HomeMy WebLinkAbout07-03-1972MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
July 3, 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:
Wade Herrin, f. OgdenMarkel, 3erryM. Patterson, Ray Villa, HarryK.
Yamamoto, and Mayor Lorin Griset. Councilman Vernon S. Evans arrived at
Z:10 P.M. Also present were Acting City Manager Bruce C. Spragg, City
Attorney James A. Withers, Director of Planning Herbert Wieland, Director
of Public Works Ronald Wolford, and Clerk of the Council Florence I. Malone.
EXECUTIVE SESSION
ments to various Boards and Commissions.
with all Councilmen present.
At 2:10 P. M., the meeting was
adjourned to an Executive Session
to consider applications for appoint-
The meeting reconvened at Z:50 P.M.
Councilman Villa moved to appoint the following persons to Boards and
Commissions, as indicated:
Bowers Museum Board
James Faulkne r
Kathleen Howard
Civic Center Commission
Tom McMichael
Human Relations Commission
Harlan Anderson
Sam Sandoval
G.E. Wasson
Library Board
John W. Hill
Personnel Board
Clifford Collins
Recreation & Parks Board
Vehidle Parking District #1
Glen Evans
Rudolph Francis
Mtn Nitta
Allan Fainbarg
The motion was seconded by Councilman Patterson, and carried unanimously on
all appointees, with the exception of the reappointments of Harlan Anderson and
Sam Sandoval on which Councilman Markel voted NO.
Mrs. Janice Boer, 912 N. Lowell Street, questioned the continued service of
Mr. Kopel on the Civic Center Commission. The Mayor stated that Mr. Kopel
is a businessman in the City of Santa Aha and has been extremely competent in
his representation of the City on the Civic Center Commission; and that the
Council has chosen not to relieve him of his appointment.
CITY COUNCIL MINUTES
-Z55-
JULY 3, 197Z
USE OF PUBLIC PROPERTY The Mayor announced that a petition
for Use of Public t~roperty for a
block party had been received from
Mrs. Dolores M. Gilbert, 2724 West Glenwood, requesting closure of the Z700 block
of Glenwood Place (a cul-de-sac street) on July 4, 1972, from 4:00 P.M. to 10:00 P.M.
The petition was presented containing the names of all the residents of the block,
approving the request.
Councilman Patterson's motion to approve the application to close the 2700 block of
Glenwood Place as requested, subject to all administrative and Municipal Code
provisions therefor, was seconded by Councilman Markel and carried unanimously.
GREAT WESTERN The Mayor announced that a letter
RECLAMATION, INC. dated July 3 had been presented to
Council requesting a public hearing
at the Regular Meeting of July 17 regarding the matter of sale of Great Western
Reclamation Corporation.
Councilman Patterson's motion, seconded by Councilman Villa, to set the matter of
sale of Great Western Reclamation Corporation for public hearing at 7:30 P.M. on
July 17, 1972, was unanimously carried.
CONSENT CALENDAR The following agenda items were
removed from the Consent Calendar.
Items Z-A and 3-A) requested by
Councilman Evans; Item 3-C requested by Councilman Herrin; Items 5-A, B, D, E,
F and 7-D, requested by Councilman Yamamoto; and Item 9-C requested by Council-
man Markel.
On motion of Councilman Herrin, seconded by Councilman Yamamoto, and unanimously
carried, Council affirmed the recommended action on the following Consent Calendar
items:
BID AWARD
Awarded contract as follows:
SPEC. 7Z3-Z37, Bacteriological water sample, test
and report, annual requirement from July 1, 1972
through June 30, 1973; awarded contract to Associated
Laboratories, Orange, on basis of lo,vest bidder.
AGREEMENT
Approved and authorized the
Mayor and Clerk to execute
the following agreement:
Agreement between the City and the Pacific Telephone and
Telegraph Company, for lowering and relocation of
communication facilities in a portion of Fifth Street
(vacated) west of Ross Street.
CITY COUNCIL MINUTES
-Z56-
JULY 3, 1972
CONSENT CALENDAR - (Continued)
TRAFFIC
1972, inclusive.
Received and ordered filed report
of control devices removed or
installed June 19 through June ZS,
ALCOHOLIC BEVERAGE
LICENSE APPLICATIONS
Received and ordered filed the
following Alcoholic Beverage
License applications:
SARINANA LIQUOR STORE, 2216 W. Fifth Street, Off
Sale Beer and Wine, Original;
7-ELEVEN FOOD STORE, 2320 N. Grand Avenue, Off
Sale Beer and Wine, Person to Person Transfer.
VARIANCES AND
CONDITIONAL USE PERMITS
Received and ordered filed the
foll~)'wing applications:
EX 72-9, RICHARD G. & MARCIA C. VOGL - To waive
a portion of the required masonry wall around a par. king
area in the P District at 1155 Civic Center Drive West;
APPROVED.
VA 72-37, CIVIC CENTER PROFESSIONAL BUILDING -
To reduce minimum yard requirements for proposed
122 foot high office building in the C D District at 441
Civic Center Drive West; APPROVED.
VA 72-44, PACIFIC TELEPHONE & TELEGRAPH -
To construct a parking lot 6n a C 4 lot which is less
than four acres at 3200 S. Bristol Street; APPROVED.
PUBLIC PROPERTY USE
Approved the following Application
for Special License to Use Public
Property:"
OUR LADY OF THE PILLAR CHURCH, to close the
1600 block of West Sixth Street between Western and
Pacific, on August 4, 5, and 6, 1972, from 6:30
to 11:00 P.M.; fiesta to be held on church grounds.
DEEDS WITH CASH Approved the following deeds:
GRANTEE CITY
SANTA FE LAND IMPROVEMENT COMPANY, east side
of Lyon, north of Edinger, drainage purposes.
SANTA FE LAND IMPROVEMENT COMP~kNY, east side
of Lyon, north of Edinger, drainage purposes.
DEEDS, NO CASH Received and ordered filed a
GRANTEE, CITY report of No-CashDeeds accepted
by the City Manager, pursuant to
Resolution #69-156, from June 21 through June 27, 1972, inclusive.
CITY COUNCIL MINUTES
-257- JULY 3, 1972
CONSENT CALENDAR - (Continued)
CHANGE ORDER
Approved the following Change
Order:
PROJECT 1317 - Widening of Seventeenth Street between
Main Street and the Santa Ana Freeway, Change Order
#1, in the amount of $1,667.50.
* * ** * * * * ** * * CONSENT CALENDAR FINIS* **** * * * * ** *
BID AWARD
On motion of Councilman Patterson,
seconded by Councilman Yamamoto,
the following contract was awarded:
SPEC. 72-003, Nine (9) Diesel Transit Type Buses; awarded
contract to Flxible Company, Loudonville, Ohio, on the basis
of lowest bidder, contingent upon the acceptancyby the U.S.
Department of Transportation of the Grant Contract approved
by City Council on 3une 26, 1972, in the amount of $245, 070.00.
Motion carried on the following roll call vote:
AYES:
NOES:
ABSENT:
AGREEMENT
STUDY FOR THE GREATER
LOGAN AREA
Patterson, Yamamoto, Villa, Griset
Evans, Herrin, Markel
None
Councilman Patterson's motion,
seconded by Councilman Villa, to
approve the agreement between
the City and Haworth & Anderson
to develop a land use plan and implementation program for the Greater Logan area,
and to authorize its execution by the Mayor and Clerk, carried on the following roll
call vote:
AYES: Patterson, Villa, Griset, Yamamoto
NOES: Evans, Herrin, Markel
ABSENT: None
Prior to voting, Ceuncilmen Herrin, Markel, and Evans spoke in opposition to
this agreement, stating that the taxpayers should not be burdene(~ with the cost of
$23,000 for this study; that they had no objection to spending a small amount of
money for the study, but that the cost is out of line; that the Logan Area was included
in the over-all General Plan study conducted about five years ago; and that it was
felt that the Planning Department had ample material to work with on this matter.
Councilman Villa stated that many homes in the Logan area are in poor condition;
that they cannot be rehabilitated because loans are not available on residences in
an industrial area; that the in-depth study is necessary. Councilman Patterson
stated that the study would help to determine whether or not Civic Center Drive
should be continued through the Logan area; and if so, where.
CITY COUNCIL MINUTES
~258- 3ULY 3, 1972
LEASE AGREEMENT On motion of Councilman Evans,
seconded by Councilman Patterson,
Lease Agreement between the City
and Deigh Do Boyd, Mo BOA.,' Investment Counsel, for "Neighborhood Center"
located at 4404-4406-4408 W. Fifth Street ~vas approved on the following roll call
rot e:
AYES:
NOES:
ABSENT:
Evans, Patterson, Villa, Griset, Yamamoto
Herrin, Markel
None
Councilman Markel spoke in opposition to approval of the lease; stating that the
building was in need of paint, there was insufficient parking space, a~d it was not
a good area to provide amusement for the City's young people.
ALCOHOLIC BEVERAGE Councilman Yamamoto spoke in
LICENSE APPLICATIONS opposition to On Sale Beer Bars,
stating that they pollute people's
minds; and that they cost the taxpayers money because of many incidents that must
be investigated by the Police.
The following application was received and ordered filed on motion of Councilman
PJerrin, seconded by Councilman Patterson, and carried on a 5/2 vote, Councilmen
Evans and Yamamoto dissenting:
SPORTSMAN, 4406 W. Bolsa, On Sale Beer, Person to Person
Transfer.
Prior to the vote, the Mayor stated that apparently there have been no Police problems
at this location; that Police protests are based on the previous owner's record.
The Acting City Manager stated that there was a comment in the Police Department
report, which was not distributed'since there was no recornrnendation for protest,
as follows:
"We have no protest against the issuance of this license providing
the following conditions are met: existing restrictions on license
are transferred in addition to the written agreement by applicant
that they will not provide topless/bottomless entertainment, and
they will not conduct after-hours business."
The following Alcoholic Beverage License applications were received and ordered
filed on motion of Councilman Patterson, seconded by Councilman Villa, and
carried on a 5-2 vote, Councilmen Evans and Yamamoto dissenting:
LIL TIGER INNS OF AMERICA, 2738 N. Bristol, On
Sale Beer, Original;
DILLIE'S TAVERN, 2100-AS. Bristol, On Sale Beer,
Person to Person Transfer;
PINE PUB, 2333 W. First Street, On Sale Beer, Person
to Person Transfer.
CITY COUNCIL MINUTES -259- JULY 3, 1972
ALCOHOLIC BEVERAGE
LICENSE APPLICATIONS - (Continued)
Mrs. Cora Balch, 606 East First Street, stated she would like to protest issuance
of an Alcoholic Beverage License to the Lasso Bar, 610 E. First Street; that she
lives next door to the bar; that the door to the bar is left open because of poor
air-conditioning~ and the noise, odors, etCo coming from the bar are extremely
annoying; that she is asking that the bar owners be required to keep the door closed;
that she has discussed it with them, but was told that the air conditioning is poor
i~ecause of inadequate electrical wiring; that young girls who are not allowed in the
bar congregate in the parking lot.
In response to Councilman Villa's question concerning the ordinance prohibiting bars
within 300' of a residence, it was determined that the use of the property preceded
the ordinance and is a non-conforming use.
On motion of Councilman Patterson, seconded by Councilman Yamamoto, and
unanimously carried, the City Attorney was instructed to file a protest with the
Alcoholic Beverage Control Board on the following application as a nuisance and
disturbance to adjacent residences;
LASSO BAR, 610 E. First Street, On Sale Beer, Person to
Person Transfer.
RECESS On motion of Councilman Patterson,
seconded by Councilman Villa, and
carried on a 5 - 1 vote, Councilman
Evans voting NO, and Councilman Markel abstaining, Council was recessed at 4:00
P.M. in order to conduct business of the Housing Authority. The meeting
reconvened at 4:35 P. M. , ~vith all Councilmen present.
VARIANCE APPLICATION 72-47
CRODDY MORTGAGE &
INVESTMENT TRUST COMPANY
Councilman Herrin moved to
receive and file the following
Variance Application:
Motion
vote:
VA 72-47, CRODDY MORTGAGE & INVESTMENT TRUST
COMPANY - To construct three freestanding signs closer
than 300 feet from each other and construct three roof
signs in an integrated development in the C 2 District at
2501 - 2511 So Bristol; APPROVED one sign per structure,
either freestanding or roof.
was seconded by Councilman Villa, and carried on the following roll call
AYES:
NOES:
ABSENT:
Herrin, Villa, Evans, Griset, Marke]
Yamamoto, Patterson
None
CITY COUNCIL MINUTES -260- JULY 3, 1972
DEEDS, NO CASH On motion of Councilman Herrin,
GRANTOR, CITY seconded by Councilman Evans,
and unanimously carried, Council
approved the following deed and authorized its execution by the 1Viayor and Clerk:
SOUTHERN CALIFORNIA EDISON COMPANY, north side of
Walnut, east of Flower, easement.
READING WAIVED On motion of Councilman Herrin,
seconded by Councilman Patterson,
and unanimously carried, the full
reading of ordinances and resolutions, the titles of which appeared on the public
agenda, was waived.
ORD. NS-1121 ORDINANCE NS-1121 AMENDING
STREET IMPROVEMENTS SECTION 33-41 ARTICLE II OF
CHAPTER 33 OF THE SANTA
ANA MUNICIPAL CODE RELATING TO COSTS OF STREET IMPROVEMENTS -
ESTABLISHING was adopted, on motion of Councilman Patterson, seconded by
Councilman Yamamoto, and carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Yamamoto, Villa, Griset
Evans, Herrin, Markel
None
ORD. NS-1123 ORDINANCE N$~1123 AN
ALCOHOLIC BEVERAGE ORDINANCE /gF THE CITY
LICENSE APPLICATIONS COUNCIL OF THE CITY OF
SANTA ANA- I~EPEALING,
RENUMBERING, AMENDING, AND ADDING TO, PORTIONS OF CHAPTER 41
OF SAID CODE TO REQUIRE MINOR EXCEPTION PERMIT IN PLACE OF
CONDITIONAL USE PERMITS FOR ESTABLISHMENTS SELLING LIQUOR OR
BEER FOR CONSUMPTION ON THE PREMISES WHICH ARE TO BE LOCATED
OR OPERATED WITHIN THREE HUNDRED FEET OF ANY PROPERTY ZONED
OR USED FOR RESIDENTIAL OR AGRICULTURAL PURPOSES was passed to second
reading on motion of Councilman Herrin, seconded by Councilmar~atterson, and
carried on a 6 - 1 vote, Councilman Yamamoto voting NO~' -
ORD. NS-1125 ORDINANCE NS~1125, AN
A.A. #692 ORDINANCE O~F THE CITY
HARVEY L. BEAR COUNCIL OF THE CITY OF
SANTA ANA Alqt~ROVING
AMENDMENT APPLICATION #692 FILED BY HARVEY L~ BEAR CHANGING
ZONING CLASSIFICATION FROM R 1 TO R 1-PRD AND AMENDING SECTIONAL
DISTRICT MAP 35-5-10 (EXHIBIT A.A. 692-B) was passed to second reading on
motion of Councilman Herrin, secnnded by Councilman Evans, and unanimously
carried.
CITY COUNCIL MINUTES
-Z61- /ULY 3, 1972
ORD. NS-11Z6 ORDINANCE NS-11Z6, AN
A.A. #699 ORDINANCE OF THE CITY
MONTEREY PARK LAND CORP. COUNCIL OF THE CITY OF
SANTA ANA AI~PROVING
Ai~ENDMENT APPLICATION #699 FILED BY MONTEREY PARK LAND
CORPORATION TO REZONE FROM M 1 TO R 1-PRD AND AMENDING
SECTIONAL DISTRICT MAP 26-5-10 (EXHIBIT A,A. #699-B) was passed
to second reading on motion of Councilman Herrin, seconded by Councilman
Evans, and unanimously carried.
ORD. NS-11Z7 ORDINANCE I~S~llZT, AN
A.A. #701 ORDINANCE OF THE CITY
DONALD R. AND NANCY A. SKJERVEN COUNCIL OF THE CITY OF
SANTA ANA CI-h%-NGING
ZONING CLASSIFICATION ON A/VIENDMENT APPLICATION #70t FILED BY
DONALD R. AND NANCY A. SKJERVEN AND AMENDING DISTRICT MAP
16-5-10 (EXHIBIT A.A. 701-B),was passed to second reading on motion of
Councilman Herrin, seconded by Councilman Patterson, -an~i unanimously carried.
ORD. NS-1128 ORDINANCE NS-1128, AN
A.A. #70Z ORDINANCE OF THE CITY
LYLE B. MITCHELL COUNCIL OF ~HE CITY OF
SANTA ANA APi~ROVING
A/VlENDMENT APPLICATION #70~ FILED BY LYLE B. MITCH'ELL CHANGING
ZONING CLASSIFICATION FROM A 1 TO C 5 AND AMENDING SECTIONAL
DISTRICT MAP 17-5-9 (EXHIBIT A.A. 702-B), was passed to second reading
on motibn o~£ Councilman Her rin, seconded by Councilman Patter son, and
unanimously carried.
RES. 72-67 RESOLUTIOI'$ 72-67,
APPEAL #Z96 RESOLUTION OF THE CITY
SANDPOINTE HOMEOWNERS' ASSN. COUNCIL OF TI~E CITY OF
SANTA ANA DENYING APPEAL
#296 FILED BY SANDPOINTE HOMEOWNERS' ASSOCIATION' A/ND UPHOLDING
THE DECISION OF THE PLANNING COMMISSION GRANTING VARIANCE
APPLICATION 72-10 FILED BY ROBERT H. GRANT CORPORATION was
ratified on motion of Councilman Villa, seconded by Councilman Patterson,
and carried on a 6 - I vote, Councilman Yamamoto dissenting.
RES. 72-70 Councilman Evans requested
APPEAL #305 an opinion from the City Attorney
JERRY M. PATTERSON as to a possible conflict of
interest in connection with
Variance Application 72-5 based on the fact that at some date in_f~he past the
company by which Mr. Evans is employed handled title orders for Segerstrom &
Sons, stating that they have no title order on this particular property. The
City Attorney stated there was no conflict of interest.
RESOLUTION 72-70 OF THE CITY COUNCIL OF SANTA ANA OVERRULING THE
DECISION OF THE PLANNING COMMISSION AND GRANTING APPEAL #305
FILED BY JERRY M. PATTEiISON AND DENYING VARIANCE APPLICATION
72-5 FILED BY HARVEY BEAR{ was adopted on motion of Councilman Patterson,
seconded by Councilman Evans, and carried on a 5 - 2 vote, Councilmen Villa
and Herrin voting NO.
CITY COUNCIL MINUTES
-Z6Z-
JULY 3, 1972
RES. 72-71 RESOLUTIOI~ 7~-71 OF THE
BEAR/RAITT ALIGNMENT CITY OF~JANTA ANA AMENDING
THE ARTERIAL STREETS
PORTION OF THE "LAND USE AND ARTERIAL STREETS" ELEMENT OF THE
GENERAL PLAN BY REALIGNING AND EXTENDING BEAR AND RAITT STREETS
was adopted on motion of Councilman I-Ierrin, seconded bF Gouncilman Evans, and
carried on a 5 - 2 vote, Councilmen Yamamoto and Griset die.senting.
RES. 72-72 RESOLUTION 72-72, A
BICYCLE STUDY RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF
SANTA ANA APPROVING THE RECOMMENDATIONS CONTAINED IN THE
ORANGE COUNTY BICYCLE STUDY PREPARED BY THE ORANGE COUNTY
CRIMINAL JUSTICE COUNCIL DATED MARCH 1972 was aeloptad on motion of
Councilman Herrin, seconded by Councilman Evans, and-unanLu~usly carried.
RES. 72-73 RESOLU.TION 7Z-73 OF THE
SELECT STREET SYSTEM CITY COUiNCIL OF THE CITY
OF SANTA ANA RATIFYING ITS
DECISION TO REIMBURSE CERTAIN DEVELOPERS FOR CONSTRUCTION OF
IMPROVEMENTS ON THE SELECT STREET SYSTEM was adopted on motion of
Councilman Villa, seconded by Councilman Patterson, and unanimously carried.
Prior to v6ting, Councilmen Herrin and Evans stated they~would support the
resolution, but are in favor of reimbursing the developers 100%. ~
By general consent of the Council, Agenda Item #45 was postponed until the
evening meeting.
STREET ASSESSMENT On motion of C.ouncilman I~errin,
DISTRICT #215 seconded by Councilman
Patterson, and unanimously
carried, petition and report requesting formation of Assessment District #215
at Maple Street and Columbine Avenue were received and ordered filed, and
staff was authorized to prepare plans and specifications for formation of the
District.
COUNCIL TRAVEL POLICY Mayor Griset-~eta¢ ed that when
the City paid Councilman villa's
round trip fare from New Orleans
in order for him to attend the Council meeting of June 26,~ it was the first time
that the City had paid for a Councilman's transportation to a City,Council meeting;
that he would support this expenditure because Santa Aha Councilmen have an
excellent attendance record, and it would not be necessary often to pay for their
transportation expense; that it could not be authorized by ~the entire Council at
the first meeting in June since it was not known that the Councilman would be away
at that time; that Santa Aha is a major city, and the disposition.of major issues
requires full attendance of the Council; that it was in the best interest of the City
for Councilman Villa to be present at the June 26th mee:ting; an*~ that it would not
have been fair to ask him to bear the burden of his own transportation.
Councilman Herrin stated that he considered the expenditure ~o be improper; and
he asked the City Attorney if there is any provision in the Co(te for a single
member of the Council, or any less than a r~iajority of members, to make a
direction to anyone to make a public expense expenditure. The Attorney replied
that there is no such provision in the Charter; that the Council acts as a body.
CITY COUNCIL MINUTES
-263- JULY 3, 1972
COUNCIL TRAVEL POLICY - (Continued}
Councilman tterrin then stated that when he inquired as to the procedure followed
in authorizing the expenditure, he was informed that one member of the Council
gave direction to make necessary arrangements to have a member of the Council
llown here for the Council meeting and then conveyed back to the airport; that
the City had already paid the round trip expenses of those attending the Mayor's
Conference; that he would challenge the fact that the bus issue was of major concern
and that it could not have been continued and acted upon at the next regular meeting;
that certain members of the Council wanted to be certain that their position should
prevail when the meeting was held, and that they arbltrarily made the decision in
this matter; that the Clerk of the Coun'cil needs to have clarification as to how she
may be governed in such matters in the future~
Councilman Patterson agreed that a policy should be established to guide Staff. He
stated that he had urged Councilman Villa to return to Santa Aha for the meeting and
had requested the Clerk to make the necessary arrangements. He added that the
Council performs essential governmental services; that the expense was small in
comparison to the value of having every Councilman present; that he ~ould be willing
to reimburse the City for the expense involved but he would do so reluctantly and
with personal animosity.
Councilman Markel stated that the fact that the City was "big business" should not
result in less concern over its expenditures.
Councilman Yamamoto stated that a full Council is of utmost importance in the
conduct of City business.
Councilman Evans stated that the Council members should have been consulted
by telephone on the issue of the trip and the bus contract.
Councilman Villa stated that the main interest of every Councilman is the best
good for the City and its citizens; that time was of the &:ssenc~ in the matter of the
bus contract; and that it is the main issue; not the $300 trip expense.
Mrs. Janice Boer, 912 N. Lowell, also spoke against the expenditure for Council-
man Villa's attendance at the meeting.
A motion by Councilman Herrin, to disallow the expenditure for Councilman Villa's
round trip air fare to and from New Orleans to attend the Council meeting on June
26, was seconded hy Councilman Evans. The motion failed on the following roll
call vote:
AYES: H~rrin, Ma~kel
NOES: Evans, Griset,
ABSTAINED: Villa
ABSENT: None
Yamamoto, Patterson
Prior to voting on the motion the City Attorney advised that Council should determine
if the expenditure was for a public purpose; that funds for Council tragel are d~eposit-ed
in a City account for that purpose; that the motion would not be proper unless it was
determined that the Clerk has no authority to pay for reasonable travel expenses.
CITY COUNCIL MINUTES
-264- JULY 3, 1972
COUNCIL TRAVEL POLICY . (Coniinued)
Councilman Herrin stated his point was that Councilman Villa had concluded his
public-purpose business and was on vacation when he flew back to Santa A_ua.
The City Attorney stated that the issue to be determined is whether or not the
expense was for a public purpose.
Mayor Griset suggested thai Councilman Villa might need to abe-gain from voting
on the motion by reason of a conflict of interest. Councilman Villa requested
the Council to decide the issue of whether or not he should participate in the
vote. A poll' of the Council by the Mayor resulted in Councilman Villa abstaining
himself from the vote and further discussion on the matter.
Councilman Evans stated that based on the City Attorney's statements, he would
oppose the motion rather than impugn the integrity of the City C1erko'~
RECESS At 5:45 PoM., .the meeting was
recessed to 7:30 P.M., at which
time it was reconvened with all
Council members present. Following the Pledge of Allegiance to the Flag, the
Invocation was given by the Reverend Leslie Zimmerman o£ Goodwill Industries.
SPECIAL ORDER OF THE DAY
The Mayor presented plaques
in appreciation of service to
the City to:
Mrs. Sadie Reid, who served on the Human Relations Commission
for the past two years, and has also managed the Day Care Center
on West First Street for four years. Mrs. Reid declined another
term on the Human Relations Commission due to other commitments.
Mr. John Schilling for service rendered as a member of ~he Santa
Ama Planning Commission. Mr. Schilling was elected to the School
Board and requested that he not be re-appointed to the Planning
Commission.
Not present tO r&ceive pl. aque~ or certificates of appreciation were the
following:
Mr. Gordon Bricken who served two terms on the Planning Commission.
Mr. Alex Miller who served two years on the Library Board.
Mr. William Stauffer who served on the Personnel Board for many years.
Mr. Don Ventura who served on the Human Relations Commission.
At the request of the Mayor, the Clerk of the Council swore into office the
following persons:
Mr. Everett Winters, Planning Commission
Mrs. Jean Ankrum, Planning Commission
Mrs. Ginger Yates, Library Board
Mrs. Ra~ Arroyo, Human Relations Commission
CITY COUNCIL MINUTES -Z65- JULY 3, 197Z
AMENDMENT APPLICATION #703 The Director of Planning stated
that An~ench~ent Application #703
filed by the Santa Ana Planning
Commission to rezone property on the south side of First Street, between
Newhope Street and the Orange County Flood Control Channel, from the R 1 and
C 2 Districts to the C 5 District was initiated to bring this property to the same
zoning as certain parcels adjacent to it; that C 5 is a more restrictive zone,
designated for arterials; that it permits most of the uses allowable in C 2,
however, prohibits uses such as sheet metal shops, automobile repair garages,
etc.; that it also requires the filing of a plot plan with the Planning Department;
and that staff and the Planning Commission recommend rezoning of this property
toC 5.
The Mayor opened the public hearing on Amendment Application #703. There
were no proponents or opponents in the matter, and the public hearing was closed
on motion of Councilman Villa, seconded by Councilman Patterson, and
unanimously carried.
Councilman Evans' motions seconded by Councilman Villa, to approve Amendment
Application #703 and instruct the City Attorney to prepare an ordinance rezoning
the property from the R 1 and C 2 Districts to the C 5 District, carried on the
following roll call vote:
AYES:
NOES:
ABSENT:
Evans, Villa, Herrin, Griset, Yamamoto, Patterson, Markel
None
None
PRESENTATION OF The Mayor announced that Mrs.
CERTIFICATE Alexander Miller was in the
audience. Mrs. Miller accepted
a Certificate of Appreciationonbehalf of her husband for his service on the
Santa Ama Library Board.
AMENDMENT APPLICATION #704 The Director of Planning stated
that Amendment Application #704
filed by the Santa Ana Planning
Commission to rezone the properties on the south side of Segerstrom Avenue,
between an extension of Raitt Street and the City reservoir site, from the M 1
District to the R 1-PRD District is within the Warner-South area; that an approved
variance for a mobile home park on this property expired in January, I97Z; that
pursuant to Council policy and Warner South Plan A the recommendation of the
staff and the Planning Commission is for rezoning from M 1 to R 1-PRD.
The Mayor opened the public hearing on Amendment Application #704. There
were no proponents or opponents in the matter, and the public hearing was closed
on motion of Councilman Villa, seconded by Councilman Patterson, and
unanimously carried.
Councilman Villa stated that about a year ago all of this area was zoned A 1
and Council policy was to rezone it to M l; that if this Amendment Application
is approved, it will establish the precedent of changing the area from industrial
to residential; that if this is what the Council wishes, he is for it; but that others
will be requesting rezoning of their property in conformance with the General
Plan, which calls for industrial; that he doesn't want the same thing happening
here as in the Logan area; and that residential and industrial cannot be intermingled.
CITY COUNCIL MINUTES -266- JULY 3, 1972
AMENDMENT APPLICATION //704 - (Continued)
The Mayor stated that this area is a residue of an M 1 designation which extended
after the Burroughs Corporation bought the property at the southwest corner of
Warner and Bristol; that all of the area except this one property has been rezoned
and developed R 1, and it would, therefore, he consistent to rezone it to R lkpRD.
Councilman Herrin's motion, seconded by Councilman Yamamoto, to approve
Amendment Application #?04 and instruct the City Attorney to prepare an ordinance
rezoning the properties from the M 1 District to the R 1-PRD District, carried
on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Yamamoto, Villa, Griset, Patterson, Markel
Evans
None
APPEAL #306 The Mayor stated that a written
VA 72-46 request ha~t been received from
SUBURBIA, INC. the applicant to continue to the
regular meeting of July 17, 1972,
the public hearing on Appeal #306, filed by Suburbia, Inc., appealing the
Planning Commission's denial of VA ?2-46 to construct a 24~unit apartment
development in the R g District at 806 - 814 So Cypress°
Councilman Evans was opposed to the continuance since a similar request had not
been allowed at a previous meeting° Mayor Griset stated that there was a
significant difference; that at the previous meeting there were many people present
who were interested in hearing the matter; and that in this instance, when he
requested an indication of interest from the audience, there was no one present to
speak in favor of or in opposition to this matter.
Councilman Patterson stated that he is opposed to granting continuances of public
hearings without good reason; that more justification than "out of the area" is
required for continuation.
Councilman Herrin stated that if a public hearing is set and interested people
are present, there should be a very definite reason established for continuance.
Councilman Vi!la's motion, seconded by Councilman Markel, to continue the
public hearing on Appeal #306 filed by Suburbia, Inc., to July t7, 1972, carried
on the following roll call vote:
AYES:
NOES:
ABSENT:
Villa, Markel, Herrin, Griset, Yamamoto
Evans, Patterson
None
SERVICE STATION Councilman Herrin stated he
ENFORCEMENT PROGRAM requested a report from staff
because he had received a
large number of calls from service station operators with regard to what they
considered to be considerable harassment from the inspector responsible for
this matter; that during the surveillance which has been in effect in recent
months, a great many people in this business have been told that they could not,
under any circumstance, display any merchandise outside of the building, that
CITY COUNCIL MINUTES -267- JULY 3, 1972
SERVICE STATION
ENFORCEMENT PROGRAM - (Continued)
they could not do any work outside of the work bays, and that they could not have
any equipment outside of these bays to be used in the procedure of wheel alignment,
or a rack to lift a car in the air, etc. He stated that there are many lube racks
outside, with no cover, that have been there for a great many years; that,
according to an arti'cle from "Fortune" Magazine, the major oil companies have
complete control from the well to the gasoline pump; that he recognizes that the
oil depletion allowances and taxes written into the whole make-up of service
station operation are unjust and have created a bad situation; that if government
is given control over the number of service stations that may be opened in a
community, it will open the door for control of other business as well; that service
stations in various parts of the city have complied with the ordinance controlling
display of merchandise on public property; that it is almost impossible to enforce
an ordinance which says you can't display merchandise outside of a building on
your own property; and that if you are not going to enforce it to the letter, then it
becomes a matter of by whose opinion and to what degree. He further stated that
he is not opposed to the City having a public relations man talking to people and
trying to encourage them voluntarily to cooperate, but he is opposed to telling
them they must comply or complaints will be filed against them by the City.
The Mayor stated that it was his understanding that the staff had tried to enforce
the ordinance by encouraging cooperation and that they had obtained approximately
90% response.
Councilman Villa pointed out that many controls are imposed by Council, such as
number of dwelling units per acre, etc.; that there is no control over service
stations; that they can go up any place without a variance; that because of the oil
depletion allowance, companies buy the property, set up a station, it is closed,
and someone else leases it; that there are at least an equal number of gas
stations that are closed as are open; and that the sign ordinance applies to
everybody, restrictions apply to everybody°
Councilman Patterson suggested that there should be some type of Use Permit to
control service stations. The Director of Planning stated that the Planning
Commission had held hearings on a service station ordinance for some time, but
that it had not been given consideration recently; that there is no ordinance that
exclusively regulates service stations; that the City derives its authority to limit
ac'tlvities under the "Operational Standards" section of the ordinance, which is
applied to other businesses as well as service stations.
Councilman Patterson stated that he believed a Use Permit procedure for service
stations should be instituted; that oil companies should be required to assure the
Council that they have no abandoned stations in the City before they could receive
approval for a new one; that he would be opposed to control of minor violations
such as changing a tire in the open; but that major repairs and display of signs
should be controlled.
CITY COUNCIL MINUTES -268- JULY 3, 1972
SERVICE STATION
ENFORCEMENT PROGRAM - (Continuedl
The Planning Director stated that his staff has been very patient, has worked for
many weeks with the people and given them every chance to comply; that it is a
matter of interpretation of the ordinance; that the only activity allowed in the
open is normal pump island activity.
Referring to the over-supply of service stations, Counci/man Herrin stated that
he has also noted an over-supply of office space; that if a procedure is adopted
to apply against service stations, by the same thinking, it must apply to all
other businesses.
Councilman Villa's motion, seconded by Councilman Herrin, to receive and file
the staff report on the Service Station Enforcement Program, was unanimously
carried.
SOUTHWEST COMMUNITY The Mayor s~ated that he has
YOUTH COUNCIL been working closely with the
Southwest Community Youth
Council which has been occupying St. Luke's Methodist Church, serving
breakfast and lunch to disadvantaged young people in the area; that by reason
of the fact that the church needs a certain amount of income to take care of
their mortgage payments, etc., they have not been able to meet the need of the
church; and that he was requesting permission to rent the church on a month to
month basis for $Z50.00 a month, with either party being able to cancel at any
time.
Councilman Herrin suggested such action might set a precedent for other groups
to make similar requests. Councilman Villa asked if the property would be used
for all citizens or only for one group; the Mayor stated it would be under
Recreation Department control.
The Acting City Manager stated that the City has been negotiating with the church
for some time to purchase the property for a multi-purpose center; that the
church is ready to sell, but the City does not have the money; that in the new
budget -- in the critical, unfunded list -- there is the money for the first year
payment of a six year buy-out; that the facility has classrooms, kitchen facilities,
and lends itself to the suggested use very well; and that it is in a needy area
which could use this type of service.
Councilman Yamamoto's motion, seconded by Councilman Patterson, ix) approve
a month-to-month lease for City rental of the premises located at 2215 V/.
Mc Fadden Avenue, at $250.00 per month for use Of the Southwest Community
Youth Council, under the supervision of the Recreation Department carried on
a 4 - 3 vote, Councilmen Herrin, Evans, and Markel dissenting.
CITY COUNCIL MINUTES
-269- JULY 3, 1972
ADJOURNMENT The meeting was declared
adjourned at 8:50 P.M.
Florence I. Malone
Clerk of the Council
CITY COUNCIL MINUTES -ZT0- JULY 3, 1972