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HomeMy WebLinkAbout10-04-1971MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORlkriA October 4, 1971 The meeting was called to order at 2:05 P. M. ~ in the Council Chambers of the City Hall Annex, 530 North Ross Street, with the following Councilmen present: Vernon S. Evans, J. Ogden Markel~ Jerry M. Patterson, Ray Villa, Harry K. Yamamoto, and Mayor Lorin Griset. Councilman Wade Herrin was absent. Also present were City Manager Carl J. Thornton, City Attorney James A. Withers, Director of Planning Herbert Wieland, Director of Public Works Ronald Wolford~ and Clerk of the Council Florence I. Malone. MINUTES The Minutes of the Regular Meeting of September 20, 1971 were approved as submitted, on motion of Council- man Villa, seconded by Councilman Evans, and unanimously carried. EXECUTIVE SESSION At 2:10 P.M., the meeting was adjourned to an Executive Session to consider personnel matters~ a Planning Commission vacancy and legal matters. The meeting reconvened at 3:10 P.M., with the same Councilmen present. READING WAIVED On motion of Councilman Yamamoto, seconded by Councilman Evans, and unanimously carried~ the full reading of ordinances and resolutions, the titles of which appeared on the public Agenda~ was waived. ORD. NS-1085 ORDINANCE NS-1085 AMENDING T .I~A~ S~t, ABATEMENT THE SANTA ANA MUNICIPAL CODE BY ADDING SECTION 16-7 PERTAIN- ING TO THE AUTHORITY OF PUBLIC OFFICERS OR EMPLOYEES TO ISSUE CITATIONS, AND AMENDING SECTIONS16-46~ 16-47, 16-48, 16-49 AND 16-50 PERTAINING TO GARBAGE, RUBBISH AND WEED ABATEMENT, as amended, was passed to second reading on motion of Councilman Patterson~ seconded by Councilman Yamamoto and unanimously carried. CITY COUNCIL -321- October 4, 1971 ORD. NS-1093 The Mayor stated that in view of REFUSE COLLECTION the President's wage/price freeze, REGULATIONS he would recommend to the Council that Agenda items 2, 14, and 37-B~ .be deferred until after the expiration of the freeze (approximately November 15). In response to Councilman Patterson's question~ the City Manager explained that because this is a charge~ rather than a tax~ the City is not allowed to increase it during the freeze. Councilman Markel's motion to delete items 2, 14~ and 37-B, all pertaining to refuse collection regulations, from the agenda failed for lack of a second. Councilman Patterson's motion~ seconded by Councilman Evans, to continue items 2, 14, and 37-B, to the first Council meeting after the freeze is lifted, carried on the following roll call vote: AYES: NOES: ABSENT: Patterson, Evans, Griset~ Yamamoto,~ Villa He rrin Markel RES. 71-91 RESOLUTION 71-91 UPHOLDING CUP 71-17 THE DECISION OF THE PLANNING ERNEST & LILLIAN R. CAPP COMMISSION AND CONDITIONALLY GRANTING CUP #71-17 FILED BY ERNEST & LILLIAN R. CAPP was adopted, on motion of Councilman Evans, seconded by Councilman Markel, and carried on a 5 - 1 vote, Councilman Patterson dissenting. RES. 71-92 RESOLUTION 71-92 UPHOLDING CUP 71-18 THE DECISION OF THE PLANNING CALVARY CHAPEL COMMISSION AND CONDITIONALLY GRANTING CUP #71-18 FILED BY CALVARY CHAPEL was adopted, on motion of Councilman Markel, seconded by Councilman Patterson, and carried on a 5 - 1 vote, Councilman Evans dissenting. RES, 71-93 RESOLUTION 71-93 OVERRULING VA 71-34 THE DECISION OF THE PLANNING JOE SERNA COMMISSION AND CONDITIONALLY GRANTING VARIANCE APPLICATION 71-34 was adopted, on motion of Councilman Markel, seconded by Councilman Evans, and unanimously carried. RES. 71-95 RESOLUTION 71-95 DESIGNATING DEPOSITORY FOR CITY FUNDS UNITED STATES NATIONAL BANK AS THE DEPOSITORY FOR CITY OF SANTA ANA FUNDS EFFECTIVE JANUARY l, 1972, AND DESIGNATING SIGNATURES AUTHORIZED FOR THE PURPOSE OF WITHDRAWAL OF SAID FUNDS was adopted, on motion of Councilman Markel, seconded by Council- man Evans, and unanimously carried. CITY COUNCIL -322- October 4, 1971 ASSESSMENT DISTRICT 236 The Mayor requested a staff report on the status of Assessment District 236 sidewalk repairs. The Director of Public Works stated that the project was completed in July 1970; that the first communication between the parties involved concerning deterioration of the sidewalks was in January 1971; that the City suggested a three-way division of costs for repair; 1/3, or approximately $8,000, to be borne by the City, 1/3 by the contractor, and 1/3 by the supplier; that the offer was rejected; and that the City Center Association is quite concerned, since the coating on the sidewalk continues to erode and deteriorate rapidly. In response to questions from Councilman Patterson, Mr. Wolford also stated that at the time the decision was made to use this type of coating rather than tear up and replace the old sidewalks, it was believed that the coating would be satisfactory. He stated that additional reasons for using the coating were (1) that many basements in the downtown area on 4th Street use the sidewalks for a roof, and to tear the old sidewalk out in order to replace it would have caused costly structural problems; and (2) that to tear up the old sidewalk and replace it would have taken from one to two weeks, with considerable inconvenience to the public, whereas the method used minimized the inconvenience to one day. Councilman Markel stated he believed the problem would be better solved by teliacing the sidewalks now, rather than trying to repair the present coating. Councilman Patterson's motion to authorize the City Attorney to bring immediate legal action against all parties responsible was seconded by Councilman Villa, and carried on the following roll call vote: AYES: NOES: ABSENT: Patterson, Villa, Evans, Griset, Yamamoto, None He rrin Markel In further discussion, it was determined that approximately $25, 000 would be needed to repair the sidewalks and to provide a finish to prevent further deterioration; and that the money could come from the Council's contingency fund. Councilman Patterson moved that the City should make the sidewalk improve- ments on 4th Street, and attempt to recover costs through the legal action already authorized. Motion was seconded by Councilman Villa, and carried on the following roll call vote: AYES: NOES: ABSENT: Patterson, Villa, Evans, Griset~ Yamamoto Markel Herrin Prior to voting on the matter, there was considerable discussion as to the responsibility of the City in repairing the walks, and the consensus was that the City provided specifications~ inspections, etc., and an Assessment District was formed and the property owners taxed for this purpose; that, regardless of where the fault lies, the City has an obligation to the t3roperty owners to bring the sidewalks up to grade, and to determine the responsibility for costs through legal action. CITY COUNCIL -323 - October 4, 1971 ASSESSMENT DISTRICT 236 - (Continued) Mr. Jerome Taube of the Santa Ana City Center Association spoke briefly, stating that the Association was requesting immediate action in order to prevent complete deterioration of the sidewalks. LEASED HOUSING, SECTION 23 Mr. Art Jenkins, President, Santiago Republican Assembly, read a Resolution passed by the Assembly concerning Section 23 Leased Housing, and suggesting the use of rent stamps as an alternative to rent subsidies. He stated that other cities who have similar programs have found that low-income families concentrate in one area; that apartments are torn apart; that the crime rate rises; that if Rent Stamps were used, the tenants could find rentals in other areas, using the stamps to rent apartments that are currently vacant with no necessity to build new ones. The Mayor explained thai the Leased Housing program suggested for Santa Ana proposes to remodel individual residences, bring them up to Code, and then rent them to low-income families with Federal assistance; that there is no plan to build new projects. Councilman Patterson stated that under the proposed progran% bringing homes up to Code is the owner's responsibility; that the City will be able to enforce its Codes, will implement leases and guarantee rents; that tenants will pay 1/4 of their income toward housing. RECESS members present. At 4:05 P.M., aten-minute recess was declared. The meeting reconvened at 4:15 P. M., with the same Council LEASED HOUSING, SECTION 23 (Continue d) The follo wing persons spoke in favor of the Section 23 Leased Housing Program: Rev. Galal Gough, 2112 N. Baker Street Roy Uno, Housing Subcommittee, Human Relations Commission Manuel Perez, Housing Planner, O.C. Community Action Council Norman C. Corbin, Human Relations Commission Rev. John Carr, Pastor, St. Luke's United Methodist Church Proponents stated that it is hoped the Leased Housing program will be beneficial to persons who have sold their homes to the City and are then unable to find comparable housing; that they are completely opposed to the Rent Stamp program which, they believe, would allow landlords to rent substandard housing and still charge high prices; that the Section 23 Leased Housing program will improve housing for low-income people and will generally upgrade housing in Santa Ana; that it would not deny the people the right to select their neighborhoods; and that the Human Relations Commission is preparing a report to refute certain statements in the findings of the Board of Realtors. CITY COUNCIL -324- October 4, 1971 LEASED HOUSING, SECTION 23 - (Continued) Mrs. Janice Boer, 912 N. Lowell, spoke in opposition to the Leased Housing program, stating that she has watched Santa Ana deteriorate; that many homes on nice, residential streets are for sale; and that the Leased Housing program will bring undesirable elements into the City. Mr. James II. Miranda, t917 N. Westwood, stated that people of low income cannot find housing acceptable to their income; that they are not crimebreeders, but only looking for an opportunity to find a better way of life. Mr. Tony Rios, Community Service Organization, also spoke in favor of Leased Housing, refuting the statements that such a program would increase crime in the area; that with a Rent Stamp program, people would never find a way to own their own property; that they must be given the opportunity to work toward owning their own property, facilities, equipment. RECESS same Council members present. At 4:55 P.M., a five-minute recess was declared. The meeting reconvened at 5:00 P.M. ~ with the LEASED HOUSING, SECTION 23 Father John Coffield, 541 E. (Continued) Central stated that the Delhi Community wished to reaffirm its support of the Leased Housing Program and that it is pleased that the Program will improve housing in Santa Aha. Councilman Villa requested that the following Resolution unanimously adopted at the General Assembly of the League of California Cities on September 29, 1971, in San Francisco, be read into the Minutes: RESOLUTION RE HOUSING ASSISTANCE TO LOW INCOME FAMILIES WHEREAS, there exists a nationwide shortage of safe, decent housing available to families of low and moderate income; and WHEREAS, said housing shortage is most acutely felt in large central cities where low-income families and individuals tend to congregate; and WHEREAS, the present Federal aids are not, and have not been, sufficient to keep pace with the need for housing for low-income and moderate-income persons; now, therefore~ be it RESOLVED, by the General Assembly of the League of California Cities, assembled in Annual Conference in San Francisco, September 29, 1971, that the League urge the National League of Cities to sponsor and support legislative measures which will provide ass'istance to cities CITY COUNCIL -325- October 4, 1971 LEASED HOUSING, SECTION 23 - (Continued) for rent supplements, concentrated code enforcement projects, relocation benefits, and funds to assist in the development of feasible proposals for Iow- and moderate-income housing." Mr. Phil Williams, 13601 Fairmont Way, member of the Santa Ana-Tustin - · Orange Board of Realtors, stated that the Board is for free enterprise, for ownership and pride of ownership in housing; that it is against bureaucracy and big government control and monopoly over all aspects of housing activity; that it is not against subsidies if they are properly administered; that rent stamps are no different than food stamps -- the recipient can go wherever he wants and obtain housing in the same way he buys food. ORANGE COUNTY CRIMINAL Staff was instructed to forward to $iJSTICE COUNCIL Assemblyman Robert Crown and the City's representatives in the State Legislature letters approving the intent of Assembly Bill 2682, pertaining to the orgamzation and funding of Criminal Justice Councils, on the unanimously approved motion of Councilman Yamamoto~ seconded by Councilman Villa. A copy of the Assembly Bill had been forwarded to the Council on September 15, 1971, by the Orange County Criminal Justice Council along with a written request for Council endorsement. 1971 STATE REAPPORTIONMENT A Resolution of the Santa Ana Human Relations Commission entitled, '~Resolution on Fair Representation for the Citizens of the City of Santa Ana in the Assembly and Senate of the State of California" was endorsed by the Council on motion of Councilman Villa, seconded by Councilman Yamamoto. The motion also: (1) instructed the staff to forward letters to the Elections and Reapportionment Committees of the Assembly and Senate requesting the unificatir~n of Santa Ana in single Assembly and Senate Districts; and (2) authorized the Mayor to represent the City before any hearings held on the matter by the Legislature. The motion carried on the following roi1 call vote: AYES: NOES: ABSENT: Villa, Evans, Griset, Yamamoto, Patterson Markel Herrin WARNER AVENUE SOUTH A letter from the Planning COMMUNITY PLAN Commission, dated September 30., 1971, advising the Council of the C~ommission's instruction to the Planning staff to undertake a planning design study of the Warner Avenue South area, using the Gruen sketch plan as a slarting point, was received and filed on the unanimously approved motion of Councilman Villa, seconded by Councilman Evans. CITY COUNCIL -326- October 4, 1971 SCHOOL AND PARK A letter dated September 30, 1971, FACILITIES JOINT USE from the Santa Aha Planning ~ Commission endorsing a new concept in the replacement of Fremont School at Raitt and Eighth Streets, and joint use of school facilities and the play area at E1 Salvador Park, was considered by the Council. Mr. Wilford Michael, Assistant, Superintendent of the Santa Ana Unified School District, stated that the site for the proposed school is small; that the District is contemplating a low-profile school, five feet into the ground, about seven feet above with the recreation courts on the roof of the school; and that the plan would necessitate closing off Townsend Street and sharing the park facility. Mr. Michael stated further that District proposes to buy land adjacent to E1 Salvador Park on the west as soon as possible if the City agrees to the joint use of facilities. A public hearing on the matter was ordered at the same time as the documenta- tion to implement the proposed concept is presented to Council, on motion of Councilman Evans, seconded by Councilman Markel, and carried on the following roll call vote: AYES: Villa, Evans, NOES: Patterson ABSENT: Herrin Griset, Yamamoto, Markel SOLICITATION APPLICATION The application to Solicit Funds filed by Palm Springs Medical Research Foundation, 1506 S. Palm Canyon Drive, Palm Springs, was denied on the unanimously approved motion of Councilman Villa, seconded by Councilman Evans. CONSENT CALENDAR The Mayor announced that Consent Calendar items 35 through 47 would be acted upon by one motion unless there were requests to consider certain items separately. Councilman Markel requested that Agenda items 35-D, 37-A, 37-C, 37-D, and 43-B be considered separately; 39-A was considered separately at the request of Councilman Yamamoto. On motion of Councilman Patterson, seconded by Councilman Yamamoto and unanimously carried, Council affirmed the recommended action on the following Consent Calendar items: BID CALLS Approved plans and specifications and authorized advertisement for bids on the following: SPEC. 641-250 - Solo Motorcycle (replacement); opening date October 21, 1971 CITY COUNCIL -327- October 4, 1971 CONSENT CALENDAR - (Continued) SPEC. 641-251 - Hydraulic Cr~ne (replacement); opening date October 21, 1971 PROJECT 6048 - Construct two tennis courts and one all- purpose court in Westwood Park; opening date October 22, 1971. BID AWARDS Awarded contracts as follows: SPEC. 641-247 - One each, Stump Cutter (replacement for #4-39); awarded contract to West Point Industries, Inc., Long Beach, on the basis of low bid including trade-in of 1960 model; and rejected all other bids. SPEC. 641-248 - Six Channel Polygraph and Desk (replacement for City property #3169); awarded contract to Police Devices & Supply, San Jose, on basis of low bidder with trade-in and discount; and rejected all other bids. TRAFFIC Received and ordered filed report of control devices removed or installed September 17 through September 28~ 1971~ inclusive. ALCOHOLIC BEVERAGE LICENSE APPLICATIONS The following application was received and ordered filed: 7-ELEVEN FOOD STORE, 1206 S. Standard~ Off Sale Beer & wine, Person to Person. and the City Attorney was instructed to file a protest with the Alcoholic Beverage Control Board to the issuance of the following licenses: TOPPER'S STEAKHOUSE, 1106 S. Bristol, On Sale Beer & Wine, Premise to Premise Transfer - within 300' of residential zone. HYRU4VIS, 2537 S. Main, On Sale Beer, Original - within 300' of residential zone. SOLICITATION APPLICATION Approved the following solicitation application: THE NATIONAL FOUNDATION-MARCH OF DIMES, ORANGE COUNTY CHAPTER~ 1303 S. Main; mailers, coin containers, Mothers' March, special events to provide funds for research, patient care, and education in the area of birth defects and prenatal care, continued support of post-polio patients, con- tinued support of Salk Institute; month of January 1972. CITY COUNCIL -328- October 4, 1971 CONSENT CALENDAR - (Continued) VARIANCES AND CONDITIONAL USE PERMITS Received and ordered filed the following applications: VA 71-42, DOLORES E. PAULAUSKIS - To construct a 44-unit rest home in the LP District and waive the side yards, front yard, and height requirements, at 1604 E. 4th Street; APPROVED. VA 71-44, SOUTH COAST PLAZA & HOWARD BEAR - To build a convenience shopping center in the R 1 & CR Districts at 1675 W, Sunflower Avenue; APPROVED. VA 71-45, BRISTOL PLAZA COMPANY - Goodyear tire service store in Bristol Plaza Shopping Center at 3317 S. Bristol; APPROVED. VA 71-47, H. STELLAR, R. ROGERS, GIL MORENO- For offstreet parking tot in the R 1 District at 11282 Westminster Avenue; DENIED. CUP 71-19, MISSION FIRST BAPTIST CHURCH - Expansion of an existing church facility at 1817 - 1821 West 3rd Street; APPROVED. CUP 71-20, STRAW tLAT RESTAURANT CORP - To serve beer and wine in a restaurant within 300' of residentially- zoned or used property; APPROVED. DEEDS Received and ordered filed report of No-Cash Deeds accepted by City Manager, pursuant to Resolution #69-156, from September 15 through September 28, 1971, inclusive. TENTATIVE PARCEL MAP #714 Approved Tentative Parcel Map #714 filed by Ellis W. Stanley creating two (2) C 2 parcels for commercial use, located generally southeast of intersection of 17th Street and Lincoln Avenue, subject to conditfons contained itl Planning Director's report dated September 27, I971. FINAL TRACT MAPS Approved final maps, accepted the dedications thereon, and the bonds, and authorized execution of the subdivision agreements on the following: MAP #6311 - North of McFadden Avenue and west of Harbor Boulevard, one (1) lot. CITY COUNCIL -329- October 4, 1971 CONSENT CALENDAR - (Continued) MAP #7170- North of Memory Lane and west of Flower Street, twenty-six (26) lots. MAP #7517 - South of Segerstrom Avenue and west of Raitt Street, forty-three (43) lois. IVLA1~ #7518 - South of Segerstrorn Avenue and west of Raitt Street, nine (9) lots. REIMBURSEMENTS Authorized the following reimbursements: FIRST WESTERN BANK AND TRUST, for street improvements on the east side of Bristol Street from 210 feet to 2015 feet north of Sunflower~venue in exchange for ultimate dedication on Bristol Street, VA 71-7, in the amount of $27,486.14. RONE & ESTELLE TURNER, street improvements on the south side of First Street from 260' to 827' west of Lyon Street in exchange for ultimate dedication on First Street, R, S, 812, in the amount of $12,71-4.69. AGENDA ORDER Consent Calendar Agenda items 35-D, 37-A, 37-C, 37-D~ 39-A, and 43-B were deferred to the evening meeting, on the unanimously approved motion of CounciLman Patterson, seconded by Councilman Villa. ORAL COMMUNICATIONS Mrs. Josephine Hernandez, COMMUNITY CLINIC 2019 West Dahl Lane, Chairman of the Community Health Advisory Board, read aloud a letter from the Board to the Council, dated October 3, 1971, requesting the Council to send a letter to the County Board of Supervisors supporting the Community Clinic of Orange County, located at 2101 West Ed~inger ~nd its need for adequate and permanent facilitie s, The request was approved and the staff was instructed to notify Supervisor Battin of the Council's action on the matter, on motion of Councilman Villa, seconded by Councilman Evans and unanimously carried. TRANSIENT OCCUPANCY TAX Mrs. Maureen Sutton, owner of the Wishing Well Motel~ reported that she had lost five customers since the Bed Tax Ordinance (NS-1091) had gone into effect; that her bank deposit for the Motel for the past week was lower than it had ever been; and that she planned to fight the tax on a national basis; She requested the Council to give the matter further thought and consider rescifidi~g 'the o~dinance. CITY COUNCIL -330- October 4, 1971 RECESS At 6:00 P.M., the meeting was recessedto 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 Neal Jensen of the First United ~Methodist Church. PUBLIC AUCTION The Mayor announced the sale of SALE OF CITY OWNED real property located at 1830 Civic REAL PROPERTY Center Drive West (Surplus Property Report 71-08), on which the City had received a bid of $4,000.00 from Mr. Juan Pantoja, through Ponce Realty, The Mayor invited additional bids on the property from any- one present; after three calls with no response, the Mayor declared the property sold to Mr. Pantoja, whose cashier's check in the amount of $400.00 was deposited with the City Treasurer. The Mayor announced the sale of real property located at 726 North English Street (Surplus Property Report 71-09)~ on which the City had received a bid of $5,000.00 from Mr. Juan Pantoja, through Ponce Realty. The Mayor invited additional bids on the property from anyone present; after three calls with no response, the Mayor declared the property sold to Mr. Pantoja, whose cashier's check in the amount of $500.00 was deposited with the City Treasurer. PUBLIC HEARING The Mayor announced that the APPEAL #279 - VA 71-48 Robert H. Grant Co,~ had requested ROBERT H. GRANT CO. coniinuance of their Appeal #279 from Planning Commission's denial of VA 71-48 to construct a 493~unit townhouse development in the R 1 zone at 230 W. Segerstrom (Dyer). Appeal #279 was continued to the next Council meeting, October 18, 1971, on motion of Councilman Evans, seconded by Councilman Yamamoto, and unanimously carried. PUBLIC HEARING APPEAL #280 CUP 71-23 CHARLES AND MARGARET J. HUFF in an existing single family residence in Street. The Mayor requested a staff report on Appeal #280 filed by Charles and Margaret J. Huff appealing the Planning Commission's denial of CUP 71-23 to allow a rest home the R 1 District al 910 N. Sheffield The Planning Director called attention to the reasons for denial: That a rest home would be an improper use in the R 1 zone; that the homes should provide more amenities; and that applicants who want to change a use from a single- family residence to a commercial rest home without changing the structure should be discouraged. In addition, the Commission believed that the noise generated by the many small children in the immediate neighborhood would be detrimental to the elderly persnns in the rest home. CITY COUNCIL -331- Oclober 4, 1971 PUBLIC HEARING - APPEAL #280 - CUP 71-23 CHARLES AND MARGARET J. HUFF - (Continued) The Mayor opened the public hearing. The Clerk reported that a petition signed by 37 residents of the area had been received, as following: "We the undersigned being both property owners and neighbors do hereby petition the City of Santa Aha to grant the Conditional Use Permit for a board and care home at 910 N. Sheffield Street as applied for by Margaret J. Huff". On motion of Councilman Villa, seconded by Councilman Evans~ and unanimously carried, the petition was received and ordered filed. The following persons spoke in favor of granting the Appeal: Mrs. Margaret J. Huff~ 914 N. Sheffield Mrs. Leslie Smith, 4918 W. Hazard Mr. Smith, 922 N. Sheffield Mrst Hortensia Mexia, 902 N. Sheffield Proponents stated that this is not properly classified as a rest home; that it is a "board and care" home where elderly people live, who are able to care for themselves~ and there is no medical care given; that the people in the rest home enjoy the children in the neighborhood; that this home is ,more acceptable to the neighborhood than previous tenants with large families have been; that because the tenants are elderly, there is no need for recreation facilities other than a lounge where they can talk and watch TV; and that the number of tenants would be limited to five. Mr. Ruben Rodriquez, 909 N. Sheffield, asked if there would be a large, commercial sign placed in front of the home. Mrs. Huff stated there would be no sign; that ii is a home and will remain a home. In response to a question from Councilman Patterson, the Planning Director stated that in the Santa Aha Municipal Code, "convalescent home" and "rest home" are the same. Councilman Patterson indicated that according to the Code, a boarding house furnishes lodging and meals for not more than ten persons, which appeared to be the correct definition for Mrs. Huff's home. The Mayor closed the public hearing. After further discussion concerning the effect on property values in the neighborhood, and whether or not the use is commercial, Councilman Yamamoto's motion~ seconded by Councilman Villa~ to grant Appeal #280 and instruct the City Attorney to prepare a Resolution granting Conditional Use Permit 71-23 subject to conditions of approval contained in the Commission report, carried on the following roll call vote: AYES: NOES: ABSENT: Yamamoto, Villa, Patterson, Markel Evans, Griset Herrin CITY COUNCIL -332 October 4, 1971 PUBLIC HEARING APPEAL #281 - VA 71-46 F.E. AND FRANCES M. McCARTER The Mayor opened the public hearing on Appeal #281 filed by F.E. McCarter and Frances M. McCarter appealing the Planning Commission's denial of VA 71-46 to allow professional offices in an existing residence in the 1~ 3 B District at 926 N. Flower. The Planning Director stated that although this area is zoned IR 3~ the development has been basically 1~ 1 and there is only one other professional use, a medical office, on the west side of Flower. The reasons for denial were that the Commission has had a long-standing policy that any professional uses coming into this area should be in new construction; that architectural control should be exercised in this area; and that the Planning Commission has directed staff to make a study of the entire Civic Center area~ and any conversion should be resisted at this time. The following persons spoke in favor of the appeal: Mr. Ray Meader, 1523 N. Broadway Mr. Dennis Alevizon, 811 N. Broadway Mr. William Moeller, 925 N. Holly A petition in favor of the appeal, signed by 38 property owners, was filed with the Clerk. Proponents stated that ~establishment of a law office near the Civic Center would be in keeping with the area; that it is the intention to acquire contiguous land in the future and perhaps erect a commercial building; that the property at present is in a run-down condition, but could be improved with this use, and would be an asset to the area. There were no opponents and the Mayor closed the public hearing. In the discussion following, the consensus was that this area will eventually become office/professional, but Council would like to have the results of the Planning study before approving variances for converting residences to commercial. Councilman Evans! motion, seconded by Councilman Villa, to grant Appeal # 281, f~i]ed to carry on the following roll call vote: AYES: NOES~ ABSENT: Evans, Villa Griset, Yamamoto, Herrin Patterson, Markel Councilman Patterson's motion, seconded by Councilman Yamamoto, to defer this matter for two months and have it come back to the Council at that time, failed on the following roll call vote: AYES: NOES: ABSENT: Patterson, Yamamoto~ Villa, Evans, Markel He rrin Griset CITY COUNCIL -333- October 4~ 1971 RECESS At 8:35 P. M., a five -minute recess was declared. The meeting reconvened at 8:40 P. 1Vt,, with the same Councilmen pre sent. PORTOLA PARK Mr. Phillip K. Patton, 1606 E. Portola, presented a petition signed by 59 residents of the area of Portola Park, protesting conditions existing in the park area. On motion of Councilman Villa, seconded by Councilman Evans, and unanimously carried, the petition was received and ordered filed. Mr. Patton also called attention to his letter dated September 30, 1971, to the Council in which he listed a number of incidents which the residents feel present a serious threat to the happiness and safety of their area. Pie stated they have tried many ways to prevent individuals from loitering in the park; that they have a nice neighborhood and would like to keep it safe for their children; and that they are asking for immediate help. The City Manager reported that the Police Department has responded to many calls to the park and has made numerous arrests; that the City is aware of the problem and is seeking a solution; that Mr. Patron's letter has caused a great deal of concern, but that it is a situation that is very difficult to control; and thai perhaps the parking lot could be posted for limited parking and closed at 8:00 P. M. Mr. Patton stated that the residents are concerned enough that they would be willing to form a Committee to work with the City in any way possible, and requested that someone from the City be named to work with them. Mr. Keith De Sort stated that his home is adjacent to the Portola Park parking lot; thai the young people park in the lot, using their two way radios to pick up police calls, and are aware that patrol cars are on the way; that they toss beer cans, bottles, etc., over the fence into his yard; that if there is heavy ~olice action, residents find broken glass in their yards, air let out of the tires on their cars; and that the people are of high school age mostly, and come not only from the neighborhood around the park, but from other cities as well. Mr. Ben Karcher, 1602 Partola, stated that the residents in the neighborhood cannot enjoy the park, and that he felt the problem could be solved by eliminating the parking lot. Mr. Stan McCurdy, 1609 Portola, stated that there is a large parking lot for the park on Santa Clara, across from the Highway Patrol, and there is no trouble there; and agreed that closing the second parking lot might be the solution. Counciknan Patterson moved to refer the matter to Staff for a continuing effort to resolve the problem, and to report back to Council at the next meeting; and more specifically, to close the parking lot referred to on Portola at 8:00 P,M., each evening. Motion was seconded by Councilman Evans, and unanimously carried. CITY COUNCIL -334- October 4~ 1971 APPEAL #281 - VA 71-46 Councilman Patterson stated he F.E. AND FRANCES M. McCARTER would like to change his vote on Appeal #281 and moved for reconsideration. MOtion was seconded by Councilman Yamamoto and unanimously carried. Councilman Patterson's motion, seconded b y Councilman Evans~ to grant Appeal #281 and instruct the City Attorney to prepare a Resolution granting Variance Application 71-46 subject to conditions of approval contained in the Commission report, carried on the following roll call vote: AYES: Patterson, Evans, Villa, Yamamoto NOES: Griset, Markel ABSENT: I-Ie r rin WAGES AND FRINGE BENEFITS Sgt. J. L. Dittrnan, Chairman, Wage and Fringe Benefit, Santa Ana Police Benevolent Association, spoke in connection with their request pertaining to certain wage and fringe benefits. He stated that his group has reached an impasse with the City Manager in negotiations~ but that they realize no action may be taken until the end of the wage/price freeze; that they wanted to make the Council aware of the problem and make sure that the door is open for further negotiations. The Mayor stated thai they are welcome to come before the Council at any time, but it is hoped that they will continue negotiations with the City Manager and his Staff. WAGE' ~NI) SA~LARY STRUCTURE The City Manager reported orally on recommended changes in the wage and salary structure~ and additions of new programs. He stated that he is recommending an average of 5.4% increase in salaries and wages for the Miscellaneous group of employees, and a 6.7% increase for public safety employees; that the Miscellaneous group is satisfied but the Public Safety employees are in disagreement with Staff recommendations; that in making wage and salary recommendations, he depends heavily on the Wage & Salary Survey which, this year, indicates that the City of Santa Ana has fewer employees and is fifth lowest in cities of 100,000~200,000 population. I-Ie reported that for a number of years there have been requests that the City of Santa Ana grant some sort of termination pay, particularly upon retirement; that he is recommending to the Council that a program be instituted effective January 1~ 1972, in which the employee who retires from length of service shall be granted an amount equivalent to 1/3 of his unused sick leave days. There have also been requests for extension of vacation benefits, and he is proposing that after the sixth year, 1/2 day will be added to an employee's leave each year to the 15th year~ when it will be in line with the present plan which allows an extra ten working days after 20 years of service. He is also recommending that the City institute a program of replacement of tools broken or used by mechanics in the automotive repair shop. He also stated~the City has agreed to the 10-hour 4-day week for police patrol beginning January 1, 1972~ stressing that it is an experiment only; that from the City's viewpoint there are disadvantages and added expense. CITY COUNCIL -335- October 4, 1971 WAGE AND SALARY STRUCTURE - (Continued) The City Manager stated that he is not in favor of the Fire Department's request to reduce fire hours from 59.7 hours to 56 hours, at this time; that the main point of disagreement with the Police Department is their request for a change in the pension system which would be a very expensive procedure and goes far beyond the values which are obtainable by the remaining employees in the City's service. Mr. Steven H. Silver, Attorney, 1255 Lincoln Boulevard, Santa Monica, was present and stated he represents the Santa Aha FiremenTs Benevolent Association because they felt there was some sort of problem or lack of communication between the Association and the City Manager, I-Ie asked that the State law on free and open communication be adhered to by both sides to endeavor to reach agreement on all matters within the scope of representation. The Mayor assured him the Council would hear him at any time, but that consideration at this time would be premature due to the wage/ price freeze; that he hoped the Association would continue to negotiate with the City Manager and Staff. RECESS members present. At 9:55 P.M., a recess was declared. The meeting reconvened at 10:10 P. M., with the same Council BID CALL Councilman Markel suggested that PROJECT 7015 the project to remodel the air conditioning for the City Main Library and connect it to the Central Utility Facility would be more costly than repairing or replacing the present system due to the fact that it would have to be in operation evenings and weekends when other facilities would not need it. The City Manager stated that the Central Utility Facility is connected to the jail, and will provide air conditioning for the State and Federal building also, and therefore must be in continuous operation. On motion of Councilman Patterson, seconded by Councilman Villa, and unanimously carried, Council approved plans and specifications and authorized advertisement for bids on the following: PROJECT 7015 - Remodel air conditioning for City Main Library and connect to Central Utility Facility; opening date November 8, 1971. CITY COUNCIL -336 - October 4, 1971 AGREEMENTS Council approved and authorized the Mayor and Clerk to execute the following agreements: PARK DEVELOPMENT - Lease Agreement between the City of Santa Ana and the Santa Ana Unified School District allowing the City to build a neighborhood park at the McKinley School site at Second and Flower, and allowing the School District to utilize the City's property at First and Flower for school purposes. Motion was made by Councilman Evans, seconded by Councilman Villa, and carried on the following roll call vote: AYES: NOES: ABSENT: Evans, Villa, Griset, Yamamoto~ Markel Herrin Patterson LIBRARY PROCESSING CENTER - Agreement between the State of California, Department of Education, Division of Libraries, and the Santa Aha Public Library for centralized library service. Motion was made by Councilman Yamamoto, seconded by Councilman Villa, and carried on the following roll call vote: AYES: NOES: ABSENT: Yamamoto, Villa, Evans, Griset, Patterson Markel Herrin CHANGE ORDER; PROJECT 7013 - Construction of Santa Ana City Hall, increase in the amount of $2,965.64. Motion was made by Councilman Evans~ seconded by CounciLman Pattersor~ and carried on the following roll call vote: AYES: Evans, Patterson, NOES: Markel ABSENT: Herrin Villa, Griset~ Yamamoto DEEDS WITH CASH On motion of Councilman Villa, GRANTEE. CITY seconded by Councilman Evans, Council approved the following deed, and the Mayor was authorized to sign all necessary documents in connection with the purchase: FLORES, north side of First, west of Western, street purpose s. Motion carried on the following roll call vote: AYES: NOES: ABSENT: Villa, Evans, Griset, Yamamoto, Patterson Markel Herrin CITY COUNCIL -337- October 4, 1971 ALCOHOLIC BEVERAGE LICENSE APPLICATION Councilman Patterson moved to receive and file the following application: DAISY MAYS, 1117 W. 17th Street, On Sale Beer, Person to Person Transfer. Motion was seconded by Mayor Griset, and failed to carry on the following roll call vote: AYES: Patterson, Griset, Villa NOES: Evans, Yamamoto, Markel ABSENT: Herrin FIRE EQUIPMENT In accordance with the provisions EMERGENCY EXPENDITURE of Charter section 421, an emergency expenditure in the amount of $9, 286.00 was authorized on motion of Councilman Patterson, seconded by Councilman Yamamoto, to repower the engine in Pumper II, a 1952 Seagraves (City property #6784, Fire Department Shop #4105). The motion was made upon a finding of fact that the repowering of the fire equipment was necessary for the preservation of life, health and property; that the fire season is upon us and it is imperative that we have all apparatus immediately available for service; and that lhe formal bid procedure would necessitate the Fire Department running dangerously short of apparatus for too long a period of time. The motion carried on the following roll call vote: AYES: NOES: ABSENT: Patterson, Markel, Villa, Evans, Griset, Yamamoto None Herrin ADJOURNMENT The meeting was adjourned at 10:20 P. M., on motion of Council- man Yamamoto, seconded by Counci]mmn Evans, and unanimously carried. Florence I. Malone Clerk of the Council CITY COUNCIL -338- October 4, 1971