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HomeMy WebLinkAbout11-15-1971MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA November 15, 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 Councilmen present: Vernon S. Evans, Wade Herrin, J. Ogden Markel, Ray Villa, Harry K. Yamamoto, and Mayor Lorin Griset. Councilman Jerry M. Patterson was absent for the afternoon session but arrived at 7:30 P.M. 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 Councilman Markel stated he wished to make a correction to the Minutes of the Regular meeting of November 1, 1971. By general consent of the Council, approval of the Minutes was postponed until later in the evening. AGENDA ORDER The Mayor announced that Mr. Dale H. Heinly, Attorney for Mr. and Mrs. Milliken, was present in the audience and had requested that Agenda Item #55 be considered first, if possible. Council- man Herrings motion, seconded by Councilman Evans, to consider Item #55 next, carried unanimously. AMENDMENT APPLICATION #687 Mr. Dale H. Heinly, 611 Civic Center O.M. AND THELMA MILLIKEN Drive West, representing O.M. and Theima Milliken, requested reconsideration of A.A. #687 to rezone property located on Lyon Street between Chestnut Avenue and Warren Street from the R 1 District to the C 2 District. He stated it was his understanding thai the basis for denial at the November 1st meeting was the intrusion of commercial into a predominantly residenlial area; that since the hearing, a tenant, Orco Alarm, has agreed to develop the property for their own use. The Mayor stated that it was his belief that the Council was favorable to a community/commercial type use, but they felt the correct approach would be by variance rather than rezoning. It was established thai both procedures would require approximately the same amount of time to process. In response to questions from the Council, the Director of Planning stated that this is an office-type use except that service vehicles, which are away during the day, are stored on site at night; and that the Planning Department recommends this CITY COUNCIL -372- November 15, 1971 AMENDMENT APPLICATION #687 O.M. AND THELMA MILLIKEN - (Continued) Councilman Herrin's motion, seconded by Councilman Evans, to reconsider Amendment Application #687 carried on a 5 - 1 vote, Councilman Yamamoto voting NO. After further discussion, Council consensus was that the matter should be handled by variance rather than zone change. Councilman Herrin's substitute motion, seconded by Councilman Evans, to reaffirm Council's action of November 1st and deny Amendment Application #687, carried on a 5 - 1 vote, Councilman Villa voting NO. CONSENT CALENDAR The following Agenda items were removed from the Consent Calendar: Item 5, requested by Councilman Yamamoto; Item 8, requested by Councilman Herrin; Items l-F, 9-B, 9-D, requested by Councilman Markel; and Item 7, requested by Councilman Evans. On motion of Councilman Herrin, 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. 641-266 - Fire Hose (replacement); 800' - 3"; 1550'-2 1/2"; 1700' - 11/2"; opening date December 21, 1971. SPEC. 641-267 - Fire Hose (replacement); 800' - 4"; opening date December 21, 1971. SPEC. 641-268 - One (1) Concrete Routing and Joint- Cleaning Machine (replacement for Equipment #1922. There will be no trade-in. The Street Division will keep the old machine for traffic line removing); opening date December 21, 1971. SPEC. 641-269 - One (1) Tennant Model 86 Power Sweeper (added unit for sweeping mall and parking lots); opening date December 21, 1971. PROJECT 6046 - Ball field lighting, modifications in Memorial Park; opening date December 8, 1971. BID AWARDS Awarded contracts as follows: PROJECT 7015 - Remodel air conditioning for City Main Library and connect to Central Ufility Facility. SPEC. 641-254 - 12 Fire Alarm Boxes. CITY COUNCIL -373- November 15, 1971 CONSENT CALENDAR - (Continued) AGREEMENTS Approved and authorized the Mayor and Clerk to execute the following agreements: ENCROACHMENT AGREEMENT - Agreement between the City, Kenneth Kappler, and the Executor, Estate of Harlowe R. Billingsley, to construct a sign on the property at 2210-C North Main Street. PIPE LINE CROSSING - Agreement between the City and the Atchison, Topeka & Santa Fe Railway Company relating to a sewer line crossing at Fairhaven Avenue, STORM DRAIN AGREEMENT - Between the City and the Orange County Flood Control District for construction of a drainage channel at MacArthur ]Boulevard just west of Bristol Street. TRAFFIC CONTROL November 4, 1971, inclusive. Received and ordered filed report of control devices removed or installed October 27 through SOLICITATION APPLICATIONS Approved the following solicitation applications: AMI~ICAN FIELD SERVICE, SANTA ANA CHAPTER - Place canisters in retail stores, to help finance American Field Service International Scholarships; for 60 days from date of approval. GOLDEN CITY KIWANIS CLUB, 204 W. 17th Street; sale of popcorn at Santa Claus parade, funds to be used in ~pport of various charitable organizations; December 4, 1971, only. IRVINE STAR REACHERS 4-H CLUB, 3692 Hamilton Street, sale of ice cream at Santa Claus parade, funds to be used toward building of 4-H farm and to buy flags for the Club; December 4, 1971, only. ALSAC ST. JUDE CHILDREN'S RESEARCH HOSPITAL - 100 Vincent Avenue~ Suite 44)6, West Covina; door-to-door solicitation by teenagers, and canisters, to provide funds for research; November 13 to November 20, 1971. SANTA ANA SEVENTH DAY ADVENTIST CHURCH, door-to- door Christmas caroling to raise funds for health, education, welfare; December 1 to December 31, 1971. CITY COUNCIL -374- November 15, 1971 CONSENT CALENDAR - (Continued) DEEDS, NO CASH Received and ordered filed Report GRANTEE, CITY of No-Cash Deeds accepted by the City Manager, pursuant to Resolution #69-156, from October 28 through November 9, 1971, inclusive. DEEDS, NO CASH GRANTOR, CITY Authorized execution of the following deeds by the Mayor and Clerk: VARIOUS OWNERS OF RECORD, west side of Bristol, north of Sunflower, vehicular access rights. VARIOUS OWNERS OF RECORD, west of Woodland, south of Orian, drainage. TENTATIVE TRACT MAPS Approved the following Tentative Tract Maps: MAP # 7538 - Filed by Harry R. Martin creating twenty- four (24) M 1 lots for industrial use, located generally southwest of the intersection of Lyon Street and MacArthur Boulevard. MAP #7642 - Filed by Cal-Penn Land Company, creating ten (10) R 1 lots for residential use, located on the west side of Euclid Street, 461' north of McFadden Avenue. COMPLETION OF IMPROVEMENTS Authorized release of performance, monument, labor and material bonds on the following: TRACT #7287 - Fairhaven Avenue and Old Grand Avenue. REIMBURSEMENTS Authorized the following reimburse- ment: ~ RICHARD C. HUNSAKER, for street improvements on east side of Main Street from 214' to 562' north of Stevens Avenue in exchange for ultimate dedication on Main Street, R.S. 828, in the amount of $5,165.26. SURPLUS PROPERTY Declared surplus and authorized REPORT #71-13 demolition of improvements located at 1515 West First Street, acquired in connection with Project 1276, Section IV - First Street from Townsend Street to Hesperian Street (SPR 71-13). CITY COUNCIL -375- November 15, 1971 CONSENT CALENDAR - (Continued) BUDGET TRANSFER Authorized transfer of funds as follows: APPROPRIATION ADJUSTMENT #27, to transfer $4,000 from account 51-241-631 to account 51-212-631. CHANGE ORDERS Approved the following Change Orders: PROJECT 1326-A - Construct reinforced concrete box culvert at MacArthur Boulevard and F-02 Channel; Change Order #1, increasing in the amount of $4, 910.00. PROJECT 3022 - Emergency replacement of sanitary sewer in Olive Street from Warner Avenue to Anahurst Place; Change Order #1, increasing in the amount of $247.85. BID CALL Council considered request to advertise for bid on Vehicle Parking District No. 1 (parking lot located on southeast corner of 5th and Bush Streets). Councilman Evans stated he had discussed this with Mr. Lutz of the Parking District Board, and it was not their intent that the bid should include the parking attendant; that this will result in excessively high bids; and that an attendant is not necessary; that the parking lot has recently been re-lined, and appears to be better. Mayor Griset suggested it would be in order to call for bids both with an attendant and without one. On motion of Councilman Herrin, seconded by Councilman Evans, and unanimously carried, Council approved plans and specifications, as amended, and authorized advertisement for bids on the following: VEHICLE PARKING DISTRICT NO. I (PARKING LOT LOCATED ON SOUTHEAST CORNER OF 5TH AND BUSH STREETS); agreement for operation and maintenance with and/or without an attendant; opehing date November 30, 1971. ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Alcoholic Beverage License applications: It was moved by Councilman Herrin, seconded by Councilman Evans, to receive and fi]e the following A. HILLBILLY HAVEN, 1630 S. Standard, On Sale Beer, to Person Transfer. Person B. JIMBO'S, 1211 E. First Street, On Sale Beer, Person to Person T ran sfe r C. WALKER'S MA RKET, 1722 N. Tustin, Off Sale General, Priority #22 Original. D. RED BARON, 1815 S. Main, On Sale Beer, Person to Perso~n Transfer. E. NITTY GRITTY, 1521 N. Harper, On Sale Beer, Person to Person Transfer. CITY COUNCIL -376- November 15, 1971 ALCOHOLIC BEVERAGE LICENSE APPLICATIONS - (Continued) F. CRAIG'S LIQUOR & MARKET, S.E. MacArthur Blvd. and Bristol, Off Sale General, Intercounty Transfer Fee; and to instruct the City Attorney to file a protest with the Alcoholic Beverage Control Board on the following application: G. LA CASA DEL SOL, 3305 S. Bristol, On Sale General, Original. Councilman Yamamoto voted "No" because hei objected to items A, B, D, and E. VARIANCES AND On motion of Councilman Yamamoto, CONDITIONAL USE PERMITS seconded by Councilman Villa, and carried on a 5 - 1 vote, Councilman Evans dissenting, Council received and ordered filed the following Conditional Use Permit: CUP 71-29, HULDA M. CANTU - To allow a rest home in the-R 1 District at 4609 W. Maurie Street; APPROVED. PUBLIC PROPERTY USE In the discussion of the application of Robert E. Dueker to sell fresh- cut flowers to the public, using certain street corners in the City of Santa Aha, Councilman Herrin stated that he recognized the problem which exists if people stop and block traffic while making a purchase, but that he is opposed to the policy of denying such enterprise in places where it would not create that problem. Councilman Yamamoto agreed with the statements on free enterprise, but questioned the amount of money the children would make, and stated that he knew of two locations requested which would be next to flower shops. In response to a question from Councilman Villa, Mr. Wolford stated that no approval has been granted for this type of vending, and that if flowers are being sold on street corners in this manner, the operation is illegal. Councilman Markel suggested that the application could be modified to eliminate the traffic hazard. The applicant, Mr. Robert E. Dueker, 6701 Whitaker Avenue, Van Nuys, 91406, stated that the intersections shown with his application were selected from a map and all would not necessarily be used; that they would not operate near a flower shop or a fire station. The City Attorney stated that this application was not properly sought under Section 10.7 of the Code, which is one granting permission for parades, etc. He further stated that if this application is approved, Mr. Dueker would be receiving permission to use City property for private gain, and private enterprise is being unfairly competed against through the use of public property. CITY COUNCIL -377- November 15, 1971 PUBLIC PROPERTY USE - (Continued) Councilman Herrin's motion, seconded by Councilman Evans, to deny the Application for Special License to Use Public Property filed by Robert E. Dueker to sell fresh-cut flowers to the public on Friday and Saturday evening from 4:00 P.M. to 8:00 P.M., at major intersections in the City, carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Griset, Yamamoto Villa, Markel Patterson DEEDS WITH CASH GRANTEE, CITY Councilman Markel moved to disapprove the following deeds: MARUMOTO, south side of First, east of Franklin, street purposes. R.V. BALLESTER, south side of First, east side of Daisy, street purposes. M.E. BALLESTER, ET AL, south side of First, west side of Franklin, street purposes. The motion failed for lack of a second. Councilman Herrin's motion, seconded by Councilman Evans to approve the deeds and authorize the Mayor to sign all necessary documents in connection with the purchase, carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Villa, Griset, Yamamoto Markel Patterson DEEDS WITH CASH On the unanimously approved GRANTEE, CITY motion of Councilman Markel, seconded by Councilman Herrin, the following deed was approved and the Mayor was authorized to sign all necessary documents in connection with the purchase: EUGENE A. ROBINSON~ ET AL, south side of Seventeenth Street, east side of Main, street purposes. RECESS members present. At 3:00 P.M., a recess was declared. The meeting reconvened Jt~3:10 P.M. with the same Council READING WAIVED On motion of Councilman Herrin, 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. CITY COUNCIL -378- November 15, 1971 ORD. NS-1094 ORDINANCE NS-1094 AMENDING CIVIL SERVICE REGULATIONS THE SANTA ANA MUNICIPAL CODE BY ADDING SECTION 9-146 AND AMENDING SECTIONS 9-11, 9-37, 9-130, 9-131, 9-132, 9-133, 9-136, 9-139, 9-140, 9-163, 9-166, 9-167, 9-183, 9-190, 9-191, 9-192 AND 9-193 PERTAINING TO CIVIL SERVICE REGULATIONS was adopted, on motion of Councilman IIerrin, seconded by Councilman Evans, and carried on the following roll call vote: AYES: IIerrin, Evans, Villa, Griset, Yamamoto, Markel NOES: None ABSENT: Patterson ORD. NS-1095 ORDINANCE NS-1095 CHANGING A.A. 686 ZONING CLASSIFICATION ON ROBERT II. GRANT CORPORATION AMENDMENT APPLICATION 686 FILED BY THE ROBERT H. GRANT CORPORATION AND AMENDING SECTIONAL DISTRICT MAP 25-5-10 (EXHIBIT A.A. 686-A) was adopted, on motion of Councilman Herrin, seconded by Council- man Evans, and carried on the following roll call vote: AYES: Herrin, Evans, NOES: None ABSENT: Patterson Villa, Griset, Yamamoto, Markel ORD. NS 4097 ORDINANCE NS-1097 CHANGING A.A. 688 ZONING CLASSIFICATION ON PLANNING COMMISSION AMENDMENT APPLICATION 688 INITIATED BY THE PLANNING COMMISSION AMENDING SECTIONAL DISTRICT MAP 30-5-9 (EXHIBIT A.A. 688~A) was adopted on motion of Councilman Evans, seconded by Councilman Yamamoto, and carried on the following roll call vote: AYES: NOES: ABSENT: Evans, Yamamoto, Villa, Herrin, Griset, Markel None Patterson ORD. NS-1099 AUTOMOBILE INSURANCE LIABILITY PROTECTION PROTECTION FROM $100,000/300, 000 ORDINANCE NS-1099 AMENDING SANTA ANA MUNICIPAL CODE SECTION 38-8, REDUCING UNINSURED MOTORISTS TO $15, 000/30,000 AND INCREASING PROPERTY DAMAGE FROM $10,000 TO $100,000 was passed to second reading on motion of Councilman Herrin, seconded by Councilman Yamamoto, and unanimously carried. RES. 71-108 RESOLUTION 71-108 APPROVING TIIIRD AND FLOWER APPLICATION OF THE CITY OF PARK SITE SANTA ANA FOR LAND AND WATER CONSERVATION FUNDS THIRD AND FLOWER STREET PARK PROJECT was adopted on motion of Councilman Villa, seconded by Councilman Yamamoto, and carried on the followi~ng roll call vote: AYES: Villa, Yamamoto, Evans, Griset NOES: Herrin, Markel ABSENT: Patterson CITY COUNCIL -379- November 15, 1971 TOPICS PROGRAM The Director of Public Works discussed various aspects of the traffic problem, nation-wide as well as in Santa Aha, and some of the prospects for improvement. He stated thai he recommends pedestrian crosswalks where the intersection is controlled, but where there is no method of control, the pedestrian is safer without a crosswalk; that a smooth flow of traffic at reasonable speed is safest; that ~vhen there is a question, the Traffic Engineers conduct traffic counts, research, surveys, and b ring all together with their owr~ experience to find the solution; that a Federal grant will be of tremendous benefit in conducting the necessary programs; that plans and specifications will be brought to Council in the next few months, bat that Federal approval probably will not be received until mid-summer 1972. Councilman Herrin spoke in opposition to relying on the Federal Government for assistance in these matters. In response to questions from the Council, Mr. Wolford stated the kind of projects eligible for the TOPICS program are small ones, such as signals, short distance street widening, etc. Councilman Yamamoto's motion, seconded by Councilman Villa~ to receive and file the Public Works Director's report dated November 8, 1971, and to accept the project recommendations as outlined, carried on a 5 - i vote, Councilman Herrin voting NO. WASHINGTON AVENUE On the unanimously approved motion TRAFFIC STUDY REPORT of Councilman Herrin, seconded by Councilman Evans, a public hearing was set for December $, 1971, to consider the prohibition of parking on Washington Avenue in accordance with report dated November 8, 1971, from the Director of Public Works. CALIFORNIA TRAFFIC SAFETY It was moved by Councilman Villa, PROGRAM GRANT seconded by Councilman Yamamoto, to approve the following recommendations contained in report dated November 8, 1971, from Director of Public Works concerning a study to identify hazardous traffic locations, analyze the cause of accidents, and recommend corrective measures to eliminate or minimize the hazards: 1. Accept the Federal Grant for the Identification and Surveillance of Accident Locations. 2. Authorize a new position for an Associate Engineer in the Department of Public Works. 3. Authorize the staff to recruit and employ a qualified traffic engineer to fill the position for a 15-month period, ending March 31, 1973. The motion carried on the following roll call vote: AYES: NOES: ABSENT: Villa, Yamamoto, Evans, Griset Herrin, Markel Patterson CITY COUNCIL -380- November 15, 1971 FAIRVIEW STREET Mrs. Nancy Bratt, 2714 W. Carlton TRAFFIC STUDY Place, presented petitions containing 168 signatures of residents in the area of Fairview Street, between Edinger and Warner, requesting traffic controls at Fair- view Street and St. Andrew Place. Councilman Herrin's motion, seconded by Councilman Markel, to receive and file the petitions, was unanimously carried. Mrs. Bratt stated that the posted speed limit on Fairview Street between Edinger and Warner is 40; however, cars have been clocked at 70 mph; that the traffic is very heavy and the street is wide; and that pedestrians cannot get across the street. She stated further that students attending Mitchell, Mountain View, and Valley High School must cross Fairview in this area; that after a motorist stops at Edinger, there is nothing to slow his speed and many children run across the street in front of the cars; she mentioned several accidents in which parked cars and pedestrians have been hit; and she presented pictures showing the intersections and the problems. Mrs. Bratt made the following recommendations: (1) a flashing four-way stop signal at Fairview and St. Andrew; (2) restrict parking up to 100' of the intersection; and (3) reduce speeds on Fairview Street. In response to a question from the Mayor, the City Manager gave assurance of continued interest, continued checking by the Public Works Department and enforce- ment by the Police Department. The Director of Public Works stated that the intersection at Fairview and St. Andrew does not meet the warrant for a traffic signal. Mr. Richard Bratt, 2714 W. Carlton Place, spoke in favor of additional traffic controls in this area, stating the problem is major. Councilman Herrin's motion to deny the request to install a traffic signal at Fairview Street and St. Andrew Place; and that no painted crosswalk be installed on Fairview Street at St. Andrew Place, failed for lack of a second. Councilman Evans moved that the speed on Fairview Street between Edinger and Harvard be reduced from 40 mph to 35 mph, and that painted crosswalks be installed on Fairview Street at St. Andrew Place. The motion was seconded by Councilman Markel and carried on the following roll call vote: AYES: NOES: ABSENT: Evans, Villa, Yamamoto, Markel Herrin, Griset Patterson RECESS At 4:15 P.M., a recess was declared. The meeting reconvened at 4:20 P. M. with the same Council members present~ CITY COUNCIL -381- Novemberl5, 1971 CONSTRUCTION OF SIDEWALKS On motion of Councilman Evans, seconded by Councilman Villa, a nd unanimously carried, Council approved the recommendation in staff report dated November 10, 1971, concerning the need for sidewalks on the south side of First Street between McClay and Lyon Streets, and instructed the Director of Public Works to issue notices to construct sidewalk under Chapter 27 of the Improvement Act of 1911 to the owners of the two vemaining parcels at this location. SPEED LIMIT STUDY Council approved the proposed speed limits for the applicable sections of streets as outlined in report dated November 10, 1971, from Director of Public Works, and instructed the City Attorney to prepare the necessary amendments to the Municipal Code, on motion of Council- man Evans, seconded by Councilman Yamamoto, and unanimously carried. SUMMARY OF COUNCIL REFERRALS action was taken. Council considered the report of action items referred to staff by Council which are still pending. No TRAFFIC STUDY Councilman Villa asked for status FIRST AND JACKSON of the traffic study at First and Jackson; the Director of Public Works reported that the location does not meet the warrants for a signal. SANITATION DISTRICTS Mayor Griset reported that the State is requiring that the discharge of water from sewers must be treated to bring it close to drinking level; that the cost of this operation for the County of Orange through 1975 would amount to $75,000,000; that there is very little inforrra tion that the current discharge under a primary treatment arrangement is deleterious to the ocean environment; that a study is being conducted by the Southern California Coastal Water Research Project which will be completed in approximately one year; and that all cities are being requested to join in a Resolution of protest, requesting that the matter be delayed until completion of the study. Councilman Markel's motion to endorse Resolution 71-139 of the Joint Boards of Directors of the County Sanitation Districts, requesting the State Water Resources Control Board to postpone decisions on the implementation of the proposed State policy for discharge to open .ocean winters until the conclusion ~f the Soultkern Califoi~nia Coastal Wat~er R~search Project's~udies, was seconded by Councilman YIerrin, and unanimously carried. CITY COUNCIL -382 - November 15, 1971 COMPLAINT - POLICE ACTION Councilman Villa read a letter from Mrs. Dorothy Ann Shelton, teacher, concerning recent Police action at SEI~, and requested that it be set oat in the Minutes in full. " To: Mr. Ray Villa Director, Operation SER From: Dorothy Ann Shelton Teacher, Santa Aha College Subject: Dora Valenzuela, Student While you were out of the office yesterday, a Santa Ana Police Officer entered the premises in, I am sure, a line of duty. However, his actions and the subsequent reactions of the students are of great concern to me. As you are aware, the educational code places a teacher in full charge of students. Any removal of students from class must be cleared by the teacher. The following actions took place, which I think should be called to the attention of the Santa Ana Police Department regarding these instances. 1. The officer was unnecessarily loud of voice. 2. He was extremely rude and discourteous. 3. He gave no reason for disrupting the classes and the teachers. 4. The officer's attitude was one of complete disre- spect animosity and detachment. 5. The reaction of both students and teacher was one of shock and disbelief at this exhibition. 6. I feel this acfion should be reported because the students are now placed in the position of judging all police by the actions of one. "It should be stated further that Dora Valenzuela entered this clerical program on September 23 and was absent only three days until November 8, 1971. Last Wednesday, November 10, Dora Valenzuela's mother came to Operation SER, and requested that Dora be reinstated. This action was refused on the grounds that she had lied about her age and was only seventeen years old." ~pu~n, Gilman Villa stated that he felt ~his shqul~i be ~brought out in public due to,. lack of action by the Police Chief and City Manager. CITY COUNCIL -383- November 15, 1971 APPLICATION TO USE PUBLIC The Clerk of the Council presented I~ROPERTY an Application for Special License to Use Public Property received from the Santa Ana Jr. Chamber of Commerce too late to process in the normal manner. On motion of Councilman Herrin, seconded by Councilman Evans, and unanimously carried, Council approved the following application: SANTA ANA JR. CHAMBER OF COMMERCE, Annual Christmas Parade, December 4, 10:00 A.M. to 3:30 P.M. TENTATIVE PARCEL MAP #719 Mr. Fore, 7601 Garden Grove Boulevard, Garden Grove, representing the subdivider presented Tentative Parcel Map #719 which was scheduled for presentation on December 6, 1971. He stated that because of financial problems he was requesting that the matter be considered at this meeting. On motion of Councilman Herrin, seconded by Councilman Markel, and unanimously carried, Council approved the following Tentative Parcel Map, subject to conditions contained in Planning Director' s report dated November 1], and waived the alley requirement: MAP #719 - Filed by S.A. Lincoln Corporation and David W. Prizio creating three (3) C 2 and one (1) C 2-M 1 parcels for commercial and industrial use, located generally on the south side of Westminster Avenue, 1535' east of Harbor Boulevard. VA #70-63 Mr. Rod Bethea was present on LORRAINE B. ELAM behalf of Mrs. Lorraine B. Elam, 5106 Hazard Avenue. He stated that approximately a year ago Mrs. Elam was granted a temporary variance for one year to permit the establishment of an automobile wrecking yard on a lot in the R 1 District at 5107 West Hazard Avenue; that the tenant has been unable to find a new location for his business; that Mrs. Elam is unable to pay the $100 necessary to file application for a new variance; and he requested that Council modify its previous Resolution to permit the applicant to bring the matter back directly without the necessity of filing for a new variance. The City Attorney stated that Section 41-649 of the S.A.M.C. states any modification of a Conditional Use Permit, Variance Application, etc., will necessitate the filing of a new application; that any proposed change must have a hearing, with proper notification to persons interested. Councilman Herrings motion to deny Mr. Bethea's request to extend the time limit on Variance Application #70-63, Lorraine B. Elam, was seconded by Councilman Yamamoto, and carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Yamamoto, Villa, Evans Patterson Griset, Markel CITY COUNCIL -384- November 15, 1971 ORANGE COUNTY FLOOD The City Manager read an CONTROL DISTRICT invitation from the Orange County Flood Control District to all members of the City Council to attend their meeting in the l=ountain Valley City Hall on November 17, at 7:30 P.M., whena report of studies of the U.S. Corps of Engineers on the Prado Dam and Flood Control furc tions of the Santa Ana River will be presented. Councilman Yamamoto will attend, representing the City of Santa Ana. MADISON PARK Councilman Evans called attention 'to a parking problem at Madison Park, Standard and Edinger. He stated that a group of persons wishing to use the park early one Sunday morning, about 8:00 A.M., were unable to find space to park their cars because the parking lot was filled, apparently with cars from an apartment complex across the street. Staff will check on the matter. RECESS At 4:55 P.M., the meeting was adjourne~d to a dinner meeting with the School Board at the Saddleback Inn, Westwind Room, at ~;45 P. M., for discussion of school and park joint usage and the School District's building program. The meeting was reconvened at the City Hall Annex at 7:30 P. M. , with all Council members present. Following the Pledge of Allegiance to the Flag, the Invocation was given by the Reverend Wilbur ]Fix of the Grand Avenue United Methodist Church. EXCHANGE OF PARK PROPERTIES The Mayor opened the public hearing FOR SCHOOL SITES on the proposed exchange of park properties for school sites. The Assistant City Manager stated that the proposed resolution would provide for exchange of two properties -- one at Monroe and the other at E1 Salvador Park; that there would be no immediate exchange of dollars or property, but the resolution would provide that such exchange would occur within one year from the date of the agreements, and directs the respective attorneys for the School Board and the City to prepare the necessary documents to accomplish the exchange. Mr. Howard Harrison, representing the Santa Ana Board of Education, emphasized that the schools are committed to rebuilding at 7]Fremo~ff and Monroe; that the proposed exchange of properties met the approval of the Planning and Recreation Commissions; that it would be advantageous to both the school district and the city; and that the School Board highly recommends it. There were no further proponents or opponents. The Clerk reported no written communications had been received, and the Mayor closed the public hearing. CITY COUNCIL -385- November 15, 1971 EXCHANGE OF PARK PROPERTIES FOR SCHOOL SITES - (Continued) Councilman Markel spoke in opposition to the plan, stating that he felt it would be taking park property out of the General Plan, and that it would have to be replaced by money from another source. He felt the School Board should make other arrangements for rebuilding Fremont School. Councilman Villa's motion, seconded by Councilman Patterson, to adopt RESOLUTION 71-110, RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SANTA ANA UNIFIED SCHOOL DISTRICT FOR THE PURCHASE OR EXCHANGE OF CITY OWNED PROPERTIES, carried on the following roll call vote: AYES: NOES: ABSENT: Villa, Patterson, Evans, Herrin, Markel None Griset, Yamamoto STREET VACATION The Mayor opened the public hearing on the proposed alley vacation, north of Civic Center Drive between Ross Street and Van Ness ,~venue. The Director of Public Works briefly explained the reason for the County Employees' Association request for vacation of the alley and recommended adoption of the re solution. There were no proponents or opponents, and the Clerk reported no written communications had been received. The Mayor closed the public hearing. RESOLUTION 71-106 ORDERING THE VACATION OF ALLEY ON NORTH SIDE OF CIVIC CENTER DRIVE BETWEEN ROSS STREET AND VAN NESS AVENUE; RESERVING AN EASEMENT THEREIN FOR PACIFIC TELEPHONE COMPANY was adopted on motion of Councilman Evansj seconded by Councilman FIerrin, and carried on the following roll call vote: AYES: NOES: ABSENT: Evans, Herrin, Villa, Griset, Yamamoto, Patterson, Markel None None APPLICATION FOR At the request of the applicant, PAWNBROKER'S CERTIFICATE this matter was postponed until later in the evening, on motion of Councilman Herrin, seconded by Councilman Markel, and unanimously carried. VA 71-51 The Mayor opened the public CHADRON L. WILLIAMS hearing on Variance Application 71-51 filed by Chadron L. Williams to allow parking in the required 15' front setback in the P District, and to omit landscaping, at 1041 W. First Street. CITY COUNCIL -386- November 15, 1971 VA 71-51, CHADiRON L. WILLIAMS - (Continued) The Director of Planning reviewed the circumstances leading to this Application for Variance, stating that the Municipal Code requires 15' of landscape setback in the P zone, and in addition, a 5' strip of landscaping along the front of the parking lot; and that one parking space for each 150' of sales area is required; that even by waiving landscaping requirements, the parking requirements cannot be met. He stated that staff recommendation is denial. The City Attorney stated that the City entered into an agreement with Mr. Williams whereby it was recognized that an existing building would have to be demolished for widening of First Street; that Mr. Williams was given permission to use it or demolish it himself; that he chose to move the building to a temporary location. He stated that at the same time, Mr. Williams ~urchasedf apie'ce of adjacent property from Mr. Vanderpool; that Mr. Williams erected a new building which required additional parking spaces; that plans for the de velopment of the property were not part of the escrow. Mr. Keith Pocock, Attorney representing Mr. Williams, stated that Mr. Williams had presented ~ plan to the Planning Commission; that relocation of the old building was part of the original negotiations; that additional parking :spaces could be made by deleting requirements for landscaping; and he presented plot plans indicating an arrangement to provide additional parking, leaving a triangular-shaped parcel where a tree could be planted. There were no further proponents or opponents, and the Clerk reported no written communications had been received. The Mayor closed the public hearing. In response to questions from the Council, the Planning Director stated that the new plan did not comply with parking requirements; that even if landscaping were deleted, there was no way to meet the required parking; that the variance for the new building was granted with the understanding that the existing building would be destroyed; that the problem arose with the second building; and that there is a shortage of 6 parking space~ based on retail use for both buildings. Councilman Herrin stated that the problem has arisen because of the necessity for the applicant to relocate due to the widening of First Street; that a new development would be required to comply with the Code, but that the City has an obligation to help relieve some of the problems created in the widening of the street. Councilman Evans concurred, and moved to receive and file Variance Application 71-51, affirming the~ction of the Planning Commission to approve. Motion was seconded by Courfcilman Herrin, and carried on the following roll call vote: / AYES: NOES: ABSENT: Evans, Herrin, Villa, Griset Yamamoto, Patterson, Markel None CITY COUNCIL -387- November 15, 1971 RECESS present. At 8:25 P.M., a recess was declared. The meeting reconvened at 8:35 P.M. with all Councilmen APPEAL #284 The Mayor opened the public hearing CUP 71-22 on Appeal #284 filed by Richard C. RICHARD C. BRUCE Bruce appealing the decision of the Planning Commission denying Conditional Use Permit 71-22 to allow an automobile salvage and wrecking yard in the M 2 District at 920 E. 6th Street. The Planning Director stated that applicant filed an application for a Conditional Use Permit to expand operations at the above location; that in the interim, he also applied for a fence permit which was issued with the stipulation thai it would be for storage only; that shortly after the fence was erected, impounding and wrecking was begun; that the policy of the Planning Commission is to exercise control over the operations of these facilities and it was felt that there are a sufficient number of wrecking and salvage yards in the City. The applicant, Richard C. Bruce, 920 E. 6th Street, Santa Ana, stated that one of the reasons for denial by the Planning Commission was that there are plans for multi-residential use in the area; that there is a railroad across the street, and dirt and dust from the railroad would make apartments a financial disaster, or create a run-down area; that almost all of his automobiles are police impounds; that the only way he can make his money back is to tear the cars down and sell them piece by piece. The following persons also spoke in favor of the appeal:: Mr. Dick Crite Mr. John Gowan, 915 E. 4th Street. There were no further proponents of opponents in this matter, and the Clerk reported no written communications had been~'ec~ivekt. The Mayor closed the public hearing. In response to questions from Council, the Director of Planning stated that the applicant has bee n engaged in scrap metal business at this location; that the problem arose when automobiles were moved in for wrecking; and that even in the M 2 zone a Conditional Use Permit is required for this use. The Council consensus was that, although the operation would not be detrimental to the area at the present time, they would not want to approve an expanded use which would not be compatible with the highest and best development of the area in the future. Councilman Yamamoto moved to overrule the action of the Planning Commission and instruct the City Attorney to prepare a Resolution' approving Conditional Use Permit 71-22 subject to annual review by the Council and other appropriate conditionS. The motion was seconded by Councilman Herrin. CITY COUNCIL -388- November 15, 1971 APPEAL #284, CUP 71-22, RICHARD C. BRUCE -(Continued) Councilman Patterson~ohjected to the one-year limit, since the applicant could go to a lot of expense to comply with the Conditional Use Permit, and then have it denied at the time of review. He suggested three years might be more realistic. Councilman Patterson's motion, seconded by Councilman Market, to grant the appeal and instruct the City Attorney to prepare a Resolution-approving Conditional Use Permit 71-22 for a three-year period, with appropriate conditions, carried on the following roll call vote: AYES: Patterson, Markel, Villa, Herrin, Griset NOES: Evans, Yamamoto ABSENT: None APPLICATION FOR PAWNBROKER'S The Mayor opened the public LICENSE hearing on the application of Robert Borgerson for a pawnbroker's license which was denied by the Santa Ana Police Department. The applicant, Robert Borgerson, 13061 Eton Place, was present and briefly reviewed the reason for the Police Chief's denial of the license. Mr. Philip Eaton, Attorney, 401 Civic Center Drive West, spoke in behalf of the applicant, stating that in 1968 Mr. Borgerson was convicted of receiving stolen property but that a year and a half later he withdrew his plea of guilty and the charges against him were dismissed; that the applicant has operated a service station in Santa. Ana for the past three years with no problems; that the active partner in the business willbe Robert Holland. The City Attorney stated that the original application was filed by Mr. Holland; that only through Police Department questioning was it determined that Mr. Borgerson was also interested; that there was misrepresentation of fact, which is basis for denial. In response to questions, Mr. Borgerson stated that in the beginning there was no partnership; that he was backing Mr. Holland finanC~ally; that he wished to have better security and more return on his money and entered into a 50-50 partnership w~th Mr. Holland. Councilman Herrin's motion, seconded by Councilman Evans to uphold the Police Chief's denial of'a C~rtificate to engage in the business of a Pawn- broker in the City of Santa Ana, failed to carry on the following roll call vote: AYES: Herrin, Evans NOES: Villa, Griset, Yamamoto, Patterson, Markel ABSENT: None CITY COUNCIL -389- November 15, 1971 APPLICATION FOR PAWNBROKER'S LICENSE - (Continued) Councilman Villa's motion seconded by Councilman Yamamoto, to grant the appeal, failed to carry on the following roll call vote: AYES: NOES: ABSENT: Villa, Yamamoto, Griset Evans, Herrin, Patterson, None Markel In further discussion, it was determined that Mr. Robert Holland applied for the Pawnbroker's license which was denied because of the conviction of Mr. Borgerson; and that Mr. Borgerson then filed the appeal. Councilman Patterson stated he could see no misrepresentation, since at the time the application was filed there was no partner, and subsequent to that time the situation changed from a loan to a partnership. Councilman Villa's motion to continue the matter until the next regular Council meeting in order to obtain clarification of the facts was seconded by Councilman Patterson, and carried on the following ~oll call vote: AYES: NOES: ABSENT: Villa, Patterson, Griset, Yamamoto Evans, Herrin, Markel None RECESS members present. At 9:50 P.M., a recess was declared. The meeting reconvened at 10:00 P.M. with all Council SALARY AND WAGE The City Manager reported that the ADJUSTMENTS recommendations for adjustments in the wage and salary schedules being presented were in conformance with Federal controls and were acceptable under the terms and conditions of the second phase of the program; that the minimum increase would be 3.5%, and is restricted to 6% maximum for certain other classifications, with an over-all increase of 5.5%; that the proposal is a statement of a partial set of changes in the compensation pattern for City employees who are very competent and should not be asked to wait for further clarifications which would affect only a small number of the total number of City employees; that the Staff will continue to meet and confer with representatives of the employee group~ up to and including the date of the next Council meeting. In response to questions from Council, the City Manager stated that an increase of 8. 5% could not be given, but Staff feels they can give 6% to certain employees as long as ii does not push the total above 5.5%. Mr. Steven H. Silver, Attorney, 1255 Lincoln Boulevard, Santa Monica, representing the Firemen's Benevolent Association, stated that they desire to continue to meet and confer on some of the items that have been deferred; that they welcome the partial proposal and pledge their support and assistance in securing approval of the additional 2.5%; that they object to imposing a cut-off date of December 6th for negotiations; that he feels at this moment negotiations are meaningful concerning hours and fringe benefits and he would not like to see those negotiations destroyed by an arbitrary deadline. CITY COUNCIL -390- November 15, 1971 SALARY AND WAGE ADJUSTMENTS - (Continued) Councilman Herrin spoke against wage and salary increases, stating that he believed wages should be determined on the basis of supply and demand, not just by comparison with other government agencies; and expressed doubt that we are advancing toward the best interests of an economical society. Mr. Michael Feeney, 2710 N. Lyon Street, was present to represent the City Employees Association. He stated that his organization, representing the Miscellaneous Employees of the City, accepts the adjustments as proposed, with minor exceptions; that it is realized there is unemployment in c~rtain fields, such as aerospace, but that it is imperative that City employees be provided a compensatory wage equal to cities we are now compared with; that Santa Ana has one of the lowest costs per resident; and requested Council to consider the employee~' interests. Mr. Silver spoke again, stating he agreed 100% with Councilman Herrin's statement that productivity should be considered in determining the value of the employee; and called attention to the fact that Santa Ana's Fire Department is one of the top-rated departments in the United States. Councilman Evans stated he does not agree with blanket percentage raises; that he would prefer to consider all individuals on their own merits. RESOLUTION 71-111 AMENDING SECTIONS 2 AND 3 OF RESOLUTION NO. 58-281 was adopted on motion of Councilman Patterson, seconded by Council- man Villa, and carried on the following roll call vote: AYES: NOES: ABSENT: Patterson, Villa, Evans, Griset, Yamamoto, Markel Herrin None SANTA ANITA PARK Mr. Charles Patterson, 222 Figueroa, stated there is no crosswalk for children to cross Harbor Boulevard to get to Santa Anita Park; that they must walk three blocks to a crosswalk, and rather than do that, they are trying to cross where there is nothing to protect them. Mr. Patterson spoke further concerning Police coverage in the same area, and suggested that there would be better coverage and better understanding with the citizens of the area if the officers would sometimes leave their cars and walk through the neighborhood, getting acquainted with the people; that most people in the neighborhood don't know who to talk to or where to go when there are problems. MINUTES Councilman Markel requested the following change in the wording of of Minutes of November l, 197h On page 365, paragraph 5, second line, change the word "involvements" to "specific construction details . . " CITY COUNCIL -391- November 15, 1971 MINUTES - (Continued) On motion of Councilman Yamamoto, seconded by Councilman Villa, and unanimously carried, the Minutes of the Regular Meeting of November were approved as amended. 1971, On motion of Councilman Villa, seconded by Councilman Patterson, and unanimously carried, Councilman Yamamoto was excused from the regular meeting of December 6, 1971, since he will be on vacation at that time. EXECUTIVE SESSION At 10:40 P.M., Council adjoUrned to an Executive Session for consideration of legal matters. ADJOURNMENT the meeting adjourned. At 11:05 P.M., Council reconvened with all members present. The Mayor announced Florence I. Malone Clerk of the Council CITY COUNCIL -392- November 15, 1971