griset
ELECTION POLLS Polling Places for all future
City elections shall remain open
between the hours of 7:00 A. Mo
and 8:00 P. Mo, on motion of Councilman Patterson, seconded by Councilman
Herrin and unanimously carried.
ORD. NS-1077 ORDINANCE NS-1077 AMENDING
SANTA ANA MUNICIPAL CODE THE SANTA ANA MUNICIPAL CODE
BY REPEALING SECTION 38-18
THEREOF was passed to second reading on motion of Councilman Herrin, seconded
by C~luncilman Evans and unanimously carried.
CITY COUNCIL -10g- April 5, 1971
RES. 71-21
HELEN J. PETERSON
APPEAL ON APPEAL APPLICATION //257
RESOLUTION 71-21 AFFIRMING
THE DECISION OF THE ZONING
ADMINISTRATOR AND DENYING
FILED BY HELEN J. PETERSON.
RES. 71-22
ESTON A. ROSE
APPEAL ON APPEAL APPLICATION #255
RESOLUTION 71-22 AFFIRMING
THE DECISION OF THE ZONING
ADMINISTRATOR AND DENYING
FILED BY ESTON Ao ROSE.
These matters were held over from March 1, 1971, and were considered jointly
by the Council. After review of the matters by the Council, staff, and further
comments from Mr. Peterson, it was moved by Councilman Patterson, seconded
by Councilman Evans, and unanimously carried to grant Conditional Use Permit
70-15, Helen Jo Peterson, and Conditional Use Permit 70-14, Eston A. Rose, for
a period of time not to exceed six months, at the present level of operation with
the understanding that the uses would terminate at that time, including the stables
and any horses that have been added to the basic number that were there at the
time of annexation to the City of Santa Ana. The City Attorney was instructed to
prepare the appropriate resolutions.
RES. 71-29 RESOLUTION 71-29 CHANGING
STREET NAME CHANGES THE NAME OF A PORTION OF
GLASSELL STREET AND A
PORTION OF (OLD) GRAND AVENUE was unanimously adopted on motion of
Councilman Herrin, seconded by Councilman Yamamoto.
RES. 71-30 RESOLUTION 71-30 APPROVING
STREET VACATION MAP AND DECLARING INTENTION
TO VACATE APRICOT STREET,
EAST OF HALLADAY STREET, AND GIVING NOTICE OF HEARING THEREON
was unanimously adopted, on motion of Councilman Herrin, seconded by
Councilman Evans.
RES. 71-31 RESOLUTION 71-31 ORDERING
ASSESSMENT DISTRICT NO. Z36 CHANGES IN DESCRIPTIONS OF
ASSESSMENTS, ASSESSMENT
DISTRICT NO. 236, SANTA ANA, CALIFORNIA was unanimously adopted, on
motion of Councilman Patterson~ seconded by Councilman Herrin.
RES. 71- 32 RESOLUTION 71-32 AMENDING
NO PARKING ZONE RESOLUTION 57-304 AUTHORIZING
A NO PARKING AREA DURING
VARIOUS HOURS AND DAYS AT MONTE VISTA SCHOOL AND AUTHORIZING
SPECIAL BUS STANDS AND SPECIAL SIGNS AT SUCH LOCATION was
unanimously adopted, on motion of Councilman Herrin, seconded by Councilman
Markel.
AGREEMENT Agreement between the City of
PLAZA DRIVE SUBTRUNK SEWER Santa Aha and the County Sanitation
District No. 7 of Orange County
relating to the constrhct'ion o~f the Plaza Drive Subtrunk Sewer was approved,
and its execution by the Mayor and Clerk authorized, on motion of Councilman
Herrin; seconded by Councilman Patterson and unanimously carried.
Councilman Patterson requested that the audience be polled and Agenda Items
considered in order of their interest. It was moved by Councilman Villa, seconded
by Councilman Herrin, and unanimously carried, to consider Agenda Item #54 next.
CITY COUNCIL -103- April 5, 1971
PRESENTATION REFORM Planning Commissioner /ohn
COMMITTEE Schilling was present to reply
to any questions the Council might
have in connection with the Presentation Reform Committee's final report
dated March 22, 1971. Councilman Markel suggested that the matter should be
delayed until after the April 6th election; Councilman Patterson stated that
any fut~ire Council could revise the procedure and briefly reviewed the report.
Councilman Villa's motion, seconded by Councilman Yamamoto, to adopt the
report of the Presentation Reform Committee and implement the recommendations
therein, was amended to include a provision that all persons must address the
Council through the Chair, The amendment was incorporated with the consent of
Councilmen Villa and Yamamoto, and the motion carried on the following roll call
vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Patterson, Villa, Yamamoto, Grlset
Markel
None
TRAFFIC The report of control devices
removed or installed from
March 11 through March 31, 1971,
inclusive, was received and ordered filed, on motion of Councilman Herrin,
seconded by Councilman Evans, and unanimously carried.
ALCOHOLIC BEVERAGE It was moved by Councilman Herrin,
LICENSE APPLICATIONS seconded by Councilman Yamamoto
and unanimously carried~ to receive
and file the following Alcoholic Beverage License applications:
DAISY MAY'S, 1117 W~ 17th, On Sale Beer, Person Transfer;
A & S MARKET, 421 E. McFadden, Off S~le Beer & Wine, Person
Transfer;
THE POUR HOUSE, 815 E. 1st Street, On Sale Beer, Person
Tran§fer;
MANSOUR, MARY & BISHARA A, , 2120 Bristol, Off Sale General,
Person Transfer;
AUNTIE PASTA'S, 140 So Grand, On Sale Beer & Wine, Original
Application;
LIQUOR BANK, 2133 S. Main, Off Sale General, Person Transfer;
THE FOXY LADY, 150Z E. 1st Street, On Sale Beer and Wine,
Original Application;
HALF CROWN, 1238 E. Edinger, On Sale Beer, Original Application;
HONEY BEE, 1411 E. 1st Street, On Sale Beer, Original Application;
and to instruct the City Attorney to file a protest with the Alcoholic Beverage
Control Board to the issuance of the following license:
SUGAR SHACK, 3610-B W. Bolsa, On Sale Beer, Person Transfer.
CITY COUNCIL -104- April 5, 1971
VARIANCES AND After some discussion concerning
CONDITIONAL USE PERMITS the fence requirement in Igejn 394A,
Councilman Yamamoto's motion,
seconded by Councilman Evans, to divide Item 39 for individual consideration,
carried on a 6 - 1 vote, Councilman Villa voting NO.
The following application was received and ordered filed, on motion of Councilman
Herrin, seconded by Councilman Villa:
EX 71-1, CLARENCE Co HUMPHRIES - To delete a portion of
the required solid fence or wall surrounding open storage in
theM 1 District at 324 S. Harbor Blvd., APPROVED.
The motion carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Markel, Villa, Griset
Evans, Patterson, Yamamoto
None
The following application wast- received and ordered filed, on motion of
Councilman Patterson, seconded by Councilman Herrin and unanimously carried:
VA 71-Z, GEORGE MATOUS - To utilize an existing single
family dwelling for attorneys' offices in the R Z District at
1302 N. Flower Street; DENIED.
The following applications were received and ordered filed, on motion of
Councilman Herrin, seconded by Councilman Villa and unanimously carried:
VA 71-10, WARD INVESTMENT COMPANY - To construct an
80-unit apartment complex in the A 1 District at 2330-2350-2400
N. Glassell; APPROVED.
CUP 71-5, ANTONIO ROLANDO & TONG YOUNG RAMIREZ - To
serve alcoholic beverage s in an existing restaurant in the CD
District within 300' of residentially-zoned property at 1108 W.
Santa Aha Boulevard; APPROVED.
SOLICITATION APPLICATIONS The following Solicitation
applications were approved on
motion of Councilman Herrin,
seconded by Councilman Patterson and unanimously carried~
Symphony Association of Orange County, 500 West Sixth Street,
Santa Aha, door-to-door solicitation, April 1 - 4, 1971.
National Multiple Sclerosis Society, Orange County Chapter,
11752 Garden Grove Boulevard, Suite 108, Garden Grove, house-
to house solicitation and canisters, May 9 through June 20, 1971.
Christ for India (Parent Organization) Missions International,
408 Wo 4th Street, Santa Ana, collecting discarded items and
selling them, April 5, to June 4, 1971.
CITY COUNCIL -105- April 5; 1971
TAXI CAB APPLICATION Letter from U. T. O., Inc., 1001
Logan, requesting approval of an
additional 11 permits to operate
taxi cabs in the City of Santa Aha was received, and Councilman Patterson's
motion, seconded by Councilman Villa to set the matter for public hearing as
soon as possible after the Clerk's receipt of the required application, was
unanimously carried.
RECESS
members present.
At 4:05 P. M. , a five-minute recess
was declared. The meeting reconvened
at 4:20 P. M., with all Council
POOL PARLOR APPLICATIONS There was considerable discussion
concerning the reason for requiring
applications for pool tables to come
before the City Council. Acting City Attorney Withers quoted from the Municipal
Code which places responsibility on the Council for approval of such permits~
although a public hearing is not necessary.
Police Lt. Mansen was present and explained that each application, with the
exception of The Sportsman, represented a police nuisance location. At each
of these locations an excess of City manpower has been required to maintain an
orderly operation. In response to further questioning by the Council, Lt. Mansen
stated that police problems at these locations involve topless/bottomless
entertainment~ narcotics violations, and prostitution; that the presence of pool
tables in bars such as these allows the establishment to remain open between
the hours of 2:00 and 6:00 A.M.~ when alcoholic beverages are not sold, thereby
giving undesirable elements a place to congregate. Me stated that persons have
been arrested at these locations for various felonies--not only local people, but
people from out of state who are coming here to make various illegal transactions.
Councilman Villa referred to a letter from the Armed Forces Disciplinary Control
Board~ Los Angeles area, in which it was stated that if such activities were-not
curtailed~ Santa Aha would be placed off-limits to all Armed Forces personnel°
The City Attorney advised that a motion to grant or deny a permit should be directed
to the two standards set forth in the Code; i. e. , the suitability of the applicant and
the satisfactory location and conduct of the business.
Mr. John P. Vaydovich, Owner of Daisy May's Bar, 4524 W. Bolsa, requested
and received a continuance of his pool parlor application to the Council Meeting of
April 19, 1971~ on the approved motion of Councilman Patterson, seconded by
Councilman Markel, with Councilman Yamamoto dissenting.
Mr. Irving Ro Freed, owner of The Wild Mare, 501S. Grand, stated that as soon
as he became aware of the narcotics problem at his establishments he contacted
the Police Department; ceased after-hours activities; and fired his Manager; that
they now have an entirely new clientele; and that this has been accomplished during
the past ninety days. Lt. Mansen stated there has been a sharp decline in police
incidents at this location during the past month or so; however, information still
indicates narcotics transactions are taking place here.
CITY COUNCIL -106- April 5, 1971
POOL PARLOR APPLICATIONS - (Continued)
Following further discussion, Councilman Markel's motion, seconded by Councilman
Patterson, to grant a permit to engage in a business where games of billiards or
pool are conducted for profit to Irving R. Freed, owner of "The Wild Hare" bar at
501 South Grand, failed on the following roll call vote:
AYES:
NOES:
ABSENT:
Markel, Patterson
Herrin, Evans, Villa, Yamamoto, Griset
None
The applicatidn- of Irving R. Freed, owner of "The Wild Hare" bar, for a permit
to engage in a business where games of billiards or pool are conducted for profit,
was denied on motion of Councilman Herrin, seconded by Councilman Yamarnoto,
on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Villa, Yamamoto, Griset
Patterson
None
Mr. George Stevens, owner of Girce's Bar, 601N. Harbor Boulevard, requested
and received a continuance of his pool parlor application to the Cuuncil meeting of
April 19, 1971, on the unanimously approved motion of Councilman Villa, seconded
by Councilman Markel.
Council considered the application filed by Erwin A. Rohm, owner of Chee Chee's
Bar, 1109 Nort~h Harbor Blvd. , continued from the meeting of March 15. The
applicant requested issuance of a permit to engage in a business ~vhere games of
billiards or pool are conducted for profit at "Chee Chee'
Attorney Berrien E. Moore, 1515 Redondo Beach Boulevard, Gardena, represented
the applicant and his request that all testimony be sworn was considered in a motion
by Councilman Markel, seconded by Councilman Patterson. The motion failed on
the following roll call vote:
AYES:
NOES:
ABSENT:
Markel~ Patterson
Herrin, Evans, Villa, Yamamoto, Griset
None
Mr. Moore stated that the applicant has not been convicted of any penal offense;
that the applicant holds a license issued by the Alcoholic Beverage Control Board
for the sale of beer at 1109 North Harbor Boulevard; and that there have been no
arrests or convictions for any activity directly arising from the operation of the
pool tables within the premise since it has been operated by Mr. Rohm. He stated
further that the premises do not operate after 2:00 i~.M.
Police Lieutenant Hansen stipulated that the foregoing statements were true to the
best of his knowledge and belief.
Mr. Moore stated his opinion that this applicant is proper and suitable and that the
location and area should be found to be satisfactory. He requested the ~ecord to
indicate that in his opinion Section 29-1 of the Municipal Code is unconstitutional,
violative of the 14th Amendment.
CITY COUNCIL
-107- April 5, 1971
On June 18, 1971, the Orange County Superior Court
commanded the Santa Ana City Council to set aside its
decision dated April 9, 1971 in the administrative
proceedings entitled Pool Parlor Applications. The
court further ordered the Council to take any further
action specifically enjoined upon it by law; but nothing
in the court's judgment shall limit or control in any
way the discretion legally vested in the Santa Ana City
Council.
Notation added to Volume 28, Pages 129, 106, 107, 108 of
City Council Minutes in accordance with instruction from
City Attorney in his memo dated January 51, 1974. (CA 91.1)
POOL PARLOR APPLICATIONS - (Continued)
Lt. PIansen reported that the record indicated 84 police incidents at the
subject location.
~The application of Erwin A. ~R0h.~m. owner of "Chee Chee's", for a permit
to engage in a business where games of billiards or pool are conducted for profit
was denied on motion of Councilman Markel, seconded by Councilman Herrin
on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Villa, Yamamoto, Griset
Patterson
None
Acting on the recommendation of Police Lieutenant Hansen, it was moved by
Councilman Herrin, seconded by Councilman Evans to approve the application
of John Morrill, owner of "The Sportsman" bar, 4406 West First Street,
for a permit to engage in a business where games of billiards or pool are
conducted for profit. The motion failed on the following roll call vote:
AYES:
NOES:
ABSENT:
Her rin~ Evans
Markel, Patterson, Villa, Yamamoto, Griset
None
The application filed by John Morrill for a permit to engage in the business of
pool or billiards for profit at "The Sportsman" was denied on motion of Councilman
Patterson~ seconded by Councilman Villa and carried on the following roll call
vote:
AYES:
NOES:
ABSENT:
Patterson, Villa, Yamamoto,, Oriset
Herrin, Evans, IViarkel
None
The application filled by L. De Simone and Ruben Lester Smith, owners of
"Fantasyland" snack bar, 3609 West First Street, for a permit to engage in
the business of pool or billiards for profit was denied, on motion of Councilman
Herrin, seconded by Councilman Evans~ on the following roll call vote:
AYES: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset
NOES: None
ABSENT: None
'~The application filed by Robert and Linda G_u~.stafs0n? owners of "The Pine
Pub" bar~ 2333 W. First Street, for a permit to engage in the business of
pool or billiards for profit was denied, on motion of Councilman Serrin,
seconded by Councilman Patterson, on the following roll call vote:
AYES: Herrin,
NOES: None
ABSENT: None
Evans, Markel, Patterson, Villa, Yamamoto, Griset
CITY COUNCIL -108- April 5, 1971
AGENDA
carried motion of Councilman Herrin,
Agenda items 44 through 59
were continued to the evening
meeting, on the unanimously
seconded by Councilman Patterson.
RECESS At 5:45 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 Mayor Griseto
Mayor Griset polled the audience in order that Agenda items might be considered
in order of their interest.
APPEAL 263 AND APPEAL 264
SEGERSTROM REPUBLIC HOME-
OWNERS~ INC. ~ AND FIRST
WESTERN BANK & TRUST CO.
The Clerk announced a letter had
been received from The Rinker
Development Corporation requesting
continuation, to the next regular
meeting in order to allow more time
to complete negotiations with the Orange County Flood Control District for a
portion of the property covered by their application. The City Manager stated
that he had received a letter from the Orange County Flood Control District in
which they state that a portion of the property referred to in the Rinker letter
is still their pffoperty, and that they object to the rezoningo
On Councilman Markel's motion, seconded by Councilman Herrin, and unanimously
carried, this matter was continued to the next regular Council meeting on April
19, 1971, at 7:30 P.M.
PUBLIC HEARING The Mayor opened the public hearing
ZONING ORDINANCE AMENDMENT to consider a proposed amendment
to Division 2, Definitions, and
Division 18, M 1 (Light Industrial) District of the Zoning Ordinance, pertaining
to the addition of the definition of inoperable vehicles; amendment of the definition
of junk yards; and amendment of certain portions of the Light Industrial District
pertaining to outside storage, signs and junk and salvage yards. There were no
proponents or opponents in this matter, and the Clerk reported no written
communications had been received. The Mayor declared the public hearing closed.
Motion of Councilman Patterson, seconded by Councilman Villa~ to instruct the
City Attorney to draft an Ordinance reflecting the changes recommended by the
Planning Commission in Resolution 5956, carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Patterson, Villa, Yamamoto~ Griset
Markel
None
CITY COUNCIL -109- April 5, 1971
PUBLIC HEARING The Mayor opened the public
ZONING ORDINANCE AMENDMENT hearing to consider a proposed
amendment to the Zoning Ordinance
of the City of Santa A_ua pertaining to the establishment of minimum landscaping
standards for offstreet parking lots used with buildings which are hereafter constructed
or expanded. There were no proponents or opponents in this matter, and the
Clerk reported no written communications had been received. The Mayor declared
the public hearing closed.
Councilman Herrin's motion; seconded by Councilman Yamamoto~ to approve
the Zoning Ordinance Amendment and instruct the City Attorney to prepare an
Ordinance ~eflecting the changes recommended by the Planning Commission in
Resolution 5957, 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
AlviENDMENT APPLICATION # 681 hearing to consider Amendment
MICHAEL A. MADZOEFF Application #681 filed by Michael
A. Madzoeff proposing to rezone
property on the west side of Hawley Street, between Fifth and Sixth Street, from
the R 2 and C Z Districts to the M 1 District.
Michael A0 Madzoeff, Modco Enterprises, 2323 West Fifth Street, the owner of
the property~ was present and stated that he has made improvements on his
property which he believes have upgraded the area; that he wishes to erect an
industrial building; that he has contacted the neighbors in the area and that they
are all in favor of the zone change.
There were no opponents in this matter, and the Clerk reported no written
communications had been received. The Mayor declared the public hearing
closed.
Councilman Markel questioned "spot zoning"; Councilman Herrin stated he had
looked at the site; that the parcel immediately to the west is M 1 and would be
contiguous tothis M 1 property, and would carry the zone over to the next street,
making all the property in that particular area the same zoning°
Councilman Yamamoto's motion, seconded by Councilman Markel, to approve
Amendment Application #681 and instruct the City Attorney to prepare an
Ordinance rezoning the property from R 2 -and C 2 to M 1, carried on the following
roll call vote:
AY ES:
NOES:
ABSENT:
Herrin~ Evans, Markel~ Villa, Yamamoto, Griset
Patterson
None
RECESS
members present.
At 8:25 P.M., a five-minute recess
was declared. The meeting reconvened
at 8:30 P.M., with all Council
CITY COUNCIL -110- April 5, 1971
PUBLIC HEARING The Senior Planner stated that the
VA 71-5 Planning Commission approved
GENERAL RESIDENTIAL CORP. Variance Application 71-5 filed
by General Residential Corporation
to permanently utilize a freeway oriented, on-premise sign that~as temporary
approval in the R 3 H District at 2025 N. Bush Street. He stated there is one
sign on the premises which is within the sign ordinance; that the sign applied for
at this time is in violation of the ordinance.
The public hearing was opened by the Mayor. Mr. Nick Barletta of General
Residential Corporation was present and stated that the property is used as
a rest home to house elderly people. This location was chosen in order to have
easy access to the freeway. He stated they are applying to have a 10' X 10', 35'
high temporary sign given permanent status. Mr. Barletta presented a map of the
area, and photographs of the facility and the sign. It was established that there
is a business identification sign on the front of the building.
The Clerk reported no written communications had been received, and there
being no further proponents or opponents in this matter, the Mayor declared
the public hearing closed.
Councilman Evans' motion, seconded by Councilman Herrin, to uphold the decision
of the Planning Commission conditionally approving Variance Application 71-5,
and to instruct the Attorney to prepare the appropriate Resolution, carried on the
following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Griset
Patterson~ Villa, Yamamoto
None
APPEAL Z6Z~ VA 71-1 The Mayor opened the public hearing
LES-SIM, INCo to consider an appeal filed by Les-Sim,
Inc., appealing the requirement to
eliminate the proposed pole sign at the southeast corner of the property in the
A 1 District at Z638 N. Glassell, as a condition of the Planning Commission
approval of Variance ?1-1.
Mr. Fred Simon~ 341 S. Brea Blvd., Brea, was present and stated that there
is a Shell Service Station on the northeast portion of the property where they have
a pole sign; that the property is not large enough to space two pole signs 300~
apart; that there is a six foot wall which blocks the view for people approaching
his business from the south; that the over-all height of the sign will be 16 feet;
that the sign will be set in a planter located at the far southeast corner of the
property; and that the surrounding property owners have no objection. He
presented drawings of the sign.
There were no further proponents or opponents in this matter, and the Clerk
reported no written communications had been received. The Mayor declared
the public hearing closed.
CITY COUNCIL -111- April 5, 1971
APPEAL 262, VA 71-1 LES-SIM, INC. (Continued)
Councilman Markel's motion, seconded by Councilman Herrin, to grant Appeal
262 and instruct the City Attorney to prepare a Resolution granting Variance
Application 71-1 subjedt to all conditions of the Planning Commission except
Condition l-C, failed on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel
Patterson, Villa, Yamamoto, Griset
None
Councilman Patterson's motion, seconded by Councilman Yamamoto, to deny
the appeal and uphold the Planning Commission's ,decision conditionally approving
the Variance carried on the following roll call vote:
AY ES:
NOES:
ABSENT:
Patterson, Villa, Yamamoto, Griset
Herrin, Evans, Markel
None
RECESS
Council members present.
At 9:15 P.M., a five-minute recess
was declared. The meeting
reconven~d at 9:30 P.M., with all
APPEAL 262, VA 71-1
LES-SIM, INCo - (Continued)
Councilman Evans asked if the vote on this matter would be favorable if the size
of the sign were reduced. In response to Councilman Evans' question, Mr. Simon
agreed that the sign might be reduced in size somewhat, but that a 3' X 8' sign would
serve no purpose.
Mayor Griset~s motion, seconded by Councilman Villa, to reconsider the matter
was carried on a 5 - 2 vote, Councilmen Patterson and Yamamoto voting NO.
After further discussion by the staff and Council, Councilman Patterson's motion,
seconded by Councilman Yamamoto, to deny Appeal 262 and to instruct the Attorney
to prepare a resolution granting the Variance subject to the conditions imposed by
the Planning Commission, carried on the following roll call vote:
AYES:
NO ES:
ABSENT:
Patterson, Villa, Yamamoto, Griset
Herrin, Evans, Markel
None
DIAMOND PARK WATER DISTRICT Mr. J.W. Harper, 1634 Diamond
Street, presented a petition
containing 36 names of property
or. lets in the area of the Diamond Park Water District protesting the proposed
installation of sidewalks and curbs. He stated that this is an old tract of mostly
elderly people and improvements of this type would be too costly at this time.
CITY COUNCIL -112- April 5, 1971
DIAMOND PARK WATER DISTRICT - (Continued)
Councilman Patterson stated that the Council has already taken action on
this matter and it has been referred to the staff; and that any protest should
be presented at the public hearing.
Councilman Villa' s motion, seconded by Councilman Patterson, to follow the
Agenda beginning with Item 44, carried on a 6 - i vote, Councilman Evans
voting NO.
LEAGUE OF CALIFORNIA CITIES
SPECIAL DISTRICTS REPORT
Districts Report.
Council considered the twelve
recommendations of the League
of California Cities Special
Councilman Patterson's motion, seconded by Councilman Villa, to recorrn-nend
in favor of Items A-l, 2 and 3 concerning changes in legislation, carried on a
6 - 1 vote, Councilman Markel voting NOo
Recommendation in favor of Item B-4, Consolidation of the Mosquito Abatement
District and the Health Department Fly Control Program, carried unanimously,
on motion of Councilman Patterson, seconded by Councilman Villa.
Councilman Herrin's motion, seconded by Councilman Villa, to recommend in
favor of Item B-5, consolidation of the Orange County Flood Control District,
the Orange County Water District, the Municipal Water District of Orange County,
or any combination thereof, carried on a 6 - 1 vote, Councilman Evans voting NO.
Councilman Villa's motion, seconded by Councilman Herrin, to approve Item B-6,
reorganization of County Sanitation Districts, failed to carry on the following roll
call vote:
AYES:
NOES:
ABSENT:
Herrin, Villa, Yamamoto
Evans, Markel, Patterson, Grlset
None
Councilman Patterson's motion, seconded by Councilman Villa, to recommend
specific actions to investigate, consider, and if appropriate, implement the
reorganization of County Sanitation Districts, carried on the following roll call
vote:
AYES:
NOES:
ABSENT:
Herrin, Markel, Patterson, Villa, Yamamoto, Griset
Evans
None
Councilman Markel's motion, seconded by Councilman Herrin, to recommend in
favor of dissolving the Harbor District (Item B.7) failed to carry on the following
roil call vote:
AYES:
NO ES:
ABSENT:
Her rin, Markel
Evans, Patterson, Villa,
None
Yamamoto, Griset
CITY COUNCIL -113- April 5, 1971
LEAGUE OF CALIFORNIA CITIES
SPECIAL DISTRICTS REPORT - (Continued)
Councilman Patterson's motion, seconded by Councilman Villa, to recommend
in favor of Item B-7, reorganization of the Harbor District, carried on the
following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Villa, Yamamoto, Griset
Herrin, Evans, Markel
None
Councilman Patterson's motion, seconded by Councilman Villa, to recommend
in favor of Item B-8, reorganization to eliminate duplication and improve
efficiency in agencies performing similar functions, carried on a 6 -1 vote,
Councilman Evans voting NO.
Councilman Herrin's motion, seconded by Councilman Patterson, to recommend
in favor o£ Item B-9, the study of new ways to consolidate government services
which can be more effectively performed on a county-wide basis, carried on a
6 - 1 vote, Councilman Evans voting NO.
Recommendation in favor of Item C-10, elimination of special districts and the
establishment of subsidiary districts, carried unanimously, on motion of
Councilman Patterson, seconded by Councilman Villa.
Councilman Patterson's motion, seconded by Councilman Villa, to recommend
investigation, consideration, and if appropriate, consolidation of functions among
cities, such as cooperative joint powers agencies (Item B~ll), carried on the
following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Markel, Patterson, Villa
Evans, Yamamoto, Griset
None
Councilman Villa's motion, seconded by Councilman Patterson, to recommend
in favor of Item C-1Z, that the Orange County Board of Supervisors~ each City
Council, and the Local Agency Formation Commission should each play a
prominent role in the initiation of action to dissolve or consolidate unnecessary
special districts, carried on a 5 - 2 vote, Councilmen Evans and Yamamoto voting
NO.
Councilman Herrin's motion, seconded by Councilman Yamamoto, to support
Assemblyman John Briggs in introducing legislation calling for a vote of the
people on either dissolution of the Orange County Harbor District or expansion
to include the functions of regional parks and beaches, carried on the following
roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Yamamoto
Patterson, Villa, Griset
None
CITY COUNCIL -114- April 5~ 1971
RECESS
present°
At 10:25 P.M., a five-minute recess
was declared. The meeting reconvened
at 10:45 P. M., with all Council members
ORANGE COUNTY HEALTH The report of the City Manager, dated
PLANNING COUNCIL March 19, 1971, on the Orange County
Health Planning Council was considered.
Motion by Councilman Herrin, seconded by Councilman Patterson, to appoint
Mr. Victor Alleman as the City of Santa Ana's consumer representative to the
Orange County Health Planning Council, was unanimously carried.
TRAFFIC SIGNAL REFUND Councilman Markel's motion, seconded
by Councilman Patterson, to deny
the request from Farmers Underwriters
Association for refund of $3,500 deposited with the City to help defray the cost
of installing a traffic signal at Memory Lane and Flower Street, carried on the
following roll call vote:
AYES:
NOES:
ABSENT:
Markel, Patterson, Villa, Griset
Herrin, Evans, Yamamoto
None
ORANGE COUNTY FAIR EXHIBIT On motion of Councilman Patterson,
seconded by Councilman Markel, and
unanimously carried, the request from
the Orange County Fair Association that the City of Santa Aha be represented at the
Fair scheduled for July 13 through 18, was ordered referred to the Santa Aha
Chamber of Commerce.
SURPLUS PROPERTY On motion of Councilman Patterson,
REPORT 71-05 seconded by Councilman Villa, and
unanimously carried, Council
approved Surplus Property Report 71-05 and authorized demolition of the
building at 605 West Fifth Street.
TENTATIVE PARCEL MAP #689
continuance of this matter.
The Clerk announced that a written
request was received from Mr. Hall
of Hall & Foreman, asking for a
On motion of Councilman Villa, seconded by Councilman Patterson and unanimously
carried, consideration of Tentative Parcel IViap #689 was continued to the next
regular Council meeting on Monday, April 19, 1971,
CITY COUNCIL -115- April 5, 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 March 11 through March 30, 1971, inclusive, on motion of
Councilman Herrin, seconded by Councilman Villa and unanimously carried.
DEEDS WITH CASH On motion of Councilman Herrin,
GRANTEE, CITY seconded by Councilman Patterson
and unanimously carried, the
following, deed was approved and the Mayor was authorized to sign all necessary
documents in connection with the purchase:
STONE, ET AL, north side of First Street, west of Flower,
street purposes.
DEEDS, NO CASH On motion of Councilman Herrin,
GRANTOR, CITY seconded by Councilman Patterson
and unanimously carried, the
following deeds were approved and the Mayor and Clerk were authorized to
execute the deeds:
VARIOUS OWNERS OF RECORD, west side of Grand, south
of Fairhaven, vehicular access rights.
VARIOUS OWNERS OF RECORD, south side of McFadden,
west of Village Way, vehicular access rights.
PROJECT 1321 Councilman Herrin's motion,
STREET LIGHTS seconded by Councilman Patterson
authorizing payment of $3, 373.93
to the Southern California Edisnn Company for the installation of 15 street lights
on First Street between Baker and Birch, was unanimously carried.
REIMBURSEMENTS The following reimbursements
were authorized on motion of
Councilman Herrin, seconded
by Councilman Evans, with Councilmen Patterson and Villa dissenting:
Hillhaven Convalescent Hospital, for street improvements on
the south side of First Street from 242 feet to 427 feet west
of Tustin Avenue in exchange for ultimate dedication, VA 69-2-6,
in the amount of $3, 364.14.
State of California, for street improvements on east side of
Grand Avenl~e from First Street to 494 feet south, in the amount
of $3, 550.00.
MOTORCYCLING Councilman Herrin's motion,
seconded by Councilman Patterson
to receive and file report of City
Manager dated April 1, 1971, re Motorcycle Riding on Unimproved Private
Property, carried on a 6 - 1 vote, Councilman Villa voting NO.
CITY COUNCIL -116- April 5, 1971
JUNIOR CHAMBER OF Mr. Merle Larson, Junior Chamber
COMMERCE CHRISTMAS of Commerce presented a check to
PARADE REFUND the City in the amount of $679° 76
representing excess funds from the
Christmas Parade. The letter dated April 5, 1971 from the Junior Chamber of
Commerce re(~uesting that the parcel of land bounded by Santa Ana Boulevard,
Fourth Street and Ross Street, be designated as a Mini-Park and specifically,
dedicated'~Nelson Sass'cer Park'I in memory of the only Police officer to lose his
life in the line of duty, in the entire history of the City of Santa Aha, was referred
to the Parks and Recreation Department on the unanimously carried motion of
Councilman Patterson, seconded by Councilman Herrin.
POLICE INCIDENT Mr. Jess Araujo of the California
Human Resources Development
Department stated he would like
to bring to Council's attention some incidents that occurred during March
of this year. He stated that one of his clients was arrested and jailed as the
result of a head injury sustained on March 14, 1971, by a Police Officer who was
hit by a pool cue. He further stated that on March 16th, Oscar Rodriquez was
shooting pool in the same pool parlor when approximately 8 or 9 men in civilian
clothing entered and started to question him concerning the assult on the officer;
that Mr. Rodriquez sustained a broken nose during this investigation; that he was
told a police investigation was being made and that the matter was also being
referred to the District Attorney for further action, but that a recent check with
the District Attorney's office indicated there had been no referral.
The City Manager assured Mr. Araujo and the Council that the matter is under
investigation, both by the Police Department and the District Attorney's office.
Mr. Araujo further stated that another young man was stopped for a traffic
violation in the same general area of the City, and that in pulling his driver's
license out of his wallet, a clipping pertaining to the previous incident fell out.
He was immediately taken to the Police Department for questioning in connectinn
with the first incident.
The City Manager explained that, since the Police have no definite suspect in
this matter, they must follow every lead, however small.
Mr. A_raujo was assured that the investigation of these incidents will continue~
and if it is found that there has been harassment of any group, appropriate action
will be taken.
SANTA ANA TRANSIT CORPORATION The Clerk presented a letter received
from the Santa Ana Transit Corporation
requesting authority to increase their
fares. The City Manager stated that authority from the Council is not required.
Councilman Herrin's motion, seconded by Councilman Evans, to receive and file
the letter, was unanimously carried.
CITY COUNCIL -117- April 5, 1971
SOLICITATION APPLICATION Applicatinn of the Orange County
ORANGE COUNTY EPILEPSY Epilepsy Society, 2730 North
SOCIETY Main Street, to solicit funds
from April 5 to June 5, 1971,
was approved on motion of Councilman Herrin, seconded by Councilman
Patterson, and unanimously carried.
USE OF CITY PROPERTY Mrs. Janice Boer, 912 N. Lowell,
stated she would like to report
an illegal use of City property.
She stated that at the Senior Citizen's Golden Anniversary Dinner, held on
City property, political speeches were made. The City Manager stated that
City property is public property and the citizens of the City may use it as they
wish.
ADJOURNMENT
at the City Hall Annex.
At 11:55 P.M., the Mayor declared
the meeting to be adjourned to
Tuesday, April 13, 1971~ at 7:30 P.M.,
Florence I. Malone
CITY COUNCIL -118- April 5~ 1971