HomeMy WebLinkAbout03-13-1972MINUTES OF THE ADJOURNED REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
March 13, 1972
The meeting was called to order at 2:05 P.M. in the Council Chambers of the
City Hall Annex, 530 North Ross Street, with the following Councilmen present:
Vernon S. Evans, Wade Herrin, J. Ogden Markel, JerryM. Patterson, Ray
Villa, Harry K. Yamamoto, and Mayor Lorin Griset. 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. Evidence of proper notice of the meeting
having been given was on file with the Clerk.
MINUTES Minutes of the Regular Meeting of
February 22, and the Special
Meetings of February 16 and
March Z, were approved as submitted, on motion of Councilman Villa, seconded
by Councilman Herrin and unanimously carried, subject to the following
corrections to the Minutes of February ZZ, 1972:
Page 74, "Consent Calendar," paragraph 6 shall be
corrected to read as follows: "Motion was seconded
by Councilman Patterson and carried on a 5-0 vote.
Councilman Markel was absent."
Page 80, the last item on the page shall be corrected
to read as follows: "On motion of Councilman Villa,
seconded by Councilman Evans and carried, with
Councilman Markel voting "No," the following deeds were
approved .... "
CONSENT CALENDAR The following agenda items were
removed from the Consent Calendar:
Item 5-I, requested by Councilman
Villa; Items 5-A, C, D, F, L, requested by Councilman Yamamoto; Item l-A,
requested by Councilman Markel; and Item 7-A requested by Councilman
Patterson.
On motion of Councilman Yamamoto, seconded by Councilman Patterson, 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:
PROJECT 6051 - Construct patterned concrete sidewalks
in Santa Anita Park and Sandpointe Park; opening date
April 10, 1972.
CITY COUNCIL
-97-
March 13, 1972
CONSENT CALENDAR - (Continued)
PROJECT 6052 - Construct landscape irrigation system
in Flower Street Park; opening date April 10, 1972.
PROJECT 7016 - Construction of well pump house at
Bristol Street Station; opening date March 28, 1972.
SPEC. 641-275 - Purchase 96 feet 14" steel pipe,
cement lined and coated, including fittings; opening
date March 28, 1972.
PROJECT 4020 - Construction of U-1-A storm drain
along Southern Pacific Railroad from north of Edinger
Avenue to McFadden Avenue; opening date April 7, 1972.
PROJECT 1317 - Construction of Seventeenth Street
from Main Street to the Santa Aha Freeway; opening
date April 7, 1972.
BID AWARDS
Awarded contracts as follows:
PROJECT 1326-B - Construct storm drain and street
improvements in MacArthur Boulevard from Bristol
Street to Plaza Drive, and PROJECT 1327-A -
Construct east side of Bear Street from Sunflower
Avenue to Wakeham Avenue; awarded contract to
Silveri and Ruiz Construction Co., Fullerton, on
basis of low bid; and rejected all other bids.
SPEC. 641-274 - Operation of Concessions at Santa
Aha Municipal Stadium; awarded contract to H. L.
Farmen, Farmens Concession, Costa Mesa, on the
basis of highest percentage of gross sales to be paid
to the City; and rejected all other bids.
AGREEMENTS
Approved and authorized the
Mayor and Clerk to execute
the following agreements:
WATER MAIN CROSSING, SOUTHERN PACIFIC
TRACKS - Between the City and Southern Pacific
Transporation Company to install a water main in
MacArthur Boulevard east of Harbor Boulevard and
north of Costa Mesa.
JOINT POWERS AGREEMENT AMENDMENT - Between
the City and the Cour~y' of Orange for purchase of UHF
cornnaunications equipment for Police Department.
CITY COUNCIL -98- March 13, 1972
CONSENT CALENDAR - (Continued)
GARDEN GROVE FREEWAY PROJECT T-148 -
Between the City and State ]Digision of Highways
for installation of signals, lighting, and channelization
on eastbound on-off ramps at Bristol Street.
POPULATION ESTIMATE - Agreement with State
Department of Finance for annual population estimate.
TRAFFIC
March 6, 1972, inclusive.
Received and ordered filed report
of control devices removed or
installed February 14 through
ALCOHOLIC BEVERAGE
LICENSE APPLICATIONS
Received and ordered filed the
following Alcoholic Beverage
License Applications:
TIC TOC MARKETS, INC. , 2710 N. Grand Avenue,
Off Sale Beer & Wine, Original;
STOP N GO MARKETS, 160' east of Tustin Avenue
on Santa Clara, Off Sale Beer & Wine, Original;
GOMEZ, IRENE, RAUL, and RICHARD, Z231-E
West 5thStreet, Off Sale Beer & Wine, Original;
7-11 STORE, 1532 S. Flower, Off Sale Beer & Wine,
Person to Person Transfer;
THRIFTY DRUG & DISCOUNT STORE NO. 455, 3325
South Bristol, Off Sale Beer & Wine, Original;
and the City Attorney was instructed to file a protest with the Alcoholic
Beverage Control Board on the following application:
HAGEN, BARBARA & JACK, 2509 South Main, On
Sale Beer, Original, (Protest - Police Protest).
SOLICITATION APPLICATIONS
Approved the following solicita-
tion applications:
NATIONAL MULTIPLE SCLEROSIS SOCIETY,
Orange County Chapter, One City Blvd. West,
Orange; house-to-house solicitation, mailing,
canisters; for patient services within Orange
County, support research program; and public
and professional education; from May 1 to June
18, 1972.
CITY COUNCIL -99- March 13, 1972
CONSENT CALENDAR - (Continued)
CITY OF HOPE, 208 W. 8th Street, Los Angeles,
door-to-door solicitation; for patient care, research
and education; from June 4 to June 11, 1972.
VARIANCES AND
CONDITIONAL USE PERMITS
Received and ordered filed
the following applications:
VA 72-Z, ORANGE COUNTY EMPLOYEES ASSOCIATION -
To permit an additional temporary trailer office and
continuation of two previously approved temporary trailer
offices for a period of two years at 816 N. Ross Street;
APPROVED.
VA 7Z-7, ROY L. BECK - To move a single family
residence onto a C 1 lot at 1310 West Third Street;
APPROVED.
DEEDS, NO CASH Received and ordered filed
GRANTEE, CITY a report of No-Cash Deeds
accepted by the City Manager,
pursuant to Resolution #69~156, from February 16 through February
29, 1972, inclusive.
DEEDS, NO ~/JASH
GRANTOR, CITY
Approved the following deeds
and authorized their execution
by the Mayor and Clerk:
VARIOUS OWNERS OF RECORD, east side of Bristol,
north of Central, vehicular access rights.
DEEDS WITH CASH
GRANTEE, CITY
in connection with the purchase:
Approved the following deed
and authorized the Mayor to
sign all necessary documents
McKAA4Y, Civic Center Drive, west of French, street
purposes.
TENTATIVE PARCEL MAPS Approved the following maps,
subject to conditions contained
in Planning Director's report,
and waived the alley requirement on Maps ~736 and #7381
TENTATIVE PARCEL MAP #736 - Filed by Carl
J. Klatt, creating (2) C 5 and R1B and one (1) G 5
parcels: one for cornrnercial use; one for residential
use; and one for a Datsun Dealership; located generally
on the north side of 17th Street, 325' west of Old Tustin
Avenue.
CITY COUNCIL -100- March 13, 1972
CONSENT CALENDAR - (Continued)
TENTATIVE PARCEL MAP #737 - Filed by Santametrics
Properties, creating (2) M 1 parcels for industrial purposes,
located generally on the east side of Anne Street, 324' south
of Harvard Street.
TENTATIVE PARCEL MAP #738 - Filed by Robert E. Wilde,
creating (7) C 1 parcels for commercial purposes, located
generally on the southwest corner of Tustin Avenue and 17th
Street.
* * * * * * ** * * CONSENT CALENDAR FINIS * * * * * * * * * *
BID CALL
Approved plans and specifications
and authorized advertisement for
bids on the following:
PROJECT 6049A - Furnish and deliver one city entry sign and one
replacement panel; opening date April 10, 1972.
ALCOHOLIC BEVERAGE Councilman Yamamoto stated that
LICENSE APPLICATIONS Item 5-A was the Sportsman Beer
Bar on Bolsa where there was an
agreement with the owner that there would be no topless/bottomless entertain-
ment; that there is a change of ovcnership; and asked if a similar agreement
could be obtained from the new owners.
The City Attorney stated that such informal agreements are worked out by the
Police Department; that the City is not a party to the agreement; and it would
be very difficult to enforce. The consensus was that it could not be assumed
that the new owners would violate the law.
Councilman Patterson's motion to receive and file the following ABC applications
was seconded by Councilman Serrin, and carried on a 6- 1 vote, Councilman
Yamamoto dissenting:
ERNSBERGER, ANNA, HAROLD, SR., and JOHN H., 4406 W.
Bolsa, On Sale Beer, Person to Person Transfer;
TICKERTAPE, 815 N. Main, On Sale Beer, Person to Person Transfer;
SILVER ROOM, 4202 W. Bolsa, On Sale Beer, Person to Person
Transfer;
EL INFIERNO, 610 W. 4th Street, On Sale Beer, Original;
CRUMPLER, BOBBY, SUSAN and GRACE M. JORDAN, 316 N. Harbor,
On Sale Beer, Person to Person Transfer.
CITY COUNCIL -101- March 13, 19/2
ALCOHOLIC BEVERAGE LICENSE APPLICATIONS
(Continued)
Councilman Villa stated that the application in item 5-I was a bona fide restaurant,
situated between a pizza parlor selling beer and wine, and a donut and coffee shop,
and that he would llke to hear from the applicant.
Mr. James Denmead, 2502 S. Bristol, stated that they will be serving gourmet
Italian food, sandwiches, steaks, etCo; that there will be no entertainment; and
that he is requesting approval to serve beer and wine.
The Conditional Use Permit procedure was explained to the applicant; however,
he stated that the procedure would require approximately 45 days for processing,
and that he hoped to open his restaurant in about two weeks; that he would be losing
a great deal of money under the CUP procedure.
Councilman Villa stated that if it is definitely known that the business is not a beer
bar, but a bona fide restaurant, the ABC application should be approved and the
applicant should not be required to go through the Conditional Use Permit procedure.
Councilman Herrin stated that this would be in defiance of the ordinance and that
perhaps the procedure should be changed.
The City Attorney stated that he did not believe an emergency ordinance could be
justified and that he would like to have additional time to research possible actions.
Councilman Patterson's motion, seconded by Councilman Herrin, to postpone item
5-I until the end of the afternoon session, was unanimously carried.
VA 71-65 Councilman Patterson stated that a
ERICKSON PROPERTIES CORP. previous application from Lorenzo's
for a sign was denied by the Council
because it was a deviation from the sign ordinance; that the staff had recommended
denial; and that the Planning Commission approved the variance on a split vote.
Councilman Patterson's motion, seconded by Councilman lv[arkel, to deny Variance
Application 71-65 filed by Erickson Properties Corporation to allow a pole sign
80' in height, containing 550 square feet within 300' of an existing pole sign on the
same property at Zl01 E. Edinger, carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Markel, Griset, Yamamoto
Villa, Evans, Herrin
None
SURPLUS PROPERTY Councilman Markel requested discussion
on agenda item 15. By common consent
of the Council the item was removed from
the Consent Calendar. In response to Cuuncilman Markel's question, the City
Manager reported that all of the property involved had been vacated; and that there
are only two families remaining on First Street who will need to be relocated.
CITY COUNCIL -102- March 13, 1972
SURPLUS PROi~ERTY - (Continued)
Councilman Herrin moved to declare surplus and authorize demolition of
improvements at the following locations:
1401 West First Street
1525 West First Street
1701 West First Street
17Z5 West First Street
1503 West First Street
1829 West First Street
1823 West First Street
1509 West First Street
1717 West First Street
SPR #72-06)
SPR #72-07)
SPR #72-08)
SPR #72-09)
SPR #72-10)
SPR #72-11)
SPR #72-12)
SPR #7Z-13)
SPR #7Z-14)
Motion was seconded by Councilman Evans, and carried on the following roll call
vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Villa, Griset, Yamamoto, Patterson
Markel
None
READING WAIVED
of ordinances and resolutions,
was waived.
On motion of Councilman Herrin,
seconded by Councilman Evans, and
unanimously carried, the full reading
the titles of which appeared on the public agenda,
RECESS
At 2:45 P.M., a recess was declared.
The meeting reconvened at 2:50 P.M.
with all Council members present.
The Mayor stated it had been brought to his attention that the denial of the sign
under Variance Application 71-65 was an improper procedure; that the item
should be set for public hearing.
Councilman Patterson's motion, seconded by Councilman Evans, to reconsider
agenda item 7-A, was unanimously carried.
Councilman Patterson moved to set the following matter for public hearing at
the earliest possible Council meeting:
VA 71-65, ERICKSON PROPERTIES CORPORATION - To allow
a pole sign 80' in height, containing 550 square feet within 300'
of an existing pole sign on the same property at 2101 E. Edinger;
APPROVED.
Motion was seconded by Councilman Evans, and carried on the following roll
call vote:
AYES:
NOES:
ABSENT:
Patterson, Evans, Villa, Griset, Yamamoto, IVIarkel
Herrin
None
CITY COUNCIL -103- March 13, 1972
ORD. NS-1110 ORDINANC:~E NS-1110 AMENDING
REST HOMES AND SANTA ANA MUNICIPAL CODE
CONVALESCENT HOMES SECTION 41-232 AND SECTION
41-259 DELETING REST HOMES
AND CONVALESCENT HOMES AS CONDITIONAL USES IN THE R1 AND R2
DISTRICTS AND ADDING REST HOMES AND CONVALESCENT HOMES AS
CONDITIONAL USES IN THE R3 DISTRICT was passed to second reading on
motion of Councilman Herrin, seconded by Councilman Evans, and unanimously
carried.
The Mayor announced that there were persons in the audience interested in
agenda items #62 and #55. Councilman Herrin's motion, seconded by Council-
man Villa, to consider items #62 and #55 next, carried unanimously.
ORDINANCE PROTECTING BIRDS In a letter dated February 29, 1972,
Mrs. Elsie C. Millman requested
a change in the ordinance protecting
birds. In response to a question from Council, the City Attorney stated that
there is a section of the ordinance which states that birds which constitute a
nuisance need not be protected; that the City Council, Chief of Police, and Animal
Control Officer are given the authority to make the decision; but that evidence
that the birds are a nuisance is required.
Councilman Villa stated that the City of Santa Aha is purported to be a bird
sanctuary, and that if one bird is prote~ted, .all should be. Councilman Yamamoto
concurred, stating that birds which are a nuisance to one person may not be to
others.
Councilman Evans' motion, seconded by Councilman ]Patterson, to refer the letter
to staff, was unanimously ~ar'ried.
At the request of Councilman Herrin, Mrs. Elsie C. Millman, 1002 N. Van Ness,
spoke in support of her request, stating that the numerous crows in the area are
extremely destructive, eating the nuts and fruit from trees before the owners can
gather them. She suggested that the birds could he tranqnilized and then disposed
of. Councilman Patterson requested that, during the staff review, consideration
should be given to removal of crows, and perhaps other birds, from inclusion in
the ordinance.
TRASH COLLECTION Mr. Harry D. Hunt, 2519-A S. Baker
Street, protested the new trash
collection procedures, stating that
garbage inspectors were recently given authority to write tickets but they do not
have the supply of tickets; that he was opposed to the requirement for dumpsters
for four or more units; that they must be legislated out of existence or made
pollution-free; that they present an ecology/ threat; that studies should be made
to find better ways to cope with waste; that ordinances should be passed forcing
people to recycle; that Santa Ana is the leading city in the richest county in the
richest nation and should be leading other cities in such matters, and not just
following their examples.
CITY COUNCIL -104- March 13, 1972
TRASH COLLECTION - (Continued)
Councilman Markel requested that Mr. Hunt file a copy of the information he
had presented with the Clerk of the Council. Mr. Hunt stated that if the Councilman
would telephone him at 546-2833, he would be available for discussion at any time.
Letter dated February 15, 1972 from Harry D. Hunt protesting garbage rates and
procedures was received and ordered filed, on motion of Councilman Herrin,
seconded by Councilman Evans, and unanimously carried.
RES. 72-25
CUP 71-40
HAZEL L. COTNER
RESOLUTION 72-25 UPHOLDING
THE DECISION OF THE PLANNING
COMMISSION AND DENYING A
CONDITIONAL USE PERMIT ON
APPLICATION 71-40 FILED BY HAZEL L. COTNER was adopted on motion of
Councilman Herrin, seconded by Councilman Evans, and unanimously carried.
RES. 72-27 RESOLUTION 72-27 CREATING A
PARKING ZONE 24-MINUTE PARKING ZONE ON
FOURTH STREET THE SOUTH SIDE OF FOURTH
STREET, EAST OF PARTON
STREET was adopted on motion of Councilman Herrin, seconded by Councilman
Evans, and unanimously carried.
RES. 72-28 RESOLUTION 72-28 OF THE CITY
AGREEMENT COUNCIL OF THE CITY OF SANTA
FLOWER STREET PARK ANA APPROVING THE EXECUTION
OF A PROJECT AGREEMENT FOR
LAND AND WATER CONSERVATION FUND PROJECT NO. 06-00167 FLOWER
STREET PARK DEVELOPMENT, BY AND BETWEEN THE CITY COUNCIL OF
THE CITY OF SANTA ANA AND THE STATE OF CALIFORNIA, RESOURCES
AGENCY, DEPARTMENT OF PARKS AND RECREATION was adopted on motion
of Councilman Patterson, seconded by Councilman Evans, and unanimously
carried.
RES. 72-29 RESOLUTION 72-29 CONSENTING
FAIRVIEW STREET TO THE ESTABLISHMENT OF A
PORTION OF FAIRVIEW STREET
WITHIN THE CITY OF SANTA ANA AS A COUNTY HIGHWAY DURING THE
PERIOD OF IMPROVEMENT was adopted on motion of Councilman Patterson,
seconded by Councilman Yamamoto, and unanimously carried.
RES. 7Z-30 RESOLUTION 72-30 OF THE CITY
BID ACCEPTANCE COUNCIL OF SANTA ANA
AUTHORIZING THE CITY MANAGER
OR HIS DESIGNATED AGENT TO EXECUTE THE CITY'S ACCEPTANCE OF
WRITTEN BIDS AFTER AWARD BY THE CITY COUNCIL was adopted on motion
of Councilman Herrin, seconded by Councilman Yamamoto, and unanimously
carried.
Prior to the vote, the City Attorney explained that the procedural change does
not affect the bid call or the Council's authority to award the contract; that
following these actions, the bid form will constitute the agreement.
CITY COUNCIL -105- March 13, 1972
VA 70-68 On motion of Councilman Herrin,
TREASURY SITE DEVELOI~MENT seconded by Councilman Evans,
and unanimously carried, Council
approved the change from a double left-turn lane to a s~gle left-turn lane for
median ol~ening on Bristol Street at the entrance to the Treasury Store.
WARNER AVENUE SOUTH On motio~u of Councilman Herrin,
VARIANCES AND REZONES seconde~ by Councilman Evans, and
unanimously carried, Council received
and ordered filed report of Variance and Zoning Amendment Applications affected
by moratorium of February ZZ, 1972, in the Warner-South area.
WARD BOUNDARIES In discussing the report of alternative
procedures for adjustment of ward
boundaries dated March 8, 1972,
Councilman Villa stated that he believed boundaries should be adjusted as soon
as possible in order to avoid having anyone who wants to run for City Councilman
being gerrymandered out of his ward; that the City Charter states boundaries must
be adjusted if inequities are in excess of 10%; but that it is possible that would not
occur. Mayor Griset stated there is aproblem because of the purge of the
registered voter roster following the General Election in November and that there
could be a tremendous change, and he asked if the recent decision in the Wenke
case would apply to anyone who might not be in the area of a ward that was
established. At the request of Councilman Evans, the City Attorney stated that
the present Charter requirement is for two years' residency in the City of Santa
Ana, and one year in the ward from which %he candidate files; that the Wenke
decision eliminates the former prob le m.
Mrs. Janice Boer, 912 N. Lowell, stated that the U.S. Supreme Court has ruled
wards may no longer be based on voter registration; that they must be based on
population; and that the requirement is one man, one vote. She further stated
a Charter amendment ~zould be put on the Primary Ballot to ~remove the require-
ment for one-year residency in the ward.
Councilman Evans inquired as to the feasibility of passing an emergency ordinance
to eliminate the one-year residence requirement. The City Attorney stated it
would be impossible to prepare all the necessary documents and submit them to
the County Registrar prior to the printing deadline; and that since Santa Ana
Councilmen are elected at large, the City has one man, seven votes, and is
not affected by the Supreme Court decision.
Councilman Patterson stated he would be in favor of eliminating the one-year
residence requirement in the ward and that it should be placed on the ballot;
however, he felt there was no urgency--that it could be placed on the November
ballot. He stated that he realizes there will be a change in number of
registered voters following the General Election in November, but that it is
possible it could affect every ward the same.
CITY COUNCIL -106- March 13, 1972
WARD BOUNDARIES - ~Continued)
Councilmam Villa's motion to redraw the ward boundaries prior to April 3rd
and make any necessary adjustments at a later date, was seconded by Council-
man Patterson. After further discussion, the motion failed on the following
roll call vote:
AYES: Villa
NOES: Patterson,
ABSENT: None
Evans, Herrin, Griset, Yamamoto, IVlarkel
Councilman Patterson's motion, seconded by Councilman Evans, to refer the
requirement of one-year residence in a ward to the City Attorney for report
as to whether it can be accomplished, and place it on the ballot either in June
or November, failed on the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Evans, Herrin
Villa, Griset, Yamamoto, Markel
None
RECESS
At 4:15 P.M., a recess was declared.
The meeting reconvened at 4:25 P.M.
with all Council members present.
NEW CITY HALL AND On motion of Councilman Herrin,
POLICE BUILDING seconded by Councilman Evans, and
carried on a 6-1 vote, Councilman
Markel dissenting, Council authorized the installation of a 200 KW generator
in the new City Hall with necessary t~cansfer switch gear, conduits and conductors
to provide emergency power for both the new City Hall and the Police Building
at the estimated cost of $26,000.
CULTURAL HERITAGE PROGRA/Vi Referring to the progress report
on the Cultural Heritage Program,
Councilman Herrin stated that
Council had already set the policy; that they would encourage formation of a
committee but that the City would not involve itself in the physical policy of
responsibility or liability in any way; that if there are those who are interested,
they could form a committee and operate it as a private promotion.
The Mayor stated that the Clerk's office had contacted various organizations
and forwarded all pertinent information but has had only two responses. Council-
man Evans stated he believes it is the City's responsibility to take the initiative
in the matter; that the City should appoint certain individuals to participate on
the cornrnittee and provide a meeting place. He stated he was not in favor of
providing clerical assistance and statio~ry. Councilman Patterson stated he
believed the Committee should be provided with clerical assistance, but perhaps
at a later date.
On motion of Councilman Evans, seconded by Councilman Markel, and unanimously
carried, Council authorized formation of a Cultural Heritage Evaluation
Committee, with provisions for a meeting place..
CITY COUNCIL -107- March 13, 1972
CULTURAL HERITAGE PROGRAM - (Continued)
On motion of Councilman Herrin, seconded by Councilman Patterson, and
unanimously carried, Councilman E~ans was al~pointed as the Council
representative to the committee.
SUMMARY OF COUNCIL REFERRALS On motion of Councilman Herrin,
seconded by Councilman Patterson,
and unanimously carried, Council
received and ordered filed the summary of action items referred to Staff by
Council which are still pending.
CouncilmanMarkel requested a report on the number of fires in the City caused
by the use of aluminum wire. The City Manager stated that the Director of
Building and Safety had reported that there was none. The Councilman stated
he wanted to refer the matter back to staff for additional information. He stated
that when he first asked for a report on aluminum wire, the Fire Department
reported t~vo fires were caused by its use and he asked if there had been any
since then. The City Manager replied there had been none.
Councilman Markel stated that approximately a year ago he had requested an
estimate on the cost of all surplus proper, fy the City owns on First Street; that
Public Works stated it was $2,000,000 but he had not yet received a report from
the City Manager as to how he arrived at his $950,000 figure and it is still a
referral item.
TRAFFIC AND STREET LIGHTS A petition containing 135 signatures
BRISTOL AND MAC ARTHUR of area residents requesting street
lighting and traffic lights at the
corner of Bristol Street and MacArthur Boulevard was referred to staff on motion
of Councilman Herrin, seconded by Councilman Evans, and unanimously carried.
There was a brief discussion, and the Director of I~ublic Works stated he will provide
a written report to Council at the next regular meeking.
LEGAL SERVICES Statement dated January 7, 1972,
from Wenke, Kemble and Burge,
Attorneys, for services rendered
in connection with Irvine Company litigation was approved for payr~ent on motion
of Councilman Evans, seconded by Councilman l~atterson, and unanimously carried.
REAPPORTIONMENT COMMISSION Councilman Markel's motion to
receive and file the letter dated
February 22, 1972, from Arlen
Gregorio, State Legislature, concerning establishment of a reapportionment
commission, failed for lack of a second.
Councilman Patterson's motion, seconded by Councilman Herrin, to endorse
Senator Gregorio's measure to establish an independent, nonpartisan reapportion-
ment commission, carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Herrin, Villa, Griset, Yamamoto, Markel
Evans
None
CITY COUNCIL -108- March 13, 1972
SOUTHERN CALIFORNIA ASSOCIATION Letter dated February 18, 1972, from ~ ~
OF GOVERNMENTS Louis T. Gilbertson, Mayor of Temple
City, concerning the SCAG organization,
was received and ordered filed on motion of Councilman Patterson, seconded by
Councilman Evans, and carried unanimously.
SALES TAX REVENUES Councilman Evans' motion, seconded
by Councilman Herrin, to refer to
staff the letter dated February 17, 1972,
from R.D. McDowell, City Administrator, Norwalk, concerning distribution of sales
tax revenue, carried unanimously.
The City Manager stated that the City has spend hundreds of thousands of dollars
and has created many special provisions and many special procedures to obtain
and monitor retail sales outlets; that this proposal would cause a great deal of
difficulty; and that staff is opposed to it.
Councilman Villa's motion to reconsider agenda item ~60 was seconded by
Councilman Patterson and carried on a 6-1 vote, Councilman Evans dissenting.
Councilman Herrin's motion, seconded by Councilman Patterson to receive and
file the communication, was unanimously carried.
UNDERGROUNDING EXISTING On motion of Councilman Herrin,
UTILITY LINES seconded by Councilman Evans, and
unanimously carried, Council referred
to staff the corrLrnunication from the City of Fullerton urging adoption of a
resolution changing existing rules and regulations for undergrounding existing
utility lines.
CHARLES W. BOWERS Letter dated March Z, 197Z from
MEMORIAL MUSEUM George N. Hale, Chairman, Board
of Trustees of the Charles W.
Bowers Memorial Museum, concerning Award of Merit from the Arne]~ican
Association for State and Local History, was received and ordered filed on motion
of Councilman Herrin, seconded by Councilman Yamamoto, and carried unanimously.
MAYOR' S FREEWAY COMMITTEE Mayor Griset stated that there have
been several resignations from the
Mayor!s Freeway Cornrnittee, and
other members have moved out of the area; and asked Council's authority to
reconstitute the Committee. In response to Councilman Villa's question, the Mayor
stated that the Committee considers anything in the interest of the City in relation-
ship to freeways; that the Orange Freeway is the most immediate project.
Councilman Patterson stated he believed the Council should appoint the Committee
members with ~/ide-spread dissemination applying the same as in other committees.
The Mayor replied that the Committee, as constituted in the past, has represented
the various business segments of the community.
Councilman Herrin's motion, seconded by Councilman Evans, to authorize the
Mayor to select new members for the Mayor's Freeway Committee, was carried
unanimous ly.
CITY COUNCIL -109- March 13, 197Z
MAYOR'S FREEWAY COMMITTEE - (Continued)
Councilman Herrin's motion to accept with regret the resignation of Jack W.
l%4cCarley, to offer congratulations on his new position, "nd to express sincere
appreciation for the many matters in which he has participated on behalf of the
City, was seconded by Councilman Yamamoto, and unanimously carried.
ALCOHOLIC BEVERAGE In reference to the application of
LICENSE APPLICATION James Denmead for sale of beer
and wine at 2502 S. Bristol, the
City Attorney stated that this matter could be handled administratively; ~nd
that he would draft a revision to the ordinance coverihg ABC applications for
Council's consideration at its next meeting.
Councilman Markel stated he is agreeable to a revision of the ordinance but does
not want to weaken what has been accomplished in this regard over the past two
years. Councilman Patterson stated he believed the idea of requiring a Conditional
Use Permit to sell liquor within 300' of a residence is good; however the purpose
of the statute is to require a CUP and not to file protest~ before the Alcoholic
Beverage Control Board; that he would be in favor of revising the ordinance to
exclude legitimate restaurants. Councilman Yamamoto stated that at the time the
ordinance was passed, the intent was to regulate beer bars; that it is unfortunate
that legitimate restaurants are also falling into this category; and asked if the two
could be legally separated.
The City Attorney was instructed to proceed with revision of the ordinance
regulating alcoholic beverage license applications, to exempt legitimate
r e staurants.
Councilman Patterson's motion seconded by Councilman Villa, to receive and
file the following Alcoholic Beverage License application, was unanimously
carried:
DENMEAD, JA/vIES, Z50Z S. Bristol, On Sale Beer & Wine, Original.
NEIGHBORHOOD CENTER The City Manager distributed copies
PROPOSAL of a report dated Februaryll, 1972,
from Robert Portillo, Assistant
to City IV[anager-~ommhnityRelations, proposing funding and development of
neighborhood centers to establish closer contact between City government and
citizens. He stated that he expected a number of people to attend the evening
meeting to speak on the subject.
EXECUTIVE SESSION
At 5:10 P.M., the Mayor requested
an Executive Session for discussion
of legal :matters.
RECESS At 5:25 P.M., the Council reconvened
and the meeting was recessed to 7:30
P.M., at which time it was reconvened
with all Council members present. Following the Pledge of Allegiance to the Flag,
the Invocation was given by Councilman J. Ogden Markel0
CITY COUNCIL
-110 -
March 13, 1972
APPEAL #292 In accordance with the applicant's
VA 71-60 request, Appeal #292 filed by Ben
BEN WARNER'S GARAGE, INC. Warner's Garage, Inc., appealing
the Planning Commission's denial
of VA 71-60 to allow auxiliary parking and storage of impounded and wrecked
vehicles in the C 3 District at 320 W. Fifth Street, was continued to June 5, 1972,
on motion of Councilman Villa, seconded by Councilman Yamamoto, and carried
on a 6-1 vote, Councilman Evans dissenting.
APPEAL #294 The Mayor opened the public hearing
VA 72-8 on Appeal #Z94 filed by Robert
ROBERT EWING ASSOCIATES EwLug Associates appealing the side-
walk conditions contained in 5B and
also in II. 1, 2 and 3 of Variance Application ?2-8, approved by the Planning
Commission. The Variance Application was filed to waive a portion of the off-
street parking, building height, and to provide landscaping in lieu of sidewalks
in the CR District at 3600 South Bristol Street.
The Director of Planning stated that~bout a year ago a variance was granted to
The Treasury to build a large store on this site; that this is the balance of the
property located on the west side of Bristol between Sunflower and MacArthur;
that as part of the Treasury variance the sidewalks on Bristol, Sunflower, and
Plaza Drive were waived, and that this appeal is for waiver of the sidewalk
requirement on the remaining portion of the side; that the staff recommendation
is to require the sidewalks.
Mr. Jan Vail of Robert Ewing Associates, 3440 Wilshire Boulevard, Los Angeles,
stated that the appeal was filed to request that they be allowed to provide a buffer
of eight feet for landscaping in lieu of sidewalks; that such a landscaping strip
was approved under VA 70-68, but due to more than minor modifications of the
plan they were required to file the new variance application, and now are only
requesting what was granted previously.
Mr. Ken Beisner, 1510 Carriage Drive, President of Segerstrom-Republic
IIomeowners' Association, stated that there are no areas where pedestrians can
walk safely on Bristol from the Segerstrom-Republic area to the shopping centers;
that if more landscaping is required, they are requesting at least a 6-foot sidewalk.
Mr. Jim Brewer, Vice President of the Winmar Company, stated that they wish
to make this project consistent with The Treasury site by continuing the same
landscaping in lieu of sidewalks.
Mr. Ben Rappaport, 2138 S. Rita Way, stated the developer should be able to
design landscaping consistent with The Treasury site, and also provide side-
walks; that if the developers want the people to shop at their center, the best
way is to provide sidewalks.
There were no further proponents or opponents in the matter. The Clerk reported
no written communications had been received, and the Mayor declared the public
hearing closed.
The Director of Public Works stated that since approval of The Treasury
variance, the Rinker Development Corporation appealed the sidewalk requirement
on their site, and Council denied the appeal; that since that time, 800 multiple-
family dwelling units have been approved immediately west of the site, which
CITY COUNCIL -111- March 13, 1972
APPEAL #294, VA 7Z-8
ROBERT EWING ASSOCIATES - (Continued)
would indicate a need for sidewalks on Plaza Drive and MacArthur Boulevard;
and that staff recommendation is denial of the appeal,
Councilman Evans' motion, seconded by Councilman Patterson, to uphold the
decision of the Planning Commission and instruct the City Attorney to prepare
a Resolution denying Appeal #Z94, and conditionally approving Variance
Application 72~8, carried on the following roll call vote:
AYES:
NOES:
AB SENT:
Evans, Patterson, Villa, Herrin, Griset,
None
None
Yamamoto, lv~arkel
ORD. NS-1111 ORD~NANC~E NS-1111 AMENDING
FRINGE BENEFITS THE ~NTA ANA MUNICIPAL
CODE BY ADDING SECTION 9-169
REGARDING PAYMENT FOR UNUSED SICK LEAVE AND BY AMENDING SECTION
9-13Z REGAl{DING LONGEVITY VACATION was passed to second reading on
motion of Councilman Patterson, ~econded by Councilman Villa, and carried on
the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Villa, Evans, Griset, ¥~rnamoto
Herrin, Markel
None
BUDGET REVISIONS In considering the mid- year
FOR 1971-72 budget revisions for Fiscal Year
1971~7Z, there was considerable
discussion concerning the p_roposed Neighborhood Center Program~ In
response to Councilman Markel's request for more information, the City
Manager stated that this is an experimentalprogran~; that it represents a
strong feeling of concern for lack of communication, lack of utiliZati6n of'
neighborhood resources, misdirection of cornrnunity effort and governmental
effort; that the staff believes this is the best opportunity for a positive effort
on the part of the City and a potential favorable response from people in the
community; that it is within the monetary reach of the City; that the persons in
charge of these neighborhood locations would be actual representatives of the
City government,
Councilman Villa's motion, seconded by Councilman Evans, to approve the mid-
year Budget Revisions for Fiscal Year 19'71-7Z, carried on the following roll
call vote:
AYES:
NOES:
ABSENT:
Villa, Evans,Griset, Yamamoto, Patterson
Herrin, Markel
None
Following the vote, Mr. Rudy Moreno, 630 S. Corta Drive, stated he believes
that five centers are needed, and that Federal funds are available for this
purpose from the Criminal Justice Council. Father John Coffield, 541 E.
Central, and Alejandro Garcia, ?039½ Western, expressed their appreciation
for Council's support of this program.
CITY COUNCIL
-llZ ~
March 13, 1972
ADJOURNMENT At 8:30 1P.M., the Mayor declared
the meeting adjourned.
Florence I. Malone
Clerk of the Council
CITY COUNCIL -113- March 13, 1972