HomeMy WebLinkAbout09-07-1971MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
September 7, 1971
The meeting was called to order at 2:10 P. M., in the Council Chambers
of the City Hall Annex, 530 North Ross Street, with the following Council-
men present: Vernon S. Evans, Wade Herrin, J. Ogden Markel, Ray
Villa, Harry K. Yamamoto, and Mayor Lorin Griset. Councilman
Patterson arrived at 2:40 P.M. 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.
MINUTES The Minutes of the Regular
Meeting of August 16, 1971,
were approved as submitted,
on motion of Councilman Villa, seconded by Councilman Herrin, and
unanimously carried.
PROJECT 1326A On motion of Councilman
BOX CULVERT Yamamoto, seconded by
Councilman Villa, and
unanimously carried, Council ordered filed report of bids received
for Project 1326A, to construct reinforced concrete box culvert at
MacArthur Boulevard and the F-2 Channel; awarded contract to Ecco
Construction, Inc., Santa Aha, on the basis of low bid; and rejected all
other bids.
PROJECT 6041A On motion of Councilman
RECREATION BUILDING Herrin, seconded by Council-
man Yamamoto, and unanimously
carried, Council ordered filed report of bids received for Project 604LA,
to construct a recreation building in Sandpointe Park; awarded contract to
K R W Corporation, La Habra, on the basis of low bid; and rejected all other
bids.
BID CALLS On motion of Councilman Her~in,
seconded by Councilman
Yamamoto, and unanimously
carried, Council approved plans and specifications and authorized advertising
for bids on the following:
PROJECT 2012 - Construct Dyer Road from Flov~er Street
to Main Street, and
CITY COUNCIL -290- September 7, 1971
BID CALLS - (Continued)
PROJECT 1322 - Construct Flower Street from Sunflower
Avenue to MacArthur Boulevard; opening date October
11, 1971.
PROJECT 6045 - Install lighting at two ball fields in
Centennial Park; opening date October 11, 1971.
SPEC. 641-245 - 20 park benches and 43 picnic tables;
opening date September 21, 1971.
SPEC. 641-246 - Street sweeper; opening date September
30, 1971.
SPEC. 641-247 - One each, Stump Cutter; opening date
September 21, 1971.
SPEC. 641-248 - Six-channel Polygraph and Desk;
opening date September 23, 1971.
READING WAIVED On motion of Councilman
Herrin, seconded by Council-
man Evans, and unanimously
carried, the full reading of ordinances and resolutions, the titles of
which appeared on the public agenda, was waived.
ORD. NS-1091 ORDINANCE NS-1091
TRANSIENT OCCUPANCY TAX PROVIDING FOR TRANSIENT
OCCUPANCY TAX was
adopted, on motion of Councilman Evans, seconded by Councilman Villa,
and carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Evans, Villa, Griset, Yamamoto
Herrin, Markel
Patterson
Prior to voting on the ordinance, Mrs. Noreen Sutton, 2211 East First
Street, spoke in opposition to the tax. She stated that she is the owner
of the Wishing Well Motel; that this tax is an inconvenience to the guest
and a nuisance to the lodging operator; that collection of a room tax by
motels is considerably more complicated than collecting sales taxes;
that each exemption requires documentation and additional accounting;
that the tax is discriminatory; and that the motel/hotel owners will fight
the matter in Court, if necessary.
CITY COUNCIL -291- September 7, 1971
ORD. NS-1092 ORDINANCE NS-1092 OF THE
RATE OF+ TAXATION CITY OF SANTA ANA,
FISCAL YEAR 1971-72 CALIFORNIA FIXING THE
AMOUNT OF MONEY
ASCERTAINED TO FINANCE OPERATING AND CAPITAL EXPENDITURE
COSTS OF THE VARIOUS DEPARTMENTS OF THE CITY, AND TO PAY
THE BONDED INDEBTEDNESS FALLING DUE FOR THE CURRENT FISCAL
YEAR 1971-72 FIXING THE RATE OF TAXATION FOR SAID CURRENT
FISCAL YEAR, AND DESIGNATING THE NUMBER OF CENTS OF TAX ON
EACH $100.00 OF ASSESSED VALUE FOR THE VARIOUS FUNDS OF SAID
CITY HEREBY LEVIED ON THE WHOLE OF THE TAXABLE PROPERTY
IN SAID CITY was adopted, on motion of Councilman Herrin, seconded by
Councilman Evans, and carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Villa, Griset, Yamamoto
Markel
Patterson
RES. 71-77 RESOLUTION 71-77
ASSESSMENT DISTRICT NO. 225 DESIGNATING NEWSPAPER -
ASSESSMENT DISTRICT NO.
225, SANTA ANA, CALIFORNIA, was adopted on motion of Councilman
Markel, seconded by Councilman Evans, and unanimously carried.
RES. 71-78 There was discussion concerning
ASSESSMENT DISTRICT NO. 225 the best date for a public hearing
on this matter, and the consensus
was that the suggested date of October 4 should be changed to November 1.
RESOLUTION 71-78 APPROVING ASSESSMENT DISTRICT MAP - ASSESS-
MENT DISTRICT NO. 225, SANTA ANA, CALIFORNIA was adopted on
motion of Councilman Villa, seconded by Councilman Herrin, and carried
on the following roll call vote:
AYES:
NOES:
ABSENT:
Villa, Herrin, Evans, Griset, Yamamoto
Markel
Patterson
RES. 71-79 RESOLUTION 71-79 PROVIDING
ASSESSMENT DISTRICT NO. 225 FOR LIQUIDATED DAMAGES -
ASSESSMENT DISTRICT NO.
225, SANTA ANA, CALIFORNIA was adopted on motion of Councilman
Herrin, seconded by Councilman Yamamoto, and carried on the following
roll call vote:
AYES:
NOE S:
ABSENT:
Herrin, Yamamoto, Villa, Evans, Griset
Markel
Patterson
CITY COUNCIL -292- September 7, 1971
RES. 71-80 RESOLUTION 71-80 ORDERING
ASSESSMENT DISTRICT NO. 225 PLANS, SPECIFICATIONS AND
ESTIMATE OF COST - ASSESS-
MENT DISTRICT NO. 225, SANTA ANA, CALIFORNIA was adopted on
motion of Councilman Herrin, seconded by Councilman Yamamoto, and
carried on the following roll call vote:
AYES:
NOE S:
ABSENT:
Herrin, Yamamoto,
Markel
Patterson
Villa, Evans, Griset
RES. 71-81 RESOLUTION 71-81 ADOPTING
ASSESSMENT DISTRICT NO. 225 PLANS AND SPECIFICATIONS
ASSESSMENT DISTRICT NO.
225, SANTA ANA, CALIFORNIA was adopted on motion of Councilman Herrin,
seconded by Councilman Yamamoto, and carried on the following roll call
vote:
AYES:
NOES:
ABSENT:
Herrin, Yamamoto,
Markel
Patterson
Villa, Evans, Griset
RES. 71-.82 On motion of Councilman Herrin,
ASSESSMENT DISTRICT NO. 225 seconded by Councilman Yamamoto,
Council adopted RESOLUTION
71-82 SETTING TIME OF PUBLIC HEARING FOR PURPOSE OF DETERMINING
WHETHER THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE
ACQUISITION OF RIGHTS OF WAY AND IMPROVEMENT WORK - ASSESS-
MENT DISTRICT NO. 225, SANTA ANA, CALIFORNIA, and set the public
hearing on the 1st day of November, 1971, at 7:30 P. M., in the City Hall
Annex. Motion carried on the following roll call vote:
AYES:
NOES:
A BSE NT:
Herrin, Yamamoto,
Markel
Patterson
Villa, Evans, Griset
RES. 71-83 On motion of Councilman Herrin,
ASSESSMENT DISTRICT NO. 225 seconded by Councilman Yamamoto,
Council adopted RESOLUTION OF
INTENTION NO. 71-83 - ASSESSMENT DISTRICT NO. 225, SANTA ANA,
CALIFORNIA,- changing the date of public hearing as set forth in SECTION 5
and SECTION 6 to November 1, 1971, 7:30 P.M,, City Hall Annex. Motion
carried on the following roll call vote:
AYES:
NOES:
ABSENT:
He rrin, Yamamoto,
Markel
Patterson
Villa,
Evans, Griset
RES. 71-84 RESOLUTION 71-84 ADOPTING
ASSESSMENT DISTRICT NO. 225 SCALE OF PREVAILING WAGE
RATES - ASSESSMENT DISTRICT
NO. 225, SANTA ANA, CALIFORNIA was adopted on motion of Councilman
Herrin, seconded by Councilman Yamamoto, and carried on the following
CITY COUNCIL -293- September 7, 1971
RES. 71-84 - (Continued)
roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Yamamoto, Villa, Evans, Griset
Markel
Patterson
RES. 71-85 RESOLUTION 71-85
ASSESSMENT DISTRICT NO. 225 CALLING FOR BIDS -
ASSESSMENT DISTRICT NO.
225, SANTA ANA, CALIFORNIA 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
Markel
Patterson
Resolution 71-85 was amended to set. bid opening date on the 18th day of
October, 1971 at the hour of 2:00 P.M., with the results of said bidding
to be reported to the City Council at its regular meeting of November
1, 1971, on motion of Councilman Herrin, seconded by Councilman Villa,
and carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Villa, Evans, Griset, Yamamoto, Markel
None
Patterson
ENCROACHMENT AGREEMENT On motion of Councilman
ORIGINAL HOUSE OF PIES Herrin, seconded by Council-
man Villa, and unanimously
carried, consideration of the lease between the City of Santa Ana and
the Original House of Pies for an encroachment permit allowing Lessee's
building to extend onto City of Santa Ana property was continued to the next
regular meeting on September 20, 1971.
CHANGE ORDER - PROJECT #1322A On motion of Councilman Evans,
BOX CULVERT seconded by Councilman Herrin,
and unanimously carried, Council
approved Change Order No. 1, increasing the contract cost in the amount of
$279.50 on Project #1322A, to construct box culvert and outlet struct~ire in
the F-01 Channel at Flower Street north of Sunflower Avenue.
JOINT USE AGREEMENT Joint Use Agreement between
SOUTHERN CALIFORNIA the City of Santa Aha and the
EDISON COMPANY Southern California Edison
Company for occupancy and
use of Shannon Street south of First Street was approved, and its
executiOn by the Mayor and Clerk authorized, on motion of Councilman
Evans, seconded by Councilman Yamamoto, and unanimously carried.
CITY COUNCIL -294- September 7, 1971
Councilman Patterson arrived at 2:40 P.M.
AGREEMENT On motion of Councilman Villa,
GREAT WESTERN RECLAMATION seconded by Councilman Evans,
Council amended Contract for
Refuse Collection Addendum dated June 21, 1971, to read: "The per unit
water meter cost factor .......... of one dollar and twenty cents
($1.20) is to be made effective indefinitely." Motion carried on the
following roll call vote:
AYES:
NOES:
ABSENT:
Villa, Evans, Herrin,
Markel
None
Griset, Yamamoto,
Patterson
TRAFFIC The report of control devices
removed or installed from
August 10 through August 27,
1971, inclusive, was received and ordered filed, on motion of Councilman
Villa, seconded by Councilman Evans, and unanimously carried.
ALCOHOLIC BEVERAGE It was moved by Councilman
LICENSE APPLICATIONS Herrin, seconded by Councilman
Evans, and carried on a 6 - 1
vote, Councilman Yamamoto voting NO, to receive and file the following
Alcoholic Beverage License applications:
MAJESTIC, 433 Wo Fourth, On Sale Beer, Person to
Person Transfer;
GOLDEN GREEK, 2513 W. Edinger, On Sale General,
Person to Person Transfer;
LARRY'~S MARKET, 122 N. Euclid, On Sale Beer, Person
to Person transfer;
SOUTH MAIN BOTTLE SHOP & MINI MART, 2034 S. Main
Street, Off Sale Beer & Wine, Person to Person Transfer;
KEY MARKET LIQUOR, 2525-G W. ]7th Street, Off Sale
General, Person to Person Transfer;
J&M MARKET, 4622 W. Bolsa Avenue, Off Sale Beer &
Wine, Person to Person Transfer;
NORU, 220 Wo Warner, On Sale Beer, Person to Person
Transfer;
THE GIMINI, 316 N. Harbor Blvd., On Sale Beer, Person
to Person Transfer;
VILLA LIQUOR, 1467 S. Main, Off Sale General, Person
to Person Transfer;
and to instruct the City Attorney to file a protest with the Alcoholic
Beverage Control Board to the issuance of the following licenses:
]FATHER'S, 2720 N. Grand, On Sale Beer, Original;
RUSTIC INN, 455 N. Tustin, Orange, On Sale Beer, Person
to Person Transfer.
CITY COUNCIL -295- September 7, 1971
SOLICITATION APPLICATIONS The following Solicitation
Applications were approved
on motion of Councilman
Herrin, seconded by Councilman Yamamoto, and unanimously carried:
DISABLED AMERICAN VETERANS, Jack Fisher Chapter
23, 201 S. Sullivan, sale of Forget-Me-Nots, October 22
to November 5, 1971.
SANTA ANA-TUSTIN COMMUNITY CHEST, 1616 E. Fourth
Street, personal contact and mail to homes, September 25
to November 26, 1971.
SANTA ANA DRUG PREVENTION CENTER, 711 N:. Bristol,
personal contact and poppy sale, for 60 days after permit
is granted.
VARIANCES AND The following application was
CONDITIONAL USE PERMITS received and ordered filed,
on motion of Councilman
Herrin, seconded by Councilman Evans, and unanimously carried:
VA 71-39, ANA REBAR, INC. - To permit steel fabrication
in the open in the M 1 District at 2100 S. Yale; APPROVED.
The following application was received and ordered filed on motion of
Councilman Patterson, seconded by Councilman Yamamoto:
VA 71-40, HONER INVESTMENT COMPANY - To allow
a second wall sign on the north and south facades of a
building in the C 2 District at 1301 W. Seventeenth Street,
DENIED.
Motion carried on the following roll call vote:
AYES: Patterson,
NOES: Herrin
ABSENT: None
Yamamoto, Villa, Evans, Griset, Markel
Councilman Herrin's motion, seconded by Councilman Yamamoto,
to receive and file CUP 71-18, CALVARY CHAPEL was defeated on the
following roll call vote ::
AYES:
NOES:
ABSENT:
Herrin, Griset
Yamamoto, Villa, Evans, Patterson, Markel
None
In considering CUP 71-18, CALVARY CHAPEL, to construct a church
and school in the M 1 zone at 3800 South Fairview, approved by the
Planning Commission, Councilman Patterson requested that the matter
be s~t for public hearing because he did not believe a church and school
CITY COUNCIL -296- September 7, 1971
CUP 71-18 CALVARY CHAPEL - (Continued)
should be located in an M 1 zone. Councilman Villa pointed out that a
church is permissible in any zone; and Councilman Herrin stated that
he believed a church is compatible with industrial development, since
few industrial developments are in operation on Sunday and so are not
in conflict. The City Manager stated that the church and school were
already approved under a previous Conditional Use Permit, and that
the present request is to exclude a corner area 180' X 180' which Staff
believes may be used for a service station.
RECESS
with all Council members present.
Recess was declared at
3:00 P.M. The meeting
reconvened at 3:15 P. M.
CUP 71-18 (Cont.) Conditional Use Permit 71-18
CALVARY CHAPEL filed by Calvary Chapel to
construct a church and
school in the M 1 zone at 3800 South Fairview was set for public hearing
at the next regular-Couh'cil meeting on September 20, 1971, on motion
of Councilman Villa, seconded by Councilman Patterson, and carried
on the following roll call vote:
AYES:
NOES:
ABSENT:
Villa, Patterson, Evans, Herrin, Yamamoto, Markel
Griset
None
POOL PARLOR APPLICATION Applicatinn filed by Howard
G. Sorfksen for a permit to
operate a poo.1 parlor at
433 West Fourth Street was approved on motion of Councilman Herrin,
seconded by Councilman Villa, and unanimously approved.
BOOKMOBILE SERVICE Council considered letter
dated August, ]971, from
Santa Ana Council, Parent-
Teacher Association, and report of Library Director, concerning
reinstatement of Bookmobile Service to Wilson, Franklin, and Muir
Schools. The report stated that continuation of the Bookmobile
Service in these areas during the 1971-72 fiscal year would cost
approximately. $1, 500.
Councilman Markel stated he was in sympathy with the request, but
that this service was not included in the Budget for Fiscal Year 1971-72,
and asked where the money would come from. Mayor Griset stated
it would be transferred from the City Council contingency fund.
Councilman Yamamoto's motion, seconded by Councilman Patterson,
to approve reinstatement of Bookmobile Service to Wilson, Franklih;
and Muir Schools, carried on the following roll call vote:
AYES: Yamamoto, Patterson, Villa, Evans, Griset
NOES: Herrin, Markel
ABSENT: None
CITY COUNCIL
-297 -.
September 7, 1971
LEASED HOUSING PROGRAM Council heard the report of
Gary Woods, President of
the Santa Ana-Orange-
Tustin Board of Realtors, 1500 N. Grand Avenue, concerning Leased
Housing, Section 23. Mr. Woods stated that /he Board is opposed to this
program; that a committee was selected to study Section 23 and they
traveled to a number of cities to see how their programs are working; and
he read the report of the committee. He stated that they recognize there
are low-income people who cannot pay the full rent for adequate housing;
but that in the committee's study it was determined that the Section 23
Leased Housing Program has not proved adequate; that it did not provide
aid to a sufficient number of families; that the Program ran into
financial diffidulties in a short time and required more and more money
to operate. Mr. Clark Loomis Ceritifed Property Manager of Town &
Country Realty also spoke, A Resolution of the Board was presented
wherein a "rent stamp" program, similar to food stamps, was suggested;
and it was stated that the study showed that the number of persons who would
receive relief under such a program would be increased by 70% without
any increase in appropriations.
Councilman Herrin stated that the County Board of Supervisors is
presently conducting public hearings with regard to the matter of public
housing on a County level, and moved to withhold application of this
program until such time as the County Board has its findings and makes
a decision. Motion was seconded by Councilman Evans, but failed to
carry on the following roll call vote:
AYES: Herrin, Evans, Markel
NOES: Villa, Griset, Yamamoto, Patterson
ABSENT: None
Mr. Woods requested that the Council proceed with caution and allow the
Board of Realtors to work with them on the program.
After further discussion in which Councilmen Villa and Yamamoto spoke
in favor of the Section 23, Leased Housing Program, on motion of
Councilman Villa, seconded by Councilman Evans, and unanimously
carried, Council received and ordered filed letter dated August 31, 1971,
from the Santa Ana-Orange-Tustin Board of Realtors.
RECESS
P. M., with alt Council members present,
At 4:20 P.M., aten-minute
recess was declared. The
meeting reconvened at 4:30
RULES OF PROCEDURE On motion of Councilman
Herrin, seconded by Council-
man Evans, and
unanimously carried, Council received and ordered filed the memorandum
dated August ll, 1971, from the Santa Ana Planning Commission.
CITY COUNCIL -298- September 7, 1971
CLAIM FOR PERSONAL On motion of Councilman Herrin,
INJURIES seconded by Councilman Evans,
and unanimously carried, Council
denied permission to present late claim o~ behalf of minor child, Ronald
Allan Allen.
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 August Il.through August 31, 1971, inclusive,
on motion of Councilman Herrin, seconded by Councilman Yamamoto, and
unanimously carried.
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 ~]~eds:
VARIOUS OWNERS OF RECORD, northwest corner of
Edinger and Main Streets; east side of Bristol, north
side of MacArthur; vehicular access rights.
DEEDS WITH CASH On motion of Councilman Herrin,
GRANTEE, CITY seconded by Councilman Yamamoto,
the~ following deed was approved
and the Mayor was authorized to sign all necessary documents in connection
with the p~rchase:
SANTA ANA LODGE NO. 25, LOYAL ORDER OF MOOSE,
northeast corner of First and Townsend, street purposes.
Motion carried on the following roll call vote:
AYES: Herrin, Yamamoto, Villa, Evans,
NOES: Markel
A BF~ENT: None
Griset, Patterson
TENTATIVE PARCEL MAPS On motion of Councilman Herrin,
seconded by Councilman Patterson,
and unanimously carried, Council
approved the following Tentative Parcel Maps:
MAP #710 - Filed by W.J. Planchor~ creating two (2) A 1
parcels for residential use, located generally on the north
side of Pomona Street~20' west of Spruce Street, subject
to-conditions in report of Planning Director dated August
16, 1971.
CITY COUNCIL -299- September 7, 1971
TENTATIVE PARCEL MAPS - (Continued)
MAP :IF/Il - Filed by Winmar Company, Inc., creating
three (3) CR parcels for commercial use, located
generally on the west side of Bristol Street north of
Sunflower Avenue, subject to conditions in report of
Planning Director dated August 30, 1971; and alley
requirements were waived.
STATE BUILDING Mr. William Blurock,
CONSTRUCTION STATUS Architect, presented an
oral report on the status
of construction of the State Building in the Civic Center. He presented
drawings, giving the background and present status of the project. In
response to questions, he indicated the parking area to be located south
of the new City Hall; stated that bids for the state building will be opened
on September 30; that it is expected the building will be completed during
the first part of 1973; that the preliminary cost of the building is estimated
at $2,500,000, plus interior development of another $200, 000. He also
stated that the State is taking a master lease on the entire building and will
then sublease it to its various divisions.
VALUATION APPRAISALS FOR OLD
CITY HALL AND WILLOWlCK
GOLF COURSE PROPERTIES
At Councilman Herrin's request,
Council agreed to vote on these
two matters separately.
Councilman Herrin's motion, seconded by Councilman Evans, to authorize
the recommended appraisal procedure for the Old City Hall building, was
unanimously carried.
Councilman I-Ierrin's motion that no appraisal be authorized on the Willowick
Golf Course, was seconded by Councilman Yamamoto. Councilman Yamamoto
felt that the City of Garden Grove should provide the appraisal o£ the property
as the seller. After considerable discussion, the motion carried on the
following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Yamamoto, Villa, Evans
Griset, Patterson, Markel
None
Councilman Patterson's motion to de-annex Willowick Golf Course from the
City (tied for lack of a second.
Councilman Patterson's motion, seconded by Councilman Herrin, to drop
any further action with respect to the purchase or de-annexation of
Willowick Golf Course, carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Herrin, Evans, Yamamoto
Villa, Griset, Markel
None
CITY COUNCIL
-300-
September 7, 1971
SUMMARY OF REFERRALS The summary listing of Council
referrals to staff was received
and filed on motion of Council-
man Evans, seconded by Councilman Herrin and unanimously carried.
TRASH ABATEMENT The draft of a proposed
ordinance relating to trash
and rubbish abatement was
referred to staff, on the unanimously apprbv~d motion of Councilman
Herrin, seconded by Councilman Evans.
AGENDA FORMAT It was moved by Councilman
Herrin, seconded by Council-
man Patterson and unanimously
carried to amend the Agenda format to include a "Consent Calendar", to
expedite routine Agenda items by approving all such items, as recommended,
by adoption of a single motion to that effect but providing that any "Consent
Calendar" item may be removed for separate discussion and action at the
request of a member of the Council, public or staff.
RECESS At 5:15 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 Rev. John Parish of the First
Chirstian Church.
VA 71-33 The Staff reported on Variance
EBELL SOCIETY OF 71-33 filed by the Ebell Society
SANTA ANA VALLEY of Santa Aha Valley to allow
an auto repair business in an
existing building in the R 3 H District at 511 E. Santa Ana Boulevard,
which was denied by the Santa Ana Planning Commission and set for public
hearing at the request of City Council.
The Clerk reported no written communications had been received, and the
Mayor opened the public hearing.
Mrs. Georgia D. Bruner, 2244 N. Rosewood, Santa Ana, stated that the
Ebell Society has owned this property for a number of years; that it was
originally used for an auto repair business, on a Variance that had
expired because of non-use, that they have had great difficulty in renting
the building for another use at a reasonable price; that it is presently
used only for storage; that they have a prospective tenant, Dr. Berger,
who wishes to use the building for repair and remodeling of old cars,
which is his hobby; that for this purpose it would be necessary for him
to be allowed to use the building evenings and weekends; that there are
only two residences in the area, and another automotive repair shop,
which is doing well.
CITY COUNCIL -301- September 7, 1971
VA 71-33 EBELL SOCIETY OF SANTA ANA VALLEY - (Continued)
The following persons also spoke in favor of the Conditional Use Permit:
Mr. Charles Leimer, 412 E. Sixth Street
Mrs. Maureen Rischard, 18901 E. Dodge
Mr. John Colwell, 106 W. 4th Street, representing Mrs. Kelsy,
property owner adjacent to 511 E. Santa Ana Boulevard, and Mrs, Audrey
Strum, spoke in opposition, stating that use of this building as a garage
or repair shop creates considerable noise from machinery, steam
cleaning, revving up motors, etc.; that the other small repair shop ~.n
the neighborhood does no heavy work and causes no disturbance; that
cars and auto parts are left in the yard outside the building; that there
is a lot of pounding, and a radio is played loudly.
Mrs. Bruner spoke again, pointing out that the churches have not
appeared nor complained; that the last time the building was used for
automotive purposes was in March 1969; and that the use now is for storage
only.
There being no-further proponents or opponents, the Mayor closed the
public hearing.
Councilman Evans' motion to overrule the decision of the Planning
Commission and instruct the City Attorney to prepare a Resolution granting
Variance Application 71-33 subject to conditions of approval contained
in the Commission report, amending condition 6-B to read: " . . . hours
between 8:00 A.M. and 8:00 P. M." was seconded by Councilman Villa.
Mayor Griset stated he would support the motion, but would not like to see
the property owners denied the right to use the building on Sunday, Council-
man Patterson stated opposition to permitting any operation on Sunday or
after 8:00 P.M., on week days. Councilman Yamamoto also spoke in
opposition to any operation on Sunday.
Councilman Herrin's motion to amend the motion on the floor to eliminate
condition 6-D.(that the garage have no operation on Sundays) was seconded
by Mayor Griset and carried on the following roll call vote:
AYES:
NOES:
ABSENT:
t-Ierrin, Griset, Villa, Markel
Evans, Yamamoto, Patterson
None
Motion to overrule the decision of the Planning Commission and instruct
the City Attorney to prepare a Resolution granting Variance Application
71-33 subject to conditions of approval contained in the Commission report,
condition 6-B amended to read:" .... hours between 8:00 A.M. and 8:00
P. M." and deleting condition 6-D, carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Villa, Herrin, Griset, Markel
Evans, Yamamoto, Patterson
None
CITY COUNCIL
-302 -
September 7, 1971
RECESS
P. M. , with all Council members present.
At 8:25 P.M., a five-minute
recess was declared. The
meeting reconvened at 8:30
CUP 71-17 The Clerk read a letter from
ERNEST & LILLIAN R. CAPP William Patrick O'Keefe, Jr.,
Attorney for Ernest and Lillian
R. Capp, requesting continuance of the hearing on CUP 71-17, to allow a
pre-school and day care center in the R 2 District at 1630 E. Palm Avenue,
approved by the Planning Commission and set for public hearing at the
request of the Council.
On motion of Councilman Villa, seconded by Councilman Herrin, Council
continued the hearing on CUP 71-17 to the next regular meeting on September
20, 1971. Motion carried on a 6 - 1 vote, Councilman Patterson dissenting.
APPEAL #277 The Mayor opened the public
BANK OF CALIFORNIA hearing on Appeal #277, filed
CIVIC DEVELOPMENT PLAN #22 by Heath & Co. , Inc. for the
Bank of California, appealing
the Planning Commission's denial of roof sign, applied for under Civic
Development Plan #22, to be located on an existing bank and office building
in the CD District at 401 Civic Center Drive West. This matter was
continued from the August 16 meeting.
The Planning Director reported that this matter comes under a special
provision of the Code dealing tvith the Civic Development District; that
both the Staff and the Planning Commission relied on the provisions of
the Sign Ordinance as to what signs would be permitted on this building,
and both recommended denial of the roof sign and approval of the wall
signs.
The Clerk reported there were no written communications.
Mr. Jim Moore spoke on behalf of the Bank of California, requesting
reversal of the Planning Commission's determination on CD Plan #22. He
stated the Planning Commission vote was very close, 4 - 3, based on the
requirements of the sign ordinance; that the Civic Development ordinance
was for the benefit of protecting County and City investments in the Civic
Center area; but that in this particular instance, the sign that is on the
top of the building is inadequate. He stated the proposed sign would be
in front, done in a tasteful manner in ochra?, or gold, against a pale
cream. He presented a color rendering and also a scale picture.
There were no others who wished to speak in this matter, and the Mayor
closed the public hearing.
CITY COUNCIL
-303 -
September 7, 1971
APPEAL # 277
BANK OF CALIFORNIA CIVIC DEVELOPMENT PLAN #22 - (Continued)
Cour~cilman Herrin stated he feels signs are of great iml~ortance to
people who are in business. Mayor Griset also stated he felt it was
reasonable that a sign be put where it could be seen easily.
Councilmen Yamamoto, Patterson, and Villa spoke against permitting
the roof sign since it violates the Sign Ordinance, and there is already
a sign on the top of the building, and on all sides, as well as two
directional signs.
Councilman Herrin's motion, seconded by Councilman Evans, to overrule
the decision of the Planning Commission and instruct the City Attorney
to prepare Resolution approving Civic Development Plan No. 22 subject
to conditions contained in Finding of Fact, failed to carry on the following
roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Griset
Villa, Yamamoto, Patterson, Markel
None
APPEAL #278
VA 71-34
JOE SERNA
Attorney for Joe Serna. On motion of Councilman Villa,
The Clerk reported a request
for continuance had been
received from Walker & Davis,
signed by John P. MacDonald,
seconded by
Councilman Evans, and unanimously carried, Council continued the hearing
on Appeal #278 to the next regular meeting, September 20, 1971.
WORKABLE PROGRAM FOR The Mayor stated that Application
COMMUI~ITY IMPROVEMENT for Certification for a workable
program for community
improvement was recommended by the Staff in order that the City would
have the broadest participation possible in any of the Federal programs
of a subsidy nature. In response to a question from Councilman Herrin,
the City Manager stated that there are many Federal programs in which
the City mall participate without having a certified Workable Program; but
that there are many which do require the Certification; that Staff is
requesting authorization to proceed with the Application for Certification
at this time as it may take considerable time to process.
The Mayor opened the public hearing. Mr. Manuel Perez spoke in favor
of the program, stating it is the only means at the present tirrre of
speeding Federal funds for individual rehabilitation, for community
development, and to provide the type of City landscaping everyone would
like to see. A copy of his statements was presented to the Council.
CITY COUNCIL -304- September 7, 1971
WORKABLE PROGRAM FOR COMMUNITY IMPROVEMENT~ - {Continued)
The Rev, Galal Gough, 2112 N. Baker Street, presented a paper representing
the thoughts of the Housing Committee of the Santa Aha Human Relations
Commission, supporting the Progran~ and outlining its advantages to the City.
Mr. Tom McMichael, representing the Santa Ana-Orange-Tustin Board of
Realtors, stated they did not wish to protest or uPhold the plan, but would
like clarification and time to studythe rarn'ificati/)ns:of the program. He
stated they are particularly concerned with the portion of the program
concerning building inspection; that this could tend to destroy and damage
those people the City is trying to protect the most; that there is much
property in Santa Ana which is substandard although it was up to standard
at the time it was built; and many people who could not afford it would be
required to bring the property up to Code; that they are not protesting
this per se at the moment, but they do feel a great deal of thought should
be given to this program to set up necessary safeguards for the people
of this community.
Councilman Villa stated that this application does not include submittal
of a proposal; that it provides the means for submitting proposals at
later dates.
The Rev. Gough suggested that a Citizens Advisory Committee should
be formed in connection with this matter. The Planning Director stated
that the City now has a number of citizen groups representing various
areas of the City, and that this program seeks an over-all group to unify
them.
Mr. Robert Eichenberg, 18272 E. 17th Street, spoke for the Industrial
Development Association, expressing their interest in this complete
program; and that each of the grant programs would be applied for
individually with consideration of each by the Council.
Mrs. Camille Beeson, 1405 W. Santa Ana,BDutevaTc~, I}ire~to~,, Or,{~nge
"Counfy Fair'HdU~i'ng Cbuncil, stated they are delighted with the Workable
Program and urged that the City require participation by the people who
will be directly affected.
The Mayor closed the public hearing.
Councilman Herrin stated he could not support additional building
inspectors, and asked why the City had not had this type of ongoing inspection
previously. The City Manager stated t~at there is such a program and
that the City eflforces the Uniform Housing Code of the State of California;
that it has not been enforced to the level they would like, because to do
so would destroy so much housing within Santa Aha that it would destroy
the opportunity for occupancy of hundreds of family units; that there are
conditions unique to Santa Aha---Santa Aha has 11% of the population of
Orange County, 25% of welfare case load, 68% of black Americans, 30%
of Mexican-Americans; that this program will assist in evaluation of the
problem and in finding possible solutions.
CITY COUNCIL
-305- September 7, 1971
RECESS
Council members present,
Recess was declared at 10:05
P. M0 The meeting reconvened
at 10:20 P. M., with all
WORKABLE PROGRAM FOR In response to a request from
COMMUNITY IMPROVEMENT Councilman Evans, Rev. Gough
(Continued) requested that wording in his
statement be changed on'page
1 to: "Some of the opposition to this program .... "and on page 2, the
6th line, to "Many of those . . ."
Councilman Villa's motion, seconded by Councilman Patterson, to
approve the Application for Certification for a workable program for
community improvement, carried on the following roll call vote:
AYES: Villa, Patterson, Evans, Griset, Yamamoto
NOES: Herrin, Markel
ABSENT: None
RES. 71-86 RESOLUTION 71-86 AMENDING
DEPUTY CITY ATTORNEY II SECTION 3 OF RESOLUTION
NO. 58-281 TO ADD CLASS
TITLE OF DEPUTY CITY ATTORNEY II, was adopted, on motion of
Councilman Patterson, seconded by Councilman Villa, and carried on the
following roll call vote:
AYES: Patterson,
NOES: Markel
ABSENT: None
Villa, Evans, Herrin, Griset, Yamamoto
RES. 71-87 RESOLUTION 71-87
LEGAL SECRETARY AMENDING SECTION 3
OF RESOLUTION NO. 58-281
TO ADD CLASS TITLE OF LEGAL SECRETARY was adopted, on motion
of Councilman Patterson, seconded by Councilman Yamamoto, and
carried on the following roll call vote:
AYES: Patterson, Yamamoto, Villa, Evans, Herrin, Griset
NOES: Markel
ABSENT: None
ADJOURNMENT
by Councilman Evans,
The meeting was adjourned
at 10:55 P.M,, on motion of
Councilman Herrin, seconded
and unanimou~!y carried.
Florence I. Malone
Clerk of the Council
CITY COUNCIL -306- September 7, 1971