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HomeMy WebLinkAbout12-06-1971MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA December 6, 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: Wade Herrin, J. Ogden Markel Jerry M. Patterson, Ray Villa, and Mayor Lorin Griset. Councilman Harry K. Yamamoto was absent. Councilman Vernon S. Evans arrived at 2:15 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 The minutes of the special meeting of November 5 and the regular meeting of November 15, 1971, were approved as submitted on motion of Councilman Villa, seconded by Councilman Patterson, and unanimously carried. CONSENT CALENDAR The following Agenda items were removed from the Consent Calendar: Items 6-A, B, C, D, and E, requested by the Mayor; Items 3 and 7-E and F, requested by Council-; man Villa; Items 2-A, 5-F and L, 7-A and G, 9-B and C, 10-B, 15-A and B, 16-A, B, and C, requested by Councilman Markel. Councilman Evans arrived at 2:15 P.M. and requested that the following items be removed from the Consent Calendar: Items 5-A, D, E, H, J, and K, 7-H andI, and 10-D. On motion of Councilman Patterson, seconded by Councilman Herrin, and unanimously cari~ied, 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: PROJECT 7023 - Replace pump at Well 13; opening date December 27, 1971. BID AWARDS Awarded contracts as follows: SPEC. 641-256, fabricate 14-inch steel pipe and fittings, cement lined and coated for chahnel crossing at Dyer Road and Flower Street; awarded contract to United Concrete Pipe, Riverside, on basis of low bid; and rejected all other bids. CITY COUNCIL -393- December 6, 1971 CONSENT CALENDAR - (Continued SPEC. 641-255, annual requirement, cold water meters, fire service type, 8" x 4"; awarded contract to the only bidder, Hersey Products, Inc., Los Angeles. TRAFFIC November 26, 1971, inclusive. Received and ordered filed report of control devices removed or installed November 8 through ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and ordered filed the following Alcoholic Beverage License Applications: M. P. 'S LIQUOR, 2734 N. Bristol, Off Sale General, Person to Person; KEY SUPER LIQUOR, 2520 N. Grand, Off Sale General, Original; WARNER HOUSE SOUTH, 230 W. Warner, Suite 101, On Sale General, 100% Stock Transfer; BOTTLE SHOP, 4502 W. Bolsa, Off Sale General, Person to Person. SOLICITATION APPLICATIONS Approved the following applications: SERVICES FOR THE BLIND, INC., 160 W. Coast Highway, Laguna Beach; telephone soliciting for sale of ChTistmas trees for operating expenses; from December 7 to December 24, 1971. KINGSMEN DRUM & BUGLE CORPS, 407 Hillcrest, Placentia; Christmas wrapping booth for funds to support non-profit youth organization; December l0 to December 24, 1971. VARIANCES AND CONDITIONAL USE PERMITS Received and ordered filed the following applications: EX 71-13, STANDARD PACIFIC CORPORATION - To reduce the rear year setback to 16' in the lq 1 District at 3005 S. Center Street; APPROVED. VA 71-53, LENORE W. BROWN - To construct a triplex on a lot in the R 1 District at 531 E. Bishop Street; DENIED. CUP 71-24, ROBERT H. GRANT COMPANY - To construct a church and educational units in the R 1 District at 621 W. Alton Avenue; APPROVED. CUP 71-33, SANTA ANA MOOSE LODGE #1025 - To serve liquor within 300' of residential area; APPROVED. CITY COUNCIL -394- December 6, 1971 CONSENT CALENDAR - (Continued) DEEDS pursuant to Resolution #69-156 30, 1971, inclusive. Received and ordered filed a report of No-Cash Deeds accepted by the City Manager, from November 10 through November DEEDS WITH CASH GRANTOR, CITY the following sale: Approved deeds and authorized the Mayor to sign all necessary documents in connection with CONLEY, north side of Seventeenth, Main to Bush, sale of surplus property to abutting owner per SPR 4-69 and SPR 5-69 approved by Council on 1/20/69. TENTATIVE PARCEL MAPS Approved the following maps, subject to conditions contained in Planning Director's report and waived the alley requirement for #718 and #721: TENTATIVE PARCEL MAP #718 - Filed by J., Eugene Rohrs, creating three (3) C 4 and one (1) C 4, R 1 parcel for commercial and residential purposes, located generally at the northwest corner of Lincoln Avenue and 17th Street. TENTATIVE PARCEL MAP #721 - Filed by Standard Brands Paints Company creating three CM and C 2 parcels for commercial and manufacturing uses, located generally on the west side of Main Street, 625 feet south of Warner Avenue. TENTATIVE PARCEL MAP #723 - Filed by FrankH. Riemer, creating two M 1 parcels for industrial purposes, located generally west of Fairview between Segerstrom and Warner. FINAL TRACT MAP Approved the final map, accepted ih~ dedications thereon, and the bonds, and authorized execution of the subdivision agreement, on the following: MAP #7494 - South of Dyer Road and west of Main Street three (3) lots. cOMpLETION OF IMPROVEMENTS Authorized release of performance, monument, labor and material bonds on the following: TRACT #6573 - Edinger Avenue and Boyd Street TRACT #7474 - St. Gertrude Place and Lyon Street TRACT #7356 - Joanna Drive and Linwood Street CITY COUNCIL -395- December 6, 1971 CONSENT CALENDAR - (Continued) REIMBURSEMENTS Authorized the following reimbursements: SPURGEON UNITED METHODIST CHURCH, for improvements on northeast corner of Memory Lane and Westwood Street, in the amount of $2,387.93. EXECUTIVE SESSION At 2:20 P.M., the meeting was adjourned to an Executive Session to consider applications for Human Relations Commission vacancies in view of letters of resignation received from Mr. John Black and Mr. Lorenzo Rios; and pending legal matters of the City. The meeting reconvened at 3:35 P.M. with the same Councilmen pre se nt. BID AWARD In discussing the agreement for operation and maintenance of the parking lot at the southeast corner of 5th and Bush Streets, Councilman Evans stated he would like to be sure that any new contract would give the City control over re-striping the lot, and the operators of the lot would be required to conform to the Municipal Code in this regard. The City Manager stated that standard regulations can be enforced on all parking lots. Agreement for operation and maintenance of VEHICLE PARKING DISTRICT NO. 1 (PARKING LOT LOCATED ON SOUTHEAST CORNER OF 5TH AND BUSH STREETS) was awarded to Parking Co. of America-California, Santa Ana, without parking attendant, as the bid offering the highest potential income to the City; and all other bids were rejected, on motion of Councilman Evans, seconded by Councilman Herrin and unanimously carried. ENCROACHMENT AGREEMENT approved the following agreement, execute the necessary documents: On motion of Councilman Villa, seconded by Councilman Patterson, and unanimously carried, Council and authorized the Mayor and Clerk to ENCROACHMENT AGREEMENT between the City and C.H. Flint of Flint TV to construct a sign at 203 W. 17th Street. CITY COUNCIL -396- December 6, 1971 ALCOHOLIC BEVERAGE Councilman Patterson' s motion to LICENSE APPLICATIONS receive and file the following ABC applications was seconded by Councilman Herrin, and carried on a 5-1 vote, Councilman Evans dissenting: CHEROKEE INN, 2534 W. Westminster, On Sale Beer, Person to Person; 4-qERALD R. LACROIX, 420 E. Dyer Road, On Sale Beer, Person to ~Person; TONY STEVEN NAGEL, 815 N. Main Street, On Sale Beer, Person to Person; LA POSADA, 1212 S. Bristol, Unit 1, 2, 3, & 4, On Sale C~n~ral, PersOn to Person; TRADE WINDS, 212 E. Fourth Street, On Sale Beer, Person to Person. and the City Attorney was instructed to file a protest with the Alcoholic Beverage Control Board on the following applications: HOSPER, PAUL E., 505 S. Harbor Blvd., On Sale Beer, Original; CHEE CHEE, 1109 N. Harbor Blvd., On Sale General, Person to Person Transfer; THE CHIMES, 4522 Bolsa Avenue, On Sale Beer, Original, Mrs. Williams of THE CHIMES was present in the audience and stated she would like to withdraw her application. Councilman Patterson's motion, seconded by Councilman Herrin, to reconsider all Alcoholic Beverage License Applications on the agenda was carried on a 5 - 1 vote, Councilman Villa voting NO. Councilman Villa's motion to consider the ABC applications one at a time was seconded by Councilman Evans, and unanimously carried. It was moved by Councilman Herrin, seconded by Councilman Markel, to receive and file the following Alcoholic Beverage License application: CHEROKEE INN, 2534~W. Westminster, On Sale Beer, Person to Person. Motion carried on a 5-1 vote, Councilman Evans dissenting. It was moved by Councilman Patterson, seconded by Councilman Herrin, and unanimously carried, to receive and file the following applications: M.P. 'S LIQUOR, 2734 N. Bristol, Off Sale General, Person to Person; KEY SUPER LIQUOR, 2520 N. Grand, Off Sale General, Original. On the unanimously carried motion of Councilman Patterson, seconded by Councilman Villa, the City Attorney was instructed to file a protest with the Alcoholic Beverage Control Board on the following application: HOSPER, PAUL E., 505 S. Harbor Boulevard, On Sale Beer, Original. CITY COUNCIL -397- December 6, 1971 ALCOHOLIC BEVERAGE LICENSE APPLICATIONS - (Continued) On motion of Councilman Patterson, seconded by Councilman Villa, and carried on a 5 - 1 vote, Councilman Evans dissenting, the following application was received and orde'red filed: GERALD R. LACROIX, 420 E. Dyer Road, On Sale Beer, Person to Person. On the unanimously carried motion of Councilman Villa, seconded by Councilman Patterson, the City Attorney was instructed to file a protest with the Alcoholic Beverage Control Board on the following application: CHEE CHEE, 1109 N. Harbor Boulevard, On Sale General, Person to Person. It was moved by Councilman Villa, seconded by Councilman Herrin, and unanimously carried, to receive and file the following application: WARNER HOUSE SOUTH, 230 W. Warner; Suite 101, On Sale General, 100% Stock Transfer. It was moved by Councilman Patterson, seconded by Councilman Villa, and carried on a 5 - 1 vote, Councilman Evans dissenting, to receive and file the following application: TONY STEVEN NAGEL, 815 N. Main Street, On Sale Beer, Person to Person. It was moved by Councilman Patterson, seconded by Councilman Villa, and unanimously carried, to receive and file the following application: BOTTLE SHOP, 4502 W. Bolsa, Off Sale General, Person to Person. On motion of Councilman Herrin, seconded by Councilman Patterson, and carried on a 5-1 vote, Councilman Evans dissenting, the following applications were received and ordered filed: LA POSADA, 1212 S. Bristol, Unit 1, 2, 3, & 4, On Sale General, Person to Person. TRADE WINDS, 212 E. Fourth Street, On Sale Beer, Person to Person. It was moved by Councilman Herrin, seconded by Councilman Patterson, to instruct the City Attorney to file a protest with the Alcoholic Beverage Control Board on the following application: THE CHIMES, 4522 Bolsa Avenue, On Sale Beer, Original. Motion carried on the following roll call vote: AYES: Herrin, Patterson, Villa, Evans, Griset NOES: Markel ABSENT: Yamamoto CITY COUNCIL -398- December 6, 1971 ALCOHOLIC BEVERAGE LICENSE APPLICATIONS - (Continued) Prior to voting on the above matter, Mrs. Williams, owner of THE CHIMES, stated that this is a family-type bar serving sandwiches; that a former tenant had applied for a license and the City Council overruled the Police protest at that time; that she has been unable to sell the property, and it is suitable only for a beer bar. Michael Mitchell, Santa Ana Police Officer, stated that opening this bar would aggravate an existing problem by bringing more patrons into the area, SOLICITATION APPLICATIONS It was moved by Councilman Herrin, seconded by Councilman Evans, to approve the following application: NEW HORIZONS BOYS RANCH, 2911 Paper Lane, Newport Beach; service club presentations/slides; for building funds to house additional 65 pre-delinquent boys, and scholarship fund to aid needy boys in attending school; for 60 days from date of approval. Officer Lacy of the Police Department stated that the Garden Grove Police Department is invest igating the Boys Ranch, and that they have a}ready sent one boy there who was successfully rehabilitated; that the objection of the Santa Ana Police Department to this solicitation application is that the organization is not registered as non-pr0fi{ with the Franchise Tax Board, Attorney General's Office, or the Internal Revenue Service, and any citizen donating money to the organization cannot legally deduct it as tax-exempt. With the consent of Councilman Evans, Councilman Herrin amended his motion to approve the above application subject to proof that they hold a permit and meet the qualifications of a non-profit organization. The amended motion was carried unanimously. Councilman Patterson seconded Councilman Herrin's motion to approve the following application: AMERICAN CHRISTIAN CRUSADE, INC., 1530 White, La Verne; feather sale; school-building-sponsorship of Indian children to school; December 5, 1971 to March 5, 1972. After reviewing the Police Department's confidential report, Councilman Patterson withdrew his second, and the motion failed for lack of a second. Councilman Patterson's motion to deny the application on the basis of the Police report, was seconded by Councilman Herrin, and unanimously carried. The following application lo solicit funds was denied, on-motion of Council- man Villa, seconded by Councilman Evans, and unanimously carried: HUMAN OUTREACH COUNSEL, 433 Citrus View Drive, Anaheim; telephone and direct contact; to purchase present facilities; Decemberl5, 1971 to Februaryl5, 1972. CITY COUNCIL -399- December 6, 1971 SOLICITATION APPLICATIONS - (Continued) The following application to solicit funds was denied, on motion of Council- man Herrin, seconded by ~ouncilman Patterson, and unanimously carried: SALVATION DELIVERANCE CHURCH~ 723 N. Bush Street; rummage sale, solicitations; to purchase equipment for church, pay bills, gather clothing for the needy, provide Christmas presents for needy families, purchase a bus for transportation for children; for 60 days from date of approval. The following application to solicit funds was approved on motion of Councilman Herrin, seconded by Councilman Patterson: ORANGE COUNTY LIGHTHOUSE THRIFT STORE, 600 W. 4th Street; telephone for used clothing and furnishings; expenses of Thrift Store; for 60 days from date of approval. Motion carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Patterson, None Yamamoto Villa, Evans, Griset, Markel VARIANCES AND Councilman Herrin' s motion CONDITIONAL USE PERMITS to receive and file the following Minor Exception, was seconded by Councilman Patterson and unanimously carried: EX 71-12, STANDARD PACIFIC CORPORATION - To reduce the rear year setback to 16' in the R 1 District at 3006 S. Maddox; APPROVED. CUP 71-26 GUST KRUEGER, ERROL THOMPSON, FRANK GREER, HARLAN LOVE JOY In response to a question from Councilman Villa concerning the application to construct a private club in the M 1 District at 1430 S. Ritchey Street; APPROVED, the Director of Planning stated that the staff recommended denial of CUP 71-26 based on the land use. This is an M 1 District and the staff wants to hold the line on these uses in an M 1 area. Councilman Villa stated he is very much against approval of this Conditional Use Permit since is is a private club, which is discriminatory. Mr. Gust Krueger, applicant, 9292 Murline Drive, Garden Grove, stated that this is not a private club; that it is a public, club; : throughout; that the misunderstanding began with the first application in which it was erroneously designated as a private club. In response to questions from Council, Mr. Krueger stated that the club is open to anyone at any time; that anyone would be accepted for membership provided they have no bad record -- and that this would be true for white, Negro, Jewish, or anyone being considered; that no one can charter a flight unless they belong to the club; but that members may bring guests at any time, and that anyone may use the restaurant, bar, and dance facilities. CITY COUNCIL -400 - December 6, 1971 VARIANCES AND CONDITIONAL USE PERMITS - (Continued) Councilman Villa suggested that the wording of the application should be "... to construct a public club..." Mayor Griset stated that if a person can be kept out of the org&nization because of poor character, it is a private club. Councilman Markel stated he would vote against the CUP because he was not in favor of bringing this operation into an M 1 zone. Councilman Patterson seconded Councilman Herrin's motion to receive and file the following: CUP 71-26, GUST KRUEGER, ERROL THOMPSON, FRANK GREER, HARLAN LOVEJOY - To construct a private club in the M 1 District at 1430 South Ritchey Street; APPROVED. Motion carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Patterson, Evans, Griset Villa, Markel Yamamoto Councilman Herrin's motion to receive and file the following application for Conditional Use Permit was seconded by Councilman Patterson, and carried on a 5-1 vote, Councilman Markel dissenting: CUP 71-27, LEADERSHIP HOUSING SYSTEMS, INC. - To establish a heliport in connection with a new office building in the M 1 District at 3501 S. Harbor Boulevard; APPROVED. Councilman Herrin's motion to receive and file CUP 71-30, BEVERLY & JACK W. PARSONS - To serve liquor in an existing restaurant within 300' of residential property in ~le C 2 District at 2537 S. Main Street; APP'ROVED died for lack of a second. Councilman Markel stated that after long consideration an ordinance was passed which would not allow liquor to be served within 300' of a residential area, and that he believed the ordinance should be followed. Councilman Patterson concurred, but noted ~lat in this instance, the building is more than 300' from residential area; there is only parking in the rear. Councilman tterrin again moved to receive and file CUP 71-30. The motion was seconded by Councilman Patterson and carried on the following roll call vote: AYES: Herrin, Patterson, NOES: Evans, Markel ABSENT: Yamamoto Villa, Griset CITY COUNCIL -401- December 6, 1971 VARIANCES AND CONDITIONAL USE PERMITS - {Continued) Councilman Patterson seconded Councilman Herrin's motion to receive and file the following application: CUP 71-31, GENE T. & PATRICIA M. MOFFETT - To serve liquor in an existing restaurant within ~00! of residential property in the C 1 District at 1106 S. Bristol Street; APPROVED. Councilman Markel stated that it is legal to sell liquor in a legitimate business; and that the people of the area know the restaurant is there and that they will serve liqaor; that the Council had tried to establish a policy for a long time and now they are reversing themselves. Councilman Evans concurred, and Mayor Griset stated he would vote NO because it is within 300' of residential property. Councilman Herrin stated that a rule has been established and many businesses are abiding by the rules; that Staff has made a study as to whether or not these people are abiding by the rules, and did not recommend denial; and that the Planning C~nmission has studied the situation and approved the application. Councilman Patterson stated that the restaurant is located at the southwest corner of McFadden and Bristol in a large shopping center; that the reason for establishment of the ordinance was to prohibit "topless/bottomless" beer bars adjacent to residential units; that this is a family-type restaurant which will be serving beer. Motion to receive and file failed on the following roll call vote: AYES: NOES: ABSENT: Herrin, Patterson, Markel Villa, Evans, Griset Zamamoto Councilman Patterson's motion, seconded by Councilman Evans to set the matter for public hearing was carried on a 5-1 vote, Councilman Villa voting NO. Councilman Patterson seconded Councilman Herrin';S motion to receive and file the following application: CUP 71-32, PELLEY'S CHOW BELL RESTAURANT - To serve liquor in a new restaurant within 300' of residential property in the C 4 District at 1208 E. McFadden Avenue; APPROVED. Motion failed on the following roll call vote: AYES: Herrin, Patterson NOES: Villa, Evans, Griset, Markel ABSENT: Yamamoto Councilman Herrin's motion, seconded by Councilman Patterson, to set the matter for public hearing was carried on a 5-1 vote, Councilman Villa voting NO. CITY COUNCIL -402- December 6, 1971 RECESS the same Councilmen present. At 4:50 P.M., a recess was declared. The meeting reconvened at 5:00 ]P.M. with POW-MIA The Mayor recognized Mr. COMMITTEE Hugh Dunn, representing the Santa Ana, Orange, Tustin Board of Realtors Prisoner of War-Missing In Action Committee. He stated that the purpose of the committee was to alert the American public and to dramatize to the world the plight of American servicemen who have been captured in Southeast Asia; that the Committee has sponsored several programs to accomplish this and that Mr. Nick Barletta would explain the latest one and how the City could participate in it. He then presented the Mayor with an identification bracelet bearing the name of Prisoner of War Captain Darrell Pyle and the date of his capture, June 13, 1966. Mr. Nick Barletta stated that it was the Committee's hope that the cities of Santa Aha, Tustin and Orange would adopt a program of placing on outgoing City mail a stamp, similar to a Christmas seal, with the initials POW - MIA and the words "They can't forget - Can we?" A motion by Councilman He rrin, seconded by Councilman Villa to approve the program in principle was unanimously adopted. The Mayor recognized Mrs. Elaine Pyle, wife of Captain Pyle, who stated that prior to the increased public interest in the plight of the war prisoners, she had received little or no mail from her husband but that during this past year she had received considerably more letters from him and attributed it to programs similar to that described. REFUSE COLLECTION Council considered a report from the City Manager dated December 2, 1971, pertaining to Refuse Collection. He recommended (1) adoption of Ordinance NS-1093 which would reduce the thickness of bundles of trimmings and clippings from a maximum of two feet to 18 inches and provide that buildings with four or more units shall be considered commercial occupancies and required to provide a container (bin) by agreement with the contractor; (2) approval of a proposed amendment to the contract agreement and extension of its termination date to October 31, 1978; (3) adoption of Res. 71-101, providing for one additional position of Sanitation Inspector; (4) postponement of adoption of Res. 71-94 which provides for changes in rates charged residential users until Siaff can determine from the Price Board if the increase s are permissible; and (5), acknowledgment of Staff' s intention to increase the commercial bin rates by an average of 17.2% effective January 1, 1972, subject to receipt of priorapproval by the Price Board. CITY COUNCIL -403- December 6, 1971 REFUSE COLLECTION - (Continued) ORDINANCE NS-1093 AMENDING THE SANTA ANA MUNICIPAL CODE BY AMENDING SECTION 16-33 AND SECTION 16-34 THEREOF PERTAINING TO REFUSE COLLECTION REGULATIONS was passed to second reading on motion of Councilman Patterson, seconded by Councilman Villa, on the following roll call vote: AYES: NOES: ABSENT: Patterson, Villa, Evans, Herrin, Markel Yamamoto Griset It was moved by Councilman Patterson and seconded by Councilman Villa to extend the contract with Great Western Reclamation for Refuse Collection to October 31, 1978, and to approve the proposed contract amendment. Coancilman Villa moved to table the motion until the evening Agenda and Councilman Evans seconded. Councilman Patterson moved to amend the motion totable until the next Council meeting and Councilman Herrin seconded. Following discussion, Councilman Patterson withdrew his motion with the consent of the second. The motion to table to the evening agenda was unanimously carried. RECESS At 6:15 P. M., the meeting was recessed to 7:30 P.M., at which time it was reconvened with the same Council members present. Following the Pledge of Allegiance to the Flag, the invocation was given by the Reverend William L. Duerr of the Trinity Lutheran Church. APPEAL #279 VA 71-48 ROBERT H. GRANT CO. The Mayor stated that a letter had been received from the applicant requesting continuance of this matter to December 20th. Councilman Herrin moved continuance of the following appeal to December 20, 1971: APPEAL #279 - Filed by Robert H. Grant Co., appealing the Planning Commission's denial of VA 71-48 to construct a 493-unit townhouse development in the R 1 zone at 230 West Segerstrom (Dyer). Motion was seconded by Councilman Evans and unanimouslff carried. CITY COUNCIL -404- December 6, 1971 PLANNED RESIDENTIAL The Mayor opened the public DEVELOPMENT hearing on a proposed ordinance to establish a planned residential zone and a statement of policy pertaining to private street standards within planned residential zone s. The City Manager stated that the Planned Residential Development procedure originated from the Planning Commission and came about through a direct set of instructions from the Planning Commission to the Planning staff; that members of the Administrative staff are not in agreement; that the plan provides for development of land by methods other than those required by normal regulations; that the City could be placed in jeopardy with the development of properties with vastly increased numbers of units; that the basic a~' ~umption is development of a piece of property with eight units per acre instead of the five maximum possible under the normal 6, 000 square foot requirement; that it is the opinion of the staff that if the City Council proceeds with the plan, additional regulations should be written into it. The Mayor asked for specifics in regard to the restrictions, and the City Manager stated that the plan should not be applied to any pieces of property of less than 20 acres. The Director of Planning stated that the proposed ordinance is based on the hyphenate(t-suffix approach; that the Planned Residential Development zone could be an overlay zone used With the RE, R 1, R 2, R 3, R 3H, R 4, CR and P zones; that it could be added when the zoning is first established or by later amendment; and that the purpose of the ordinance is to allow rnbre freedom in the layout of developments to get away from the rectangular lots; that the procedure would also require the issuance of a Conditional Use Permit-- the variance procedure could not be used; that the Commission would like to retain as much flexibility as possible in evaluating each proposal that comes before it; thai some of the standards incorporated in this ordinance are actually much tighter than we currently have; that the off street parking regulations would require two garages or carport plus one offstreet space for every dwelling unit. The Director of Planning also called attention to Sec. 34-68 - Exceptions/ Waivers to Subdivision Ordinance, which could cause difficulties if Chapter 34 of the Municipal Code is opened to waiver; and also reviewed the Statement of Policy regarding Private Street Standards. He stated that part of the success of PRD~s in other cities is due to the use of private streets; that these streets would have to be built to the standards of public streets; that the proposed ordinance allows some flexibility and innovation in the development of designs. Mr. Waldo Haug, Chairman of the Santa Ana Planning Commission stated that the Commission put a great deal of time and study into this work; and that he wished to point out that the Planning Commission Resolution was unanimously passed. Mr. Van Stevens of Pacific Investments, 1840 E. 17th Street, submitted a letter to the Council which he reviewed orally. Pie stated the PRD is an alternative to providing housing; that the standards do not automatically apply but depend on what is submitted, the judgment of the staff, and the ultimate decision of the Council. CITY COUNCIL -405- December 6, 1971 PLANNED RESIDENTIAL DEVELOPMENT - (Continued) Mrs. Demetra Rosier, 2506 N. Linwood, asked if this new policy would establish a precedent in regard to Amendment Applications on the agenda and was assured it had no bearing on them whatsoever. There were no further proponents or opponents in the matter, and the Mayor closed the public hearing. Councilman Evans asked if the private streets would create police, maintenance, or traffic problems. The Planning Director stated that this is one reason for requiring the private streets to conform to City standards; that the Homewoners' Association would take the responsibility in these matters, but the City could be called in if if became necessary. Councilman Evans also asked if the City would be limited in maintaining street areas, walkways and parkways in the event the Horaeowners' Association would be unable to provide upkeep. The City Attorney stated that the City could assist, but in his opinion the streets should be dedicated to the public and maintained by the public. Councilman Patterson stated he has been interested in a PRD zone for the City for some time; that the ordinance is restrictive, with all protections, and that density and height requirements would be maintained within the base district; that he would like to refer the report to staff for further review and report; that his only criticism is lack of limitation as to minimum size. Mayor Griset stated he was in favor of the principle set out but is concerned about density. Councilman Markel asked if there has been an appraisal of this type of development by lending institutions. The Mayor stated it could be assumed that financial institutions would be interested in lending money on this type of construction. In response to Councilman Markel's question, the City Manager stated that ~he only undeveloped areas in the City available for this development would be in south Santa Ana and across the river in the westerly portion of the City. Councilman Patterson's motion that the resolution of the Planning Commission and the proposed ordinance be approved in principle, and referred to staff for further refinement and report to Council, was seconded by Councilman Evans, and carried on the following roll call vote: AYES: NOES: ABSENT: Patterson, Evans, Markel Yamamoto Villa, PIerrin, Griset CITY COUNCIL -406 - December 6, 1971 AMENDMENT APPLICATION 689 The Mayor read a letter from MARVIN M. ROHRS ", ~ Pacific Investments, Inc., requesting that the hearing on A.A. 689 filed by Marvin M. Rohrs to prezone a parcel of land located on the north side of Santa Clara Avenue between Old Grand Street and Tustin Avenue previously prezoned 60-A1-7200 (A 1 in unincorporated Orange County) to the R 2 District, be continued to February 7 1972, in order to provide specific plans and more detailed knowledge to those in the area who are interested. Mr. Van Stevens of Pacific Investments stated that it was their understanding that considerable concern was expressed by persons from the neighborhood during the Planning Commission hearing; that since there was no rush on the project, they felt that if they submitted a full, detailed proposal on a variance, it would be possible to set the conditions that would possibly receive the support of the neighborhood; that they asked for continuance to February in order to avoid continuing it into the Holidays. Mrs. Demetra Rosier, 2506 N. Linwood, spoke against the Amendment Application and continuance of the hearing. Councilman Patterson explained that this matter is a zone change whicll iS not restrictive as to development; that if the developer returns on February 7 with a variance application, conditions of approval can be required. Councilman Patterson's motion, seconded by Councilman Villa, to continue the public hearing on Amendment Application 689 to the regular meeting of February 7, 1972, carried on the following roll call vote: AYES: NOES: ABSENT: Patterson, Villa, Evans, Herrin, Griset, None Yamamoto Markel RECESS Councilmen present. At 8:50 P.M., aten-minute recess was declared. The meeting recon- vened at 9:00 P.M. with the same AMENDMENT APPLICATION 691 The Mayor opened the public J. EUGENE ROI-IRS hearing on Amendment Application 691 filed by J. Eugene Rohrs to rezone property located on the north side of Seventeenth Street, between Santiago Street and Lincoln Avenue, from the C 4 and R lB Districts to the R 2 and C 1 Districts. The Planning Director reviewed the Amendment Application. Mr. Van Stevens, 1840 E. 17th Street, stated that the property under consideration is the sole remaining undeveloped property in the immediate area; that the project has been discussed with the property owners to the north; and he presented a petition supporting the proposal which had been signed by all but four people in the area. CITY COUNCIL -407- December 6, 1971 AMENDMENT APPLICATION 691 J. EUGENE ROHRS - (Continued) Councilman Herrin's motion, seconded by Councilman Patterson, to receive and file the communication, was unanimously carried. There were no further proponents or opponents in the matter, and the Mayor closed the public hearing. Councilman Patterson's motion, seconded by Councilman Herrin, to approve Amendment Application 691 and pass to second reading ORDINANCE NS-1103 CHANGING ZONING CLASSIFICATION ON AMENDMENT APPLICATION 691, FILED BY J. EUGENE ROHRS AND AMENDING SECTIONAL DISTRICT MAP 6-5-9 (EXHIBIT A.A. 691-A), carried on the following roll call vote: AYES: NOES: ABSENT: Patterson, Herrin, Villa, Evans, Griset, Markel None Yamamoto APPLICATION FOR The Mayor opened the public PAWNBROKER'S CERTIFICATE hearing on the appeal filed by Rober Borgerson from Police Cheif's denial of a Certificate to engage in the business of a pawnbroker in the City of Santa Ana, which had been continued from November 15 in order that the applicant might file an amended application. Mr. Thomas Murphy, 401 Civic Center Drive, 'Attorney representing the applicant, stated that a second application had been filed with certain attach- ments to explain his clients' position, and that the original application was in error due to a misunderstanding as to the original financial arrangement. Detective Lacy of the Santa Ana Police Department stated that when Mr. Holland made his original application for a pawn shop in the City of Santa Ana~ Mr. Borgerson was with him, and was asked if he would be a silent partner; that Mr. Borgerson said he was merely furnishing funds in the form of a loan, but it was later determined that he was, in fact, a partner in the business; that he was denied the license for two reasons -- a prior conviction and misrepre- sentation on the application. The City Attorney stated that only after Mr. Borgerson's true capacity in the business was discovered did he reveal himself as a partner; that the essence of requiring a business permit in this circumstance is to assure that the operators of the business are free from question in the receipt of goods. In response to Councilman Villa's suggestion that the misrepresentation was on the application filed by Mr. Holland, and not by Mr. Borgerson, the ~tty Attorney stated that Mr. Borgerson was present when the application wa~iled and certain oral representations were made; and that fred of One par~Jcu4~r par~.j~j fra(~i o? 'ttre entire partnership. ~,~ CITY COUNCIL -408- December 6, 1971 APPLICATION FOR PAWNBROKER'S CERTIFICATE - (Continued) There were no further proponents or opponents in the matter, and the Cl~rk reported no written communications had been received. The Mayor closed the public hearing. After further discussion concerning the status of the partnership, Council- man I-Ierrin moved to deny the appeal filed by Robert Borgerson from Police Chief's denial of a Certificate to engage in the business of a pawnbroker in the City of Santa Ana. The motion was seconded by Councilman Evans, and carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Griset, Villa, Patterson Yamamoto Markel APPEAL #285 The Mayor opened the public VA 71-56 hearing on Appeal #285 filed ALFRED NEVILLE WEST by Alfred Neville West appealing the Planning Commission's denial of VA 71-56 to use an existing single family residence as an office in the tt 2 District at 1264 E. 14th Street. The Director of Planning stated that the area is predominantly residential and there would be a requirement that the applicant provide one offstreet parking space for each office created; that because of the location on Grand Avenue, it would not be possible to permit access to the property from Grand due to heavy traffic; that it is not possible to work out the required parking; and that if a variance is granted, it will run with the property and there wbuld be no control over the owner of the property if it should be sold. He stated that both the staff and the Planning Commission recommended denial. Mr. Dale I-Ieinly, Attorney, 611 Civic Center Drive West, spoke on behalf of the applicant and submitted a letter to the Council in the matter. He disagreed that the area is predominantly residential and stated it is in transition from residential to commercial; that if the variance is granted, a condition could be imposed limiting it to the applicant and his particular use; that this will be an artist center to create ideas for advertisers and that clients do not come to the premises; that the only parking necessary would be for five employees. Mr. Charles Cohen, 1404 N. Grand, spoke in favor of the appeal. He stated he is the owner of the property and has had difficulty over the past four years in renting it as a residence; that it is a poor location for a residence, and the people who move into it are of a transient nature; that he cannot keep it rented to a reliable tenant. Mr. Neville West, 2113 N. Millwood, the applicant, stated that he wished to develop the property in a good manner; that his objective is to ultimately construct an 1800 square foot building on the property, hopefully in the next ttxr~e years; that he would prefer not to have the variance restricted to him alone; that traffic and parking should be no problem. CITY COUNCIL -409- December 6, 1971 APPEAL #285, VA 71-56 ALFRED NEVILLE WEST - (Continued) Mr. Steven Brown, 1319 N. Eastwood, presented a petition signed by 13 homeowners of the adjacent tract objecting to the variance, stating it would change the nature of the neighborhood and bring traffic in; that there are many small children in the neighborhood; that the house in question was not designed for office use, and they do not want to see a. precedent established; that all other commercial properties in the area face onto Grand, and on the east side of Grand are residential establishments. He also mentioned deed restrictions which, after discussion, appeared not to apply to this situation. Councilman Herrin's motion, seconded by Councilman Markel, to receive and file the communication, was unanimously carried. Mr. W.D. Hodge, 1258 E. 14th Street, also spoke in opposition to the variance. There were no further proponents or opponents, and the Mayor closed the public hearing. Councilman Markel's motion to overrule the action of the Planning Commission and instruct the City Attorney to prepare a Resolution approving Variance Application 71-56 was seconded by Councilman Herrin with the conditions that the variance is applicable only to Mr. West and his present use, with a three- year term on the variance, to be reviewed at the Council meeting of December 1974. Councilman Markel accepted the amendments. Councilman Patterson stated that he agreed with the staff, Planning Commission, and residents in the area, and that he would not support the motion. AYES: NOES: ABSENT: Markel, Herrin, Villa, Griset Evans, Patterson Yamamoto RECESS Councilmen present. At 10:30 P.M., a recess was declared. The meeting reconvened at 10:40 P.M. with the same WASHINGTON AVENUE The Mayor opened the public TRAFFIC STUDY hearing on report dated October 29, 1971, from Director of Public Works concerning a study of the traffic flow and curbside parking conditions on Washington Avenue from Bush Street to Lincoln Avenue. The Director of Public Works summarized the report and recommendations, and stated that the request resultedf~rom a meeting with the local area r~sidents. CITY COUNCIL -410- December 6, 1971 WASHINGTON AVENUE TRAFFIC STUDY - (Continued) Mrs. Margie Barr, stated that she and her husband own an auto salvage yard at 826 E. Washington; that if parking spaces in front of their business are removed, and their customers are required to park inside the fenced area, they will have to back onto Washingto~ which would be very hazardous; that they usually have two or three customers at one time and need parking on the street. Upon checking, the staff determined that the salvage yard is outside the report' s recommended area. There were no further proponents or opponents, and the Clerk reported no written communications had been received. The Mayor closed the public hearing. Councilman Evans moved to authorize the Director of Public Works to initiate the following actions: 1. Install a short length of No Parking Zone at every intersection if none exists. Install a left turn pocket lane for eastbound to northbound traffic at the intersection of Washington Avenue and Santiago Street; four parking spaces on the north side and four parking spaces on the south side of Washington Avenue, west of Santiago Street, to be removed. Install a back-to-back type left turn pocket lane o~ Washington Avenue between the jogged north and south legs of French Street; remove four parking spaces on the north side and nine on the south of Washington Avenue. Prohibit curbside parking on both sides of Washington Avenue between Santiago and Bush Streets, except the locations under recommendations l, 2 and 3, from 7:00 A.M. to 7:00 P. Monday to Friday, except holidays. The motion was seconded by Councilman Markel and carried on the following roll call vote: AYES: NOES: ABSENT: Evans, Markel, Villa, Herrin, Griset, Patterson None Yamamoto SALARY AND WAGE ADJUSTMENTS Report dated December 1, 1971, containing additional information regarding recommendations for salaries and wages for the fiscal year 1971-72 was received and ordered filed on motion of Councilman Evans, seconded by Councilman Herrin, and unanimously carried. CITY COUNCIL -411- December 6, 1971 CLOSING OF EQUESTRIAN AND The Clerk of the Council HIKING ACCESS BETWEEN MAR-LES reported that a letter dated DRIVE AND SANTA ANA RIVER December 3, 1971 had been received from the Orange County Flood Control District stating that the public access gate to the equestrian and hiking trails on the Santa Aha River has been closed.. The letter from the Orange County Flood Control District petition of residents and the report of staff dated December 2, 1971, were received and ordered filed on motion of Councilman Herrin, seconded by Council- man Evansj and carried on a 5-1 vote, Councilman Villa voting NO. REFUSE COLLECTION The Mayor announceufl that during the afternoon session, Ordinance NS-1093 had been passed to second reading, and that Councilman Patterson's motion, seconded by Councilman Villa, to approve the proposed amendment to the agreement and to extend its termination date to October 31j 1978 was being considered. Councilman Evans asked if Great Western Reclamation, Inc., could sell or merge with another corporation without Council approval. The City Attorney stated that the only thing not covered in the contract would be an involuntary assignment; that Council could not prevent any sale of stock but that the contract could be voided. Councilman Herrin stated he would not be in favor of an extension in the first year of the prior extension; that the contractor wishes to buy land and extend his facility to do a better job, and he would be happy to support the proposal in the last year of the contract. He also stated there might be legal problems involved due to the extent of modifications to the. original agreement. Councilman Patterson compared the situation to a lease, wherein the lessee would make improvements and the landlord would give him a long enough lease to amortize the debt over a number of years. Councilman Markel stated he was opposed lo extension of the contract for the purpose of purchasing property and buildings. Councilman Evans requested clarification of legal problems; stating he had been concerned that the business could be sold and the contract would still be valid with the new owners. The City Attorney stated that by. Subdivision 6 of the contract, in the event the business were sold or the contract assigned, it would require the consent of the Council to be bound to the contract with a vendor or assignee; that there is no legal problem because of not putting it out to bid when extending it; that the City has the right to reasonably alter and amend contracts. CITY COUNCIL -412 - December 6, 1971 REFUSE COLLECTION - (Continued) Councilman Patterson's motion, seconded by Councilman Villa, to approve the amendment to the agreement between the City of Santa Ana and Great Western Reclamation, Inc.., providing for refuse collection in the City of Santa Ana, and to authorize its execution by lhe iV[ayor and Clerk, carried on the following roll call vote: AYES: NOES: ABSENT: Patterson, Villa, Evans, Griset Herrin, Markel Yamamoto Councilman Patterson's motion, seconded by Councilman Villa, to adopt RESOLUTION 71-101 AMENDING SECTION 3 OF RESOLUTION NO. 58-281 BY DELETING THE CLASS TITLE OF SANITATION INSPECTOR AND ADDING THE CLASSES OF SANITATION INSPECTOR I AND SANITATION INSPECTOR II failed on the following roll call vote: AYES: Patterson, Villa, Griset NOES: Evans, Herrin, Markel ABSENT: Yamamoto DEEDS WITH CASH Councilman Markel stated GRANTEE, CITY that he is opposed to approval of these deeds, with one exception, and requested that each item be taken separately. The City Attorney ruled that all items could be combined in one motion, with the Councilman indicating the ones on which he would vote YES. Councilman Herrin's motion, seconded by Councilman Villa, to approve the following deeds and authorize the Mayor to sign all necessary documents in connection with the purchases, carried on a 5-1 vote, Councilman Markel voting NO on all except HUME and MULVIHILL: BUSSEY, north side of First, east of Pacific, street purposes RICHARDS, west side of Greenville, north side of Pomona, street purposes DRAKE, west side of Greenville, south side of Occidental, street purposes LEE, west side of Greenville, south side of Pomona, street purpose s PAYNE, EL AL, east side of Greenville, south side of Stanford, street purposes SHIELDS, east side of Greenville, north side of Pomona, street purposes HUME, west side of Greenville, south side of Stanford, street purpose s McGUIRE, west side of Greenville, south side of California, street purposes MULVIHILL, west side of Greenville, north side of Occidental, street purposes. CITY COUNCIL -413- December 6, 1971 DEEDS WITH CASH On motion of Councilman Herrin, seconded by Councilman Villa, the following deeds were approved, and the Mayor was authorized to sign all necessary documents in connection with the purchase and sale: Grantee, City: Grantor, City: VELASQUEZ, north side of First, east of Daisy, street purposes VELASQUEZ, north side of First, east of Daisy, sale of surplus property (SPR 71-15) Motion carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Villa, Evans, Griset, Patterson Markel Yamamoto TENTATIVE PARCEL MAPS On motion of Councilman Herrin, seconded by Councilman Villa, and unanimously carried, the following Tentative Parcel Map was approved, subject to conditions contained in Planning Director's report, and alley requirement was waived: MAP #720 - Filed by Harlan C. Erickson creating two (2) M 1 parcels, one to be used for a service station, and one for a restaurant (Lorenzo's), located generally north side of Edinger east of Trotter Avenue. On motion of Councilman Patterson, seconded by Councilman Herrin, and carried on a 5-1 vote, Councilman Evans dissenting, the following Tentative Parcel Map was approved, subject to conditions contained in Planning Director's report, and alley requirement was waived: MAP #722 - Filed by Calvary Chapel of Costa Mesa creating two (2) M ] parcels, one to be used for church site and one proposed parcel to be used for a service station, located generally on the northwest corner of Sunflower Avenue and Fairview Street. Mr. Van Stevens, 1840 E. 17th Street, referred to TENTATIVE FARCEL MAP #718 flied by J. Eugene Rohrs creating three {3) C 4 and one C 4, H ] parcel for commercial and residential purposes, located generally at the northwest corner of Lincoln Avenue and 17th Street, stating that he wc~u]d hke to discuss one condition of approval granted during the afternoon sess~.on. He stated that at the time the single family subdivision to the north w,~s developed, a strip was created, separated from the rest of the subdivision by 191~h Street; that there are two things involved--a 3' strip of private property s~ ] unin~proved property within the City right-of-way; that Pacific Investments, In has agreed to pay for both of these, but that their attorney has advised them That if they let the contract for the improvement of 19th Street, they are exposing themselves lo an unnecessary liability. Mr. Stevens suggested thai his company would pay for improvement of the City right-of-way but they wanted to avoid letting the contract, and requested that the City instruct the contractor to proceed; otherwise, he requested that the City inde~mnify Pacific Investments, Inc., for any possible loss. CITY COUNCIL -414- December 6, 1971 TENTATIVE PARCEL MAPS - (Continued) The Director of Public Works stated that the City would ask the owner of the land to dedicate it for street purposes; that he failed to understand how a liability could be created; and that he did not believe the City should assume the additional responsibility of handling private matters. Councilman Patterson stated he could understand that, in the case of damage, the City would not be sued, but as a private party, they might be sued; that the City should meet them half way and hold them harmless; and that if the dedication could be arranged, the problem would be resolved. Staff was requested to make an effort to obtain the property, and to bring the matter back to the City Council at its next regular meeting, December 20, for final determinatinn. RECESS Councilmen present. At 11:35 P.M., a recess was declared. The meeting reconvened at lh40 P. M., with the same SURPLUS PROPERTY Councilman Herrin's motion, REPORT NO. 71-14 seconded by Councilman Pattersoa to declare surplus and authorize the demolition of the improvements located at 1421 W. First Street, carried on a 5-1 vote, Councilman Markel dissenting. SURPLUS PROPERTY Council declared surplus 3,866 REPORT #71-15 square feet of property located on the north side of First Street, 190 feet west of Raitt, of nuisance value to other than adjacent owner because of size and shape; and authorized the negotiated sale thereof, on motion of Councilman Herrin, seconded by Councilman Villa, and carried on a 5-1 vote, Councilman Markel dissenting. CHANGE ORDERS Change Orders: On motion of Councilman Patterson, seconded by Councilman PIerrin, Council approved the following PROJECT 7013, CONSTRUCTION OF CITY HALL - Add dry sandpipe run to loading dock and add two outlets to Council Chamber area; Change Order #9, increasing in the amount of $9, 396.75. PROJECT 7013, CONSTRUCTION OF CITY HALL - Add steel and concrete fill to roof area for stub-outs of column supports for future heliport; Change Order #11, increasing in the amount of $572.10. CITY COUNCIL -415- December 6, 1971 CHANGE ORDERS - (Continued) PROJECT 7013, CONSTRUCTION OF CITY HALL - Add a steam BTU meter and a chilled water BTU meter complete with all necessary and miscellaneous items; delete the hot water BTU meter; (this work complies with the County of Orange require- ments to provide heating and cooling for the City Hall); Change Order #12, increasing in the amount of $3,314.00. Motion carried on the following roll call vote: AYES: NOES: ABSENT: Patterson, Herrin, Villa, Evans, Griset Markel Yamamoto READING WAIVED On motion of Councilman Herrin, seconded by Council- man Patterson, and unanimously carried, the full reading of ordinances and resolutions, the titles of which appeared on the public Agenda, was waived. ORD. NS-1099 ORDINANCE NS-1099 AMENDING AUTOMOBILE INSURANCE SANTA ANA MUNICIPAL CODE SECTION 38-8 REDUCING UNINSURED MOTORISTS PROTECTION FROM $100,000/300,000 TO $15, 000/ 30,000, AND INCREASING PROPERTY DAMAGE FROM $10,000 TO $100,000, was adopted an motion of Councilman Herrin, seconded by Councilman Patterson, and carried on the following roll call vote: AYES: NOES: ABSENT: Patterson, Herrin, Villa, Evans, Griset, Markel None Yama moro ORD. NS-ll00 ORDINANCE NS-1100 AMENDING SPEED LIMITS ARTICLE VII OF CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE RELATING TO PRIMA FACIE SPEED LIMITS FOR CERTAIN STREETS WITHIN THE CITY was passed to second reading on motion of Councilman Herrin, seconded by Councilman Villa, and unanimously adopted. ORD. NS-1101 ORDINANCE NS-1101 AMENDING FINGERPRINT FEES THE SANTA ANA MUNICIPAL CODE BY ADDING THERETO SECTION 10-2 RELATING TO FINGERPRINT FEES was passed to second reading on motion of Councilman Herrin, seconded by Councilman Patterson, and carried on a 5-1 vote, Councilman Evans voting NO. CITY COUNCIL -416- December 6, 1971 RES. 71-112 RESOLUTION 71-112 OVERRULING CUP 71 -22 THE DECISION OF THE PLANNING RICHARD C. BRUCE COMMISSION AND CONDITIONALLY GRANTING CUP 71-22 FILED BY RICHARD C. BRUCE was adopted on motion of Councilman Herrin, seconded by Councilman Patterson, and carried on a 5-1 vote, Councilman Evans voting NO. RES. 71-114 RESOLUTION 71-114 APPROVING VA 71-51 THE DECISION OF THE PLANNING CHADRON L. WILLIAMS COMMISSION AND CONDITIONALLY GRANTING VA 71-51 FILED BY CHADRON L. WILLIAMS was adopted on motion of Councilman Herrin, seconded by Councilman Evans, and carried on the following roll call vote: AYES: Herrin, Evans, NOES: Markel ABSENT: Yamamoto Villa, Griset, Patterson LITIGATION On motion of Councilman Evans, seconded by Councilman Markel, and unanimously carried, Council authorized the City's participation in litigation on claims arising from purchase~ of cast iron pipe and fittings. ~ RESIGNATION FROM HUMAN On motion of Councilman Markel, RELATIONS COMMISSION seconded by Councilman Herrin, and unanimously carried, Council received and ordered filed, with expression of appreciation, letters of resignation from Mr. John W. Black and Mr. Lorenzo Rios. APPOINTMENT TO MOSQUITO On motion of Councilman Herrin, ABATEMENT DISTRICT seconded by Councilman Evans, and BOARD OF TRUSTEES carried on a 5-1 vote, Councilman Villa voting NO, Council approved re-appointment of Mr. W.D. Obarr to the Board of Trustees, Mosquito Abate- ment District, for a two-year term of office ending December 31, 1973. STREET LIGHTS Letter dated November 15, 1971, from Frederick Kinard, t649 W. Brook Street, requesting stronger street lights in his area, was referred to Staff, on motion of Councilman Herrin, seconded by Councilman Villa, and unanimously carried. Councilman Evans seconded Councilman Villa's motion that the Rules of Procedure be suspended. Councilman Villa stated that rules are violated at every meeting, such as not limiting time of discussions, not limiting discussion to motions on the floor, and interrupting roll call vote for further discussion. CITY COUNCIL -417- December 6, 1971 Councilman Herrin stated that he recognized there are many inequities in the formalities of the meetings, but that the fact that procedure is not always followed is less offensive to him than lack of control of emotions. Councilman Evans stated that the public was not requested to limit their talks to five minutes and that subsequent speakers should try not to repeat what others have said; and that he seconded the motion in order to get a disucssion on the matter and try to get control and cooperation. Councilman Patterson stated he was opposed to the motion; that he agrees that rules are good, but they are a guideline and can't be followed absolutely all of the time; that some members of the public come before the Council once in a lifetime, and the Council should listen to what they have to say. The motion failed on the following roll call vote: AYES: Villa, Evans, Markel NOES: Herrin, Griset, Patterson ABSENT: Yamamoto Councilman Markel reported briefly on the League of Cities Conference in Honolu~ the past week, indicating three areas of concern to him; the dock strike in Honolulu, and the power of the Unions; gun control legislation; and reports of other cities where the people organized to present problems to the Council. Councilman I-Ierrin asked if at any time any word was expressed to suggest less Government involvement in local affairs. The Mayor replied that the present Federal administration is interested in decentralizing federal programs and placing responsibilities in the hands of locally-elected offociats, and that this doctrine was promoted and embraced by the cities of the United States. Councilman Villa reported briefly on work being accomplished at the five community centers in Santa Ana, stating that the Parks & Recreation Department is working very closely with the people; and that this City has taken the leadership in involving itself from the start. Councilman Markel suggested the people should get together in a business, as well as a fraternal program. Councilman Villa stated this has been done, working with Mr. Keith Blunt of Community Relations, and involving the community. ADJOURNMENT man Villa, and unanimously carried. The meeting was adjourned at 12:05 P.M., on motion of Council- man Herrin, seconded by Council- Florence I. Malone Clerk of the Council CITY COUNCIL -418- December 6, 1971