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HomeMy WebLinkAbout06-21-1971MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA June 21, 1971 The meeting was called to order at 2:10 P.M., in the Council Chambers of the City Hall Annex, 500 West Sixth Street, with the following Councilmen present: Vernon S. Evans, Wade Herrin, J. Ogden Markel, Ray Villa, Harry K. Yamamoto, and Mayor Lorin Griset. Also present were City Manager Carl J. Thornton, City Attorney James A. Withers, Director of Public Works Ronald Wolford, Director of Planning Herbert Wieland, and Clerk of the Council Florence I. Malone. Councilman Jerry M. Patterson arrived at 2:55 P.M. MINUTES The Minutes of the Regular Meeting of June 7, 1971, and the Adjourned Regular Meetings of June 1, 1971, and June 3, 1971, were approved as submitted, on motion of Councilman Villa, seconded by Councilman Evans, and unanimously carried. EXECUTIVE SESSION At 2:15 P.M. , the meeting was adjourned to an Executive Session to consider applications for appointment to the various Boards and Commissions and any pending legal matters. The meeting reconvened at 4:00 P.M., with all Council members present. The Mayor announced that in Executive Session the Council decided to invite three candidates for appointment to the vacancies on the Museum Board, Personnel Board, and Planning Commission to be interviewed at the next regular meeting of the Council on July 6, 1971, following which time the announcements will be made for those respective positions. On motion of Councilman Herrin, seconded by Councilman Evans, and unanimously carried, Council reappointed the following persons to their respective positions, effective July 1, 197h George N. Hale Everett Winters La Velle Sanders Jack N. Hall Lois Mackay Bowers Memorial Museum ]Board Santa Ana Personnel Board Santa Ana Planning Commission Santa Ana Planning Commission Santa Aha Board of Recreation and Parks AGENDA ORDER On motion of Councilman Herrin, seconded by Councilman Villa, and unanimously carried, Council voted to consider Agenda Items #30 and #41 next. CITY COUNCIL -204- June 21, 1971 AGREEMENT Amendment to the Refu~e Collection GREAT WESTERN RECLAMATION contract between the City of Santa Ana and Great Western Reclamation, Inc., providing for a cost increase of $~15 per water meter, as requested in their letter to the City Council dated June 14, 1971, was approved, and its execution authorized by the Mayor and Clerk on motion of Councilman Villa, seconded by Councilman Yamamoto, and unanimously carried. VA 71-7 FIRST WESTERN BANK AND RINKER DEVELOPMENT CORPORA TION A letter from Rinker Development Corporation dated June 11, 1971, was presented for consideration. Mr. Harold B. Hembree, Vice President of the Rinker Development Corporation, stated that there has been a problem in finding a tenant for the property at Bristol and MacArthur because of the flood control channel and the smail frontage. He stated they are working with the Orange County Flood Control District to resolve the problem of the c~hahnel through the property, and that they are requesting the Council to approve an opening in the median on Bristol Street 570 feet south of MacArthur Boulevard to provide a left-turn pocket that would give direct access to the property. The consensus ~vas that the center opening of the median, which is to be signalized, would provide adequate access to the property. Councilman ~illi's motion, seconded by Councilman Patterson, to deny the request for an a~kii%ional opening in the Bristol Street median, carried on the following roll call vote: AYES: Villa, Patterson, Evans, Herrin, Griset, Yamamoto, Markel NOES: None ABSENT: None PROJECT 6043 On motion of Councilman Herrin, PRENTICE PARK POND seconded by Councilman Yamamoto, and unanimously carried, Council ordered filed report of bids received for Project 6043, to construct concrete . lined pond in Prentice Park; and rejected all bids. SPEC. 371-120 On moiion of Councilman Herrin, MASTIC JOINT SEALER seconded by Councilman Yamarnoto, and unanimously carried, Council ordered filed report of bids received for Specification 371-120, Hot Pour Rubberized Mastic Joint Sealer, annual requirement, Julyl, 1971 to June 30, 1972; awarded contract to the low bidder, Edoco Construction & E,quipment Corporation, Long Beack; and rejected all other bids. CITY COUNCIL -205- June 21, 1971 SPEC~. 381-105 On motion of Councilman Herrin, GA SOLINE seconded by Councilman Evans, and unanimously carried~ Council ordered filed report of bids received for Specification 351-105, Gasoline, annual requirement; awarded contract as follows, on a unit price basis: Del. Regular 7/8000 Del. Premium 7/8000 Del. Premium 600/1000 Approx. 97~ 000 gals. to Standard Oil at $; 179 gal. Approx. 252; 000 gals. to Shell Oil at $.1940 gal. Approx. 26,000 gals. to Texaco at $. 20 gal. All other bids were rejected. SPEC. 641-237 On motion of Councilman Herrin, BACTERIOLOGICAL WATER seconded by Councilman Yamamoto, SAMPLE TEST AND REPORT and unanimously carried, Council ordered f]led report of bids received for Specification 641-237~ Bacteriological Water Sample, Test and Report, annual requirement; awarded contract to Associated Laboratories, Orange, on a unit price basis as the best bid of two identical prices. All other bids were rejected. BID CALLS 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: PROJECT 5011 - Construct traffic signal interconnect systems on Fifth Street from Broadway to French Street and to French and Fourth Streets; on Fairview Street from Fifth Street to Civic Center Drive West; install pedestrian signal heads at Third Street and Broadway~ Bristol Street and Warner Avenue and at Seventeenth Street and Broadway; opening July 9, 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. NS-1082 REAL ESTATE BROKERS' COMMISSION motion of Councilman Herrin, the following roll call vote: ORDINANCE NS-1082 AMENDING THE SANTA ANA MUNICIPAL CODE BY AMENDING SECTION 2-707 THEREOF was adopted, on seconded by Councilman Evans, and carried on AYES: NOES: ABSENT: Herrin, Evans, Villa, Griset, None None Yamamoto, Patterson, Markel CITY COUNCIL -206- June 21, 1971 ORD. NS-1063 ORDINANCE NS-1083 CHANGING AMENDMENT APPLICATION #683 DISTRICT CLASSIFICATION ON PLANNING COMMISSION AMENDMENT APPLICATION #683 INITIATED BY THE PLANNING COMMISSION AND AMENDING SECTIONAL DISTRICT,MAP 29-5-9 (EXHIBIT AA 683 A) was adopted, on motion of Councilman Herrin, seconded by Councilman Evans, and carried on the following roll call vote: AYES: Herrin, Evans, NOES: None ABSENT: None Villa, Griset, Yamamoto, Patterson, Markel ORD. NS-1084 ORDINANCE NS4 084 AMENDING CONSTRUCTION WATER SECTION 39-29 OF THE SANTA ANA MUNICIPAL CODE RELATING TO CONSTRUCTION WATER FOR SUBDIVISIONS AND OTHER DEVELOPMENTS was adopted, on motion of Councilman Herrin, seconded by Councilman Yamamoto, and carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Yamamoto, Villa, Evans, Griset, Patterson, Markel None None RES. 71-57 RESOLUTION 71-57 OVERRULING H & J MABURY COMPANY THE DECISION OF THE PLANNING COMMISSION AND GRANTING A VARIANCE ON VARIANCE APPLICATION 71-17, SUBJECT TO CERTAIN APPLICABLE CONDITIONS was adopted, on motion of Councilman Herrin, seconded by Councilman Evans, and carried on the following roll call vote: AYES: Herrin, Evans, Villa, Griset, Yamamoto NOES: Patterson, Markel ABSENT: None RES. 71-60 RESOLUTION 71-60 OF THE CITY ARTERIAL HIGHWAY PROGRAM COUNCIL OF THE CITY OF SANTA ANA TO PROVIDE ANNUAL REQUALIFICATIONS FOR PARTICIPATION IN THE ARTERIAL HIGHWAY FINANCING PROGRAM was adopted on motion of Councilman Herrin, seconded by Councilman Villa, and carried on the following roll call vote: AYES: Herrin, Villa, Evans, Griset, Yamamoto, Patterson, Markel NOES: None ABSENT: None CITY COUNCIL -207- June 21, 1971 RES. 71-62 RESOLUTION 71-62 OF THE CITY ORANGE COUNTY CRIMINAL OF SANTA ANA RECOGNIZING JUSTICE COUNCIL THE ORANGE COUNTY CRIMINAL JUSTICE COUNCIL AS THE REGIONAL CRIMINAL JUSTICE PLANNING BOARD, was adopted, on motion of Councilman Yamamoto, seconded by Councilman Villa, and carried on a 5 - 2 vote, Councilmen Herrin and Markel dissenting. AGREEMENT Lease Agreement between the City SOUTHERN CALIFORNIA WATER of Santa Ana and the Southern COMPANY California Water Company for rental of property at 618 North Figueroa Street for purposes of a minipark, was approved, and its execution by the Mayor and Clerk authorized, on motion of Councilman Evans, seconded by Councilman Yamamoto, and unanimously carried. ALCOHOLIC BEVERAGE LICENSE It was moved by Councilman Herrin, APPLICATIONS seconded by Councilman Evans, and carried on a 6 - 1 vote. Councilman Yamamoto dissenting, to receive and file the following Alcoholic Beverage License applications: EL BARt~t~E, 105 N. Broadway, On sale Beer, Person Transfer; 7-11 MARKET, 2231-F West Fifth Street,, Off Sale Beer & Wine, Person Transfer; J&M MARKET, 4622 W. Bolsa, Off Sale Beer & Wine~ Person Transfer; SILVER FOX, 1411 E. First Street, On Sale Beer, New Original; JIM'S LIQUOR, 2120 Bristol, Off Sale General, Person Transfer. SOLICITATION APPLICATION The following Solicitation Application was approved on motion of Coancilman Evans, seconded by Councilman Herrin, and ur~animously carried: SANTA ANA POLICEMEN ASSOCIATION, softball game with KWIZ disc jockeys on July 2, 1971, to raise funds for Riverdale School for Retarded Children. VARIANCES AND The following applications were CONDITIONAL USE PERMITS received and ordered filed, on motion of Councilman Patterson, seconded by Councilman Evans, and unanim~yusly carried: EX 71-5, CLAYTON V. ROUGH - To convert existing garage to den and construct a lwo-car garage to within 8 feet of the rear property line in the R 1 District at 1620 E. Stafford Street; APPROVED. CITY COUNCIL -208 .- June 21, 1971 VARIANCES AND CONDITIONAL USE PERMITS - (Continued) VA 71-28, J. A. BERGUM - To construct a two-story garden apartment complex in the C 2 District at 1375 W. Warner Avenue; DENIED. CUP 71-15, VERNON O. MICHAELSON - To permit retail sales in the M 1 District at 3412 Westminster Avenue; APPROVED. PROPOSED EDISON Notice dated June 4, 1971, SANTA ANA HELIPORT from Department of Transportation, Federal Aviation Administration, concer~ing a proposed Edison Santa Ana Heliport to be located approximately 475' south of McFadden Avenue and 425' east of Grand Avenue, was received and ordered filed on motion of Councilman Herrin, seconded by Councilman Yamamoto, and unanimously carried. 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 June 2 through June 15, 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 Evans, and carried on a 6 - 1 vote, Council- man Markel voting NO, the following deed was approved and the Mayor was authorized to sign all necessary documents in connection with the purchase: REYES, north side of First Street, east of Daisy, street purposes. On motion of Councilman Herrin, seconded by Councilman Evans, and unanimously carried, the following deed was approved and the Mayor was authorized to sign all necessary documents in connection with the purchase: SOUTHERN PACIFIC TRANSPORTATION COMPANY, Dyer Road, east of Flower, water easement. DEEDS, NO CASH On motion of Councilman Herrin, GRANTOR, CITY seconded by Councilman Yamamoto, and unanimously carried, the following deeds were approved and the Mayor and Clerk were authorized to execute the deeds: VARIOUS OWNERS OF RECORD, north side of 17th, west side of Grand, vehicular access rights. CITY COUNCIL -209- June 21, 1971 1971-72 BUDGET On motion of Councilman Herrin, seconded by Councilman Patterson, and unanimously carried, a public hearing on the 1971-72 Budget was set at the Regular Council meeting o£ J..uly 19, 1971, at 7:30 P.M., in the Council Chambers, City Hall Annex, 500 West Sixth Street. Council also set the first Budget study session on Monday, June 28, 1971, at 7:30 P.M., at the Saddleback Inn, 1660 East First Street. RULES OF PROCEDURE On motion of Councilman Herrin, seconded by Councilman Patterson, and unanimously carried, the matter was continued to the next Regular Meeting on July 6, 1971, in order that the Council may meet with the Planning Commission to discuss the procedure. REIMBURSEMENT Evans, and unanimously carried: The following reimbursement was authorized on motion of Councilman Markel, seconded by Councilman BARCLAYS BANK OF CALIFORNIA, lll Pine Street, San Francisco~ for street improvements on east side of Grand Avenue from 232' to 691' south of Edinger Avenue, in exchange for ultimate dedication on Grand Avenue, CUP 71-'4, in the amount of $6, 767.37. BUDGET TRANSFERS On motion of Councilman Patterson, seconded by Councilman Yamamoto, and unanimously carried, the following requests for transfer of funds were approved: APPROPRIATION ADJUSTMENT #109, to transfer $1,000.00 from account 11-322-141 to account 11-329-381 to cover operating expenses for apparatus and equipment. APPROPRIATION ADJUSTMENT #136, to transfer $1,800.00 from account 11-332-111 to account 51-332-641 to cover purchase of Nyematic Recorder and Transcriber machine. CIVIC CENTER On motion of Councilman Herrin, and seconded by Councilman Yamamoto, Council approved the transfer of all unexpended funds remaining from the first increment of the Civic Center Mall construction fund, amounting to approximately $56, 000, to the Civic Center Plaza of the Fountains project in order that the Civic Center Commission may award the contract in the amount of $716, 974; and authorized an additional allocation of $20,000 from Fund 52-119 to the Plaza of the Fountains project, Motion carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Yamamoto, Villa, Evans~ Griset, Patterson Markel None CITY COUNCIL -210- June 21, 1971 PARKRIDGE ESTATES Mr. Leonard Hampel of the law firm of Rutan & Tucker, spoke regarding the matter ~f the Parkridge Estates, which was referred to the staff at the lasl meeting for a report. He stated thai his client has developed 31 6, 000 square feet lots with duplexes on each lot; that the City has approved Tentative and Final Tract Map 7287; that the Real Estate Commissioner has approved the Tract as a "Community Apartment Project"; that his client is prepared to begin sales of the individual units as permitted in a "Community Apartment Project". Pie further stated that a question of legality has arisen in conjunction with this plan within the meaning of the Santa Ana Municipal Code; i.e., whether a lot split would be required in order to proceed with the sale of the individual units. He requested thai the Council initiate a minute motion that to its best knowledge, Parkridge Estates would not be violating any City ordinance if they proceed with the sale of the units as indicated. In response to a request from Councilman Evans for a ruling on a possible conflict of interest by reason of the fact that the policies of title on the Tract are being processed by his firm, the City Attorney ruled that there was no conflict. Councilman Villa's motion, seconded by Councilman Evans, to refer the matter to the City Attorney for a legal opinion failed on the following roll call vote: AYES: Villa, Evans, Herrin NOES: Griset, Yamamoto, Patterson, ABSENT: None Markel Councilman Patterson's motion, seconded by Councilman Villa that there is no violation of the Santa Ana l~t~iCipal Code minimum lot size requirements in the ~'Parki'idg~ Estates" development was approved on the following roll call vote: AYES: Patterson, Villa, Evans, Herrin, Griset, Markel NOES: Yamamoto ABSENT: None FIREWORKS STAND PERMIT On motion of Councilman Villa, LULAC seconded by Councilman Yamamoto, and unanimously carried, the Council waived the Municipal Code requirement for submission of application for a fireworks stand permit on or before June 1, 1971, as requested by Mr. Robert Rivas, representing LULAC, and insti~cted the Fire Chief to process the application according to all other provisions of the Code. CITY COUNCIL -211- June 21, 1971 CITY POPULATION as 165,200 effective April 1, 1971. The City Manager announced that the State Department of Finance had certified the City's population BLOCK PARTY It was moved by Councilman Patterson, seconded by Councilman Evans and unanimously carried, to approve the oral request of Mrs. Leola S. Payne, 913 S. Karen, to close off Karen Street from Flight Street and Kent Street on July 5, 1971, subject to the normal procedural requirements. RECESS At 5:40 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 Galal Gough of the First Methodist Church. FOREIGN EXCHANGE The Mayor introduced three STUDENTS RECOGNITION students who have been attending Santa Aha high schools the past year under the Foreign Exchange Student Program. He presented proclamations and key chains with keys to the City to Purificacion Villares-Mallo from Barcellone, Spain; Mirtha Chang-O from Tarapasa, Chile; and Rita Shamash from Tehran, Iran. After polling the audience to determine the number of persons wishing to speak in connection with each Public Hearing set for the evening, Council agreed to consider Agenda Items in the following order: #74, 70, 73, 72 and 71~ PUBLIC HEARING SPECIFIC PLAN STREET ALIGNMENT #42 Street. The Mayor opened the public hearing concerning the proposed improvement of Bristol Street between Martha Lane and 21st The Clerk reported no written communications had been received, and there being no opponents or proponents, the Mayor declared the public hearing closed. Councilman Herrin's motion, seconded by Councilman Yamamoto, to approve Specific Plan Street Alignment #42, and to instruct the City Attorney to prepare the necessary ordinance, carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Yamamoto, Villa, Evans~ Griset, Patterson, Markel None None CITY COUNCIL -212- June 21, 1971 PUBLIC HEARING The Mayor opened the public APPLICATION TO OPERATE hearing of an appeal filed by Peter A TAXICAB !R. Rainbo from Police Chief's denial of a permit to operate a taxicab in the City of Santa Ana. Mr. Rainbo was present and stated that although he has had trouble with the police for a number of years, he is now married and is trying to find a good job to support his family. The Clerk reported no written communications had been received, and there being no further proponents or opponents in the matter, the Mayor declared the public hearing closed. Councilmen Herrin and Markel stated that, although they would like to find a way to assist the applicant, they believed that he ~hohld pursue an occupation that would not involve transportation of people. Councilman PIerrin's motion, seconded by Councilman Markel, to deny the appeal to operate a taxicab failed to carry on the following roll call vote: AYES: NOES: ABSENT: Herrin, Markel, Griset Villa, Evans, Yamamoto, Patterson None After further discussion in which the consensus was that the applicant should be given a chance to prove his sincerity, by motion of Councilman Villa, seconded by Councilman Yamamoto, and unanimously carried, Council overruled the action of the Police Chief and instructed him to issue a driver's permit to operate a taxicab to Mr. Peter Rambo for a period of six months, with the condition that it will be revoked if the applicant breaks the law in any manner, including traffic citations. PUBLIC HEARING Councilman Villa's motion, LEASED HOUSING PROGRAM seconded by Councilman Evans, to continue this matter to the next regular meeting on July 6, 1971, at 7:30 P.M., in order to give additional publicity to the hearing, carried on the following roll call vote: AYES: Villa, Evans, Herrin, Markel NOES: Griset, Yamamoto, Patterson ABSENT: None RECESS all Council members present. At 8:25 P.M., a ten-minute recess was declared. Council reconvened at 8:35 P. M., with CITY COUNCIL -213- June 21, 1971 PUBLIC HEARING The Director of Planning briefly APPEAL #274 - CUP 71-13 reviewed the reasons for the VAN SMOOT request for a new Conditional Use Permit to expand an existing rest home in the 1~ 1 District at 2131 S. Parton Street. The Clerk read two communications opposing CUP 71-13 and 71-L4 received from Mr. and Mrs. J.E. Berger, owners of the property al 2136 South Van Ness and Mrs. Anne Robinson, 2135 S. Van Ness Street. Councilman Herrin's motion to receive and file the two communications was seconded by Councilman Markel and carried unanimously. The Mayor opened the public hearing. The following people spoke in favor of the appeal: Mr. Van Smoot, 2101 S. Parton Street Mr. Herman Maricelli, 2136 South Patton Street Mr. Merlen Hanson~ 2147 South Patton Street Mrs. Merlen Hanson~ 2147 South Parton Street Mrs. James Vail, 2132 So. Van Ness Mr. Frank Watson~ 2144 South Parton Street Mrs. Gloria Ryan, 2112 So. Van Ness These people were opposed to the approval of Conditional Use Permit 71-13, based on the illegal expansion of the rest home at 2131 South Parton. They stated that neighbors do not object to the original Conditional Use Permit providing a home for elderly people, but claim that in the past there have been alcoholics in the home; that the buildings come to only 3' from neighboring homes; that there is no provision for off-street parking; and suggested that there should be a fence entirely around the rest home property. Mrs. Margaret Brennan, 2131 South Parton, owner and operator of the rest home stated that at the present time she has four guests, two men and two women, the youngest 63 years old and the oldest, 86; that due to physical disabilities they seldom leave the rest home unless accompanying a relative or friend who is visiting them; that the rear building was partitioned to provide storage and an additional room for TV, cards, and visiting with fi~iends; that she has no alcoholics at her guest home; and that her guests do not take up much parking space. There being no further proponents or opponents, the Mayor closed the public hearing. After discussion as to the modification of the building, and whether or not this would allow an additional number of guests at the rest home, Councilman Patterson's motion, seconded by Councilman Yamamoto, to uphold the action of the Planning Commission and instruct the City Attorney to prepare a resolutinn approving Conditional Use Permit 71-13 with regard to the expansion of the physical part of the rest home, and to limit the number of people to seven, as contained in conditions of Conditional Use Permit 68-13, carried on the following roll call vote: AYES: Patterson, Yamamoto, Villa, Herrin, Griset, Markel NOES: Evans ABSENT: None CITY COUNCIL -214- June 21, 1971 PUBLIC HEARING Director of Planning stated APPEAL #273 - CUP 71-14 that originally the property at DOIROTHY M. GIRDLESTONE 2135 South Patton and that at 2131 South Parton, which was involved in the previous hearing on Appeal #274, were owned by the same person; that at the time Conditional Use Permit 68-13 was granted, it was for a rest home at 2131 South Parton, with the rear yard at 2135 South Patton to be used for recreational purposes; that since that time, a rest home has been illegally operated at 2135 South Parton, When this was discovered, a request for a Conditional Use Permit was processed and denied by the Planning Commission. The Clerk reported that the two communications read in connection with Appeal #274 also apply to this appeal. The Mayor opened the public hearing. Mrs. Dorothy Girdlestone, 2135 South Parton Street, stated that when she acquired the property it was sold to her as an existing rest home, and she did not know there was a violation until about two months ago when there was a fire inspection; that her guests are people who do not have the ability to care for themselves and can't afford a convalescent home; that they are mainly returned veterans, people with birth defects, and other illnesses, ranging in age from 36 to 62; and that none are criminals. The following persons spoke in favor of the appeal: Mr. Don Shrontz, 259 N. Prospect, Orange Mr. Allen Girdlestone, 2075 S, Sycamore, Santa Ana It was stated that the yards have been maintained, that the buildings have been redocorated inside and out; that only about half of the guests ever walk in the neighborhood; that there is a housekeeper on duty 24 hours a day; that if there are problems or complaints from the neighbors, Mrs. Girdlestone would be anxious to cooperate in correcting them. The following persons spoke in opposition to the appeal: Mr. Frank Watson, 2144 S. Patton Street Mr, Merlen Hanson, 21.47 S. Parton Street Mrs. Ron Lytle, 2115 S. Van Ness Mr. Herman Maricelli, 2136 S. Patton Street Mrs. Gloria Ryan, 2112 S. Van Ness Mr. Van Smoot, 2101 S. Parton Street Mrs. Merlen Hanson, 2147 S. Parton Street Mrs. Sandra Gregory, 2116 S. Patton Street Mrs. J.E. Berger, 2136 S. Van Ness Opponents stated that they do not object to elderly people in the homes, but that in the past six to eight months there have been other, undesirable people in this home, people who are mentally retarded, and that this type of home should not be permited in an IR 1 zone. CITY COUNCIL -215- June 21, 1971 PUBLIC HEARING APPEAL #273 - CUP 71-14 DOROTHY M. GIRDLESTONE - (Continued) There were no further proponents or opponents in this matter, and the Mayor closed the public hearing. RECESS all Council members present. At 10:00 P.M,, a five-minute recess was declared. Council reconvened at 10:05 P.M., with In response to Councilman Patterson's question, the Director of Planning stated that the definition of a boardinghouse is "a building where lodging and meals are provided for compensation for not less than three (3) and not more than ten (10) persons, but shall not include rest homes or convalescent homes" and that a rest home, or convalescent home~ is a home in which "nursing, dieting or other personal services are furnished to convalescents, invalids and aged persons~ but in which are kept no persons suffering from a mental sickness, disease, disorder or ailment, or from a contagious disease After discussion, the consensus was that a home of the type conducted at this location should be confined to an area where such businesses are permitted. Councilman Herrin's motion, seconded by Councilman Evans, to uphold the action of the Planning Commission and instruct the City Attorney to prepare a resolution denying Conditional Use Permit 71-14, carried on the following roll call vote: AYES: Herrin, Evans, NOES: None ABSENT: None Villa, Griset, Yamamotoo Patterson, Markel STREET REPAIR On motion of Councilman Patterson, PINE AND BRISTOL STREETS seconded by Councilman Markel, and unanimously carried, Council instructed the Director of Public Works to issue notices to construct improvements under Chapter 27 of the Improvement Act of 1911 to the owners of the unimproved property on Pine Street between Pacific Avenue and Bristol Street and between Bristol Street and Baker Street. HUMAN RELATIONS COMMISSION The Reverend Galal Gough spoke in regard to employment problems in Santa Ana. He stated that there are insufficient summer jobs to deal with the need; that highly skilled and well- CITY COUNCIL -216- June 21, 1971 HUMAN RELATIONS COMMISSION - (Continued) experienced people are forced to accept employment they would normally be over-qualified fur; that Human Resources Development feels they will be able to make available approximately 300 jobs for youth in the County; that other organizations such as the Chamber of Commerce, Neighborhood Youth Corps, and Santa Ana Youth Employment Services are also working on this program; and that it is the hope of the Human Relations Commission that the City will authorize a summer research program for 1972. Mr. Norman Corbin spoke regarding the Affirmative Action Program. I-Ie stated that specific segments of the community are being denied equal rights of employment; that the Affirmative Action Program is a national issue, and urged that the City Council adopt such a program as soon as possible. Mayor Griset stated that the Staff will present a report to the Council on the Affirmative Action Program sometime during the month of July and that Mr. Corbin will be notified of the time so that he may be present. Reverend Gough requested that the hours at recreational facilities be maintained at the level of 1970 summer hours. The City Manager stated that the new budget being presented to the City Council is a "diminished service budget"; that more money has been allotted for recreational facilities, but there are more facilities to be serviced. Mayor Griset and Councilman Patterson stated that they would like to have the summer recreational program maintained on as high a level as possible; and that this matter will be considered during the Budget Study. Mrs. Shirley Cohen reviewed the Summer Food Program for Children which is conducted by the Veterans Charitable Foundation. She stated it is felt that this program is very beneficial to children in low-income areas; that all food is purchased and prepared by staff and volunteers of the Foundation at 201 South Sullivan. She stated that through the National School Lunch Act the Federal Government provides 80% of the funds needed for the program the year round; that the State Government provides the other 20%, but only during the school year, which makes it necessary to raise the additional 20%, or approximately $2,500, for the summer program; that they have been unsuccessful in their attempts to raise this amount of money and are requesting the City to transfer funds from the Human Relations Commission budget to the Park and Recreation Department budget. Both the Human Relations Commission and the Recreation Department endorse this request. In response to questions, Mrs. Cohen stated that the program is available to all children present, not on the basis of need; that to deny a child or to require payment from those who can afford to pay would be discriminatory, which is prohibited by the Federal act. CITY COUNCIL -217- June 21, 1971 HUMAN RELATIONS COMMISSION - (Continued) Mr. Cliff Fraizer, 2049 South Halladay, spoke in opposition to the transfer of funds to the Summer Food Program, stating thai a precedent would be established by assuming the responsibility of the Welfare Department. He suggested using young people, and possibly some older people, who need employment to salvage obsolele school buildings, selling the material, and providing money for the program in this manner. Mr. Wayne Brown, 432 S, Harbor, also spoke in opposition to the program, stating that only children who need the assistance should be fed. Mr. Baldwin Keenan, 1014 W. Bishop, representing the Delhi organization, stated that he has observed the children being fed; that the largest percentage of children come from homes where mothers are on welfare and unable to provide well-balanced, nutritional lunches for their children. On motion of Councilman Villa, seconded by Councilman Patterson~ Council authorized a budget transfer in the amount of $2,500 from account 11-123-251 to account 23-298-291 to assist in the Summer Food Program for Children. Reverend Gough stated ii is difficult to predict all of the items that will be brought before the Commission meetings, and requested that a staff member be assigned to attend the meetings in order to respond to questions and provide information to the Commission as necessary. The City Manager stated that the Staff believes they should not control, guide, direct~ or have any direct influence on the free operation of this Commission. Councilman Patterson's motion, seconded by Councilman Villa, that a sub- committee composed of the City Manager, City Attorney, Human Relations Commission Chairman~ and two Councilmen be formed to resolve the question of relationship between the Commission and the City Staff, carried on a 6 - 1 vote, Councilman Markel dissenting. The Mayor appointed Councilmen Patterson and Herrin as representative~ to the subcommittee~ AFFIRMATIVE ACTION PROGRAM Mr. Cliff Fraizer, 2049 S. Halladay, spoke in opposition to the Affirmative Action Program. Councilman Villa stated that the program was initiated by President Nixon~ Executive Order #4, RECREATIONAL FACILITIES Councilman Patterson stated that SUMMER PROGRAM with the high level of unemployment in the area, it was important that hours of operation for recreational facilities should be at least at the same level as in 1970, His motion that the Council express its policy to continue the summer recreational program at the level of the 1970 summer program died for lack of a second. Councilman Markel recommended that all Human Relations Commission matters should be placed early on the agendau CITY COUNCIL -218- June 21, 1971 ORAL COMMUNICATIONS Councilman Evans read a letter dated June 17, 1971 from C.M. Harper, et al, expressing opposition to the bus line being purchased or subsidized by the City. Councilman Herrin's motion, seconded by Councilman Evans, to receive and file the letter, was unanimously carried. Councilman Villa suggested that the Utility User Tax should be reconsidered. He requested that the matter be referred to Staff to prepare for discussion at the Adjourned Regular Meeting to be held on June 28, 1971. Councilman Patterson asked the Staff to have available at the June 28th meeting, the latest possible information on the "Tippler's Tax" and the 5% sales tax on gasoline purchases. He also mentioned that the Federal Public Employment Act very likely will be approved soon. The Mayor announced that it has been suggested that the City Council meet in a joint dinner meeting with the Planning Commission at the Saddleback Inn on June 28th, at 5:30 P. M., for the purpose of studying the Rules of Procedure for Council and Commission meetings. Mr. Cliff Fraizer spoke concerning possible discrimination in allotting time to those wishing to speak before the Council. Councilman Villa's motion to adjourn, seconded by Councilman Patterson, was defeated on the following roll call vote: AYES: NOES: ABSENT: Villa, Patterson, Yamamoto Evans, Herrin, Griset, Markel None Mr. Fraizer continued to speak on the above matter, requesting that the subject be considered at the next Executive Session. ADJOURNMENT On motion of Councilman Patterson, seconded by Councilman t~Ierrin, and unanimously carried, the meeting was adjourned at 12:15 P.M., to Monday, June 28, 1971, at 5:30 P. M., in the Westwinds Room of the Saddleback Inn. Florence I. Malone Clerk of the Council CITY COUNCIL -219- June 21, 1971