HomeMy WebLinkAbout07-17-1972MINUTES OF THE ADJOURNED REGULAR MEETING
OF THE CITY COUNCIL OF THE
CI, TY OF SANTA ANA, CALIFORNIA
July 17, 1972
An Adjourned Regular Meeting of the City Council of the City of Santa Ana was
convened at 12:10 P.M., in the City Hall Annex, 530 North Ross Street.
Affidavits of proper Notice and Posting of the meeting were on file with the
Clerk of the Council. The following Councilmen were present: Ray Villa,
Vernon S. Evans, Wade Herrin, Harry K. Yarnamoto, Jerry M. Patterson,
J. Ogden Markel, and Mayor Lorin Griset. Also present were Acting City
Manager Bruce C. Spragg, City Attorney James A. Withers, Assistant to
the City Manager G. David Tayco, Clerk of the Council Florence I. Malone,
and a representative of the Press.
CITY ATTORNEY The Council continued its review
1972 - 73 BUDGET ALLOCATION of the City Attorney's proposed
budget request. The Mayor stated
that the Attorney's budget has been proposed and funded for $190,935 for the
1972 - 73 fiscal year; that an additional $31,000, representing two more
Deputy City Attorney II positions were requested, but not funded.
Mr. Withers distributed a memorandum to Council dated July 14, outlining
a comparison of the actual expenditures of his office for fiscal year 1971 - 72
of $116,485, and the budgeted need of $190,935 for fiscal year 197Z - 73,
compared with the workload, actual and estimated for 1971 and 1972. He
stated that very little time is devoted to condemnations; that most of them
are settled without going to court; and that outside legal assistance would be
sought only when necessary.
Councilman Yamamoto's motion to approve the Attorney's budget in the amount
of $190,935 and to authorize in addition one Deputy City Attorney II, was
seconded by Councilman Villa. The motion failed on the following roll call
vote:
AYES: Yamamoto, Villa
NOES: Evans, Herrin, Grlset, Patterson, Markel
ABSENT: None
BUDGET PERSONNEL REQUESTS
for Labor Relations and a Senior Planner.
Councilman Evans stated that he
was opposed to the inclusion in the
budget of an Administrative Aide
FIRST STREET WIDENING Councilman Markel distributed a
EAST OF CYPRESS STREET letter to the Council dated July 17
regarding the First Street widening
east of Cypress Street, recommending a comprehensive study of the matter in
the near future. Councilman Markel stated that he would like some serious
consideration given to the completion of the project of widening First Street
on both sides from Cypress to Cedar after the City Manager and Public Works
Director have worked on the plan; and that funds for the project could come
from the parking meter, cash flow, and gas tax funds.
CITY COUNCIL MINUTES -275- JULY 17, 1972
FIRST STREET WIDENING The Acting City Manager reported
EAST OF CYPRESS STREET (Cont.) that it would be impossible to make
a change in this year's budget to
allocate Gas Tax funds to the First Street widening project; that the Parking
Meter funds theoretically are available, but that the cash flow situation is
committed funds which are only temporarily available for investment.
1972 - 73 PROPOSED BUDGET Mr. Spragg also reported that the
NET ADDITIONAL FUNDS revised amount of the net additional
funds available is now $835,000,
not $747,190 as reported at the July 11 meeting, and referred to his report on
the revised Preliminary Budget dated July 12, 1972.
AD JO URNMENT
seconded by Councilman Evans.
At 1:50 P.M., the meeting was
adjourned on the unanimously
carried motion of Councilman Villa,
Florence I. Malone
Clerk of the Council
CITY COUNCIL MINUTES -Z76- JULY 17, 1972
EXECUTIVE SESSION (Continued) At 2:35 P .M., Councilman Markel
returned to the meeting, which was
recessed to the Executive Session.
The meeting reconvened at 3:45 P.M. with all Councilmen present°
On motion of Councilman Herrin, seconded by Councilman Villa, and
unanimously carried, Mr. Lonnie Moore, 1418 Carriage Drive, Santa Aha, was
appointed to fill the vacancy on the Human Relations Commission created when
Mrs. Ernestine Ransom advised Council she would be unable to accept the
appointment.
CONSENT CALENDAR The following Agenda items were
removed from the Consent Calendar:
Items 1-C and 3-A requested by
Councilman Herrin; Items 5-C, D and G, and 7-A and B requested by Council-
man Yamamoto; Items 1-A and B requested by Councilman Markel; and Item 11
requested by Mr. Jack Hall.
On motion of Councilman Herrin, seconded by Councilman Patterson, and
unanimously carried, Council affirmed the recommended action on the follow-
ing Consent Calendar items:
TRAFFIC Received and ordered filed report
of control devices removed or
installed June 28 through July 11, 1972, inclusive.
ALCOHOLIC BEVERAGE
LICENSE APPLICATIONS
Received and ordered filed the
following Alcoholic Beverage License
applications:
VALLEY CENTER LIQUOR, 5125 W. Edinger, Off Sale General,
Person to Person Transfer;
GEORGE'S MARKET, 601S. Van Ness, Off Sale Beer & Wine,
Person to Person Transfer;
LUNA'S MEXICAN RESTAURANT, 1112 N. Harbor, On Sale Beer
& Wine, Person to Person Transfer;
BONANZA SIRLOIN PIT, llZ0 W. 17th Street, On Sale Beer & Wine,
Person to Person Transfer;
FOODS OF THE ORIENT, 1212 S. Bristol, Unit #6, Off Sale Beer
& Wine, Original.
SOLICITATION APPLICATION
Approved the following application:
NATIONAL CYSTIC FIBROSIS RESEARCH FOUNDATION, Orange
County Chapter, 1784 W. Lincoln, Anaheim; door-to-door solicita-
tion; public education, medical dissemination, etc., at Children's
Hospital of Orange County; August 15 to September 15, 1972.
VARIANCES AND
CONDITIONAL USE PERIVIITS
Received and ordered filed the
following applications:
VA 72-48, RICHARD L. AND DONNA J. DYER - To construct
room addition which will create a five foot rear yard in the
1 District at 2728 Mar Les Lane; APPROVED.
CITY COUNCIL MINUTES -278- JULY 17, 1972
CONSENT CALENDAR (Continued)
VARIANCES AND CONDITIONAL USE PERMITS (Continued)
CUP 72-14, SECOND BAPTIST CHURCH - To allow a day
nursery school in an existing church in the R 3 District at
900 S. Raitt Street; APPROVED.
DEEDS, NO CASH Received and ordered filed a
GRANTEE, CITY report of No-Cash Deeds accepted
by the City Manager, pursuant to
Resolution #69-156, from June 28 through July 11, 1972, inclusive.
TENTATIVE PARCEL/TRACT Approved the following maps,
MAPS subject to conditions contained
in Planning Director' s report,
and waived the alley requirement for Parcel Map #758:
TENTATIVE PARCEL MAP #758 - Filed by Marotta Scientific
Controls creating three (3) R 1 and M 1 parcels for industrial use
(bakery exists on Parcel 3), located generally on the east side of
Standard Avenue, 357 feet south of St. Gertrude Place; waiver of
alley requirement.
TENTATIVE TRACT MAP #7655 - Filed by the City of Santa Aha
creating sixty-two (62) A 1 lots for residential purposes located
generally north of Segerstrom Avenue, east of Raitt Street.
COMPLETION OF IMPROVEMENTS
Authorized release of performance,
monument, labor and material
bonds on the following:
TRACT 4236 - Twentieth Street and Millwood Street
TRACT 6702 - Aurora Avenue and Patton Street
TRACT 6745 - Juniper Avenue and Patton Street
TRACT 7002 - MacArthur Boulevard and Birch Street
TRACT 7086 - Columbine Avenue and Sycamore Street
TRACT 7517 - Segerstrom Avenue and Townsend Street
REIMBURSEMENTS
Authorized the following reimburse-
ments:
EARL DEVELOPMENT CORP., for street improvements on the
south side of 17th Street from Mabury Street to Cabrillo Park
Drive in exchange for ultimate dedication, in the amount of
$3,732.88.
STANDARD PACIFIC, for street improvements on the south
side of Segerstrom Avenue from Raitt Street to 736 feet west in
exchange for ultimate dedication, in the amount of $754.82.
E. R. ALLISON, for street improvements on the east side of
Grand Avenue from 748 feet to 958 feet north of Seventeenth
Street in exchange for ultimate dedication on Grand Avenue, in
the amount of $1,329.72.
CITY COUNCIL MINUTES' -~79= JULY 17, 1972
CONSENT CALENDAR (Continued)
SURPLUS PROPERTY
Declared the following property
surplus, and authorized its demoli-
tion if not sold within 60 days:
SURPLUS PROPERTY REPORT #72-22 for improvements
located at 318=3Z0 W. Seventeenth Street, acquired in connection
with Project 1267, Section IV - Seventeenth Street from Broadway
to Ross Street.
**************CONSENT CALENDAR FINIS******************
BID CALLS On motion of Councilman Evans,
seconded by Councilman Herrin, and
carried on a 6 - 1 vote, Councilman
Markel voting NO, Council approved plans and specifications and authorized
advertisement for bids on the following:
PROJECT 2027 - Repair and sealing of sidewalk coating on Fourth
Street from Ross Street to Spurgeon Street; opening date August 11,
1972 at 2:00 P.M.
Prior to voting, Councilman Markel stated he was opposed to this project; that
the condition will require more than just a coating; that this is a hazardous job
and it will be sending good money after bad.
In response.to Councilman Markel's question concerning a swimming pool fence
to be constructed at Santa Anita Park, the Acting City ~vfaDiger sta~ed thai / .
the five foot fence presently enclosing the pool is too low; that children climb
the fence to swim in the pool when it is unattended; and that staff felt that a
higher fence is a safety factor.
On motion of Councilman Herrin, seconded by Councilman Patterson, and
carried on a 6 - 1 vote, Councilman Markel dissenting, plans and specifica-
tions were approved and advertisement for bids authorized on the following:
PROJECT 6065 - Construct swimming pool fence extension at Santa
Anita Park (fun~s encumbered from FY 71-72 to raise height of
ornamental fenc~ from 5 feet to 8 feet as a safety factor in lieu of
i pool cover); opening date August 11, 1972, 2:00 P.M.
Plans and specifications were approved and advertisement for bids was author-
ized on the following project, on motion of Councilman Patterson, seconded by
Councilman Yamamoto, and carried on a 4 - 3 vote, Councilmen Evans, Herrin
and Markel dissenting:
TOPICS PROJECT NO. EHS T-3041 (146) - Traffic signal modifications
at: Fifth Street and Harbor Boulevard, First Street and Harbor
Boulevard, %Varner Avenue and Harbor Boulevard, First Street and'
Bristol Street, Grand Avenue and Edinger Avenue; opening date
August 15, 1972 at 2:00 P.M.
CITY COUNCIL MINUTES
-280-
JULY 17, 1972
AGREEMENT Councilman Patter son' s motion,
seconded by Councilman Yamamoto ~
to approve the agreement between
the City and the Orange ~ounty Transit District to transfer the Bus System to
the County, was approve~d and its execution by the Mayor and Clerk was author-
ized, on motion of Councilman Patterson, seconded by Councilman Yamamoto,
and carried on the following roll call vote:
AMES: Patterson, Yamamotoi, Villa, Griset
NOES: Evans, Herrin, Markel
ABSENT: None
Councilman Herrin's motion, seconded by Councilman Evans, to reconsider
Agenda Item ~4, l~eport of Control Devices removed or installed, was unani-
mously carried.
TRAFFIC Mr. Rudy Murietta, who owns a
business at First and Standard,
stated that he was opposed to the
installation of "Right Turn Only" signs facing northbound and southbound
traffic at this intersection; that it would be harmful to their business; that per-
haps there is another way of handling the problem, such as installing a traffic
signal.
In response to a question from the MaYor, the Assistant Director of Public
Works stated that when First Street is Widened, a physical barrier will be
placed across Standard; that the underpass just east of Standard is designed for
two lanes of traffic in each direction, which requires getting six lanes of traffic
into four lanes; that in order to do this in a safe manner, side friction must be
eliminated.
Councilman Markel stated that the City should be planning to open up streets,
not close them off; that perhaps the problem could be eased if Standard were
widened from Chestnut to First Street at the time consideration is given to
widening East First Street.
Councilman Patterson stated that it is a bad intersection and it is unfortunate
that people will have to go an extra block to make the turn, but that he could
see no other solution.
Councilman Evans' motion, seconded by Councilman Herrin, to receive and
file the report of control devices removed or installed~ June 28 through July 11,
1972, inclusive~ carried on a 6 - 1 vote, Councilman Villa voting NO.
ALCOHOLIC BEVEI~AGE Councilman Yamamoto stated that he
LICENSE APPLICATIONS understood the Police had withdrawn
their recommendation for protest
against the Santa Ana Liquor, based on a comparison of the number of incidents
as against the number of business locations of the operators. Councilman
Yamamoto's motion, seconded by Councilman Evans, to instruct the City
Attorney to file a protest with the Alcoholic Beverage Control Board on the
application of Santa Ana Liquor, 1430 W. First Street, failed to carry on the
following roll call vote:
CITY COUNCIL MINUTES
-281-
JULY 17, 1972
ALCOHOLIC BEVERAGE LICENSE APPLICATIONS (Continued)
AYES:
NOES:
ABSENT:
Villa, Griset, Markel
Yamamo/o, Evans, Herrin, Patterson
None
In discussion, it was stated that the applicants operate 44 stores, and since
1965 have had seven violations; that the present operator has had two or
three violations overthe same period of time with only one store. Council-
man Villa stated that the number of stores operated should have no effect;
that if there has been a violation, a protest should be lodged.
On motion of Councilman Evans, seconded by Councilman Patterson, and
unanimously carried, Council received and ordered filed the following
application for Alcoholic Beverage License:
SANTA ANA LIQUOR, 1430 W. First Street, Off Sale General,
Person to Person Transfer.
On motion of Councilman Herrin, seconded by Councilman Evans, and
carried on a 6 - 1 vote, Councilman Yamamoto dissenting, the following
applications were received and filed:
THE RED TURTLE, 1019 S. Fairview, On Sale General, Person
to Person Transfer.
TREIMER, THOMAS H., 308 N. Euclid, On Sale Beer, Person
to Person Transfer.
VARIANCES AND Councilman Herrin's motion to
CONDITIONAL USE PERMITS receive and file the following
Variance Application was seconded
by Councilman Markel, and carried on the following roll call vote:
VA 72-51, INON INC. - To allow replacement of an existing
pole sign which is less than 300 feet from another sign on the
same property in the C 2 and M 1 Districts at 1502 Em First
Street; APPROVED.
AYES:
NOES:
ABSENT:
Herrin, Markel, Villa, Evans, Griset
Yamamoto, Patterson
None
VA 72-42 Councilman Yamamoto stated that
MARTIN TREVINO this Variance Application concerns
moving a building and asked if any
time limit had been placed on the move. The City Attorney stated there was
none except the time to employ a variance.
After discussion, Councilman Herrin's motion, seconded by Councilman Evans,
to receive and file VA 72-42, failed on a 6 -1 vote, Councilman Evans voting
AYE.
CITY COUNCIL MINUTES
-Z82-
JULY 17, 1972
VA 72-42 (Continued) On motion of Councilman Patterson,
MARTIN TREVINO seconded by Councilman Villa, and
unanimously carried, the following
matter was set for public hearing on August 7, 1972:
VA 72-42, MARTIN TREVINO - To relocate four duplexes into an
R 2 parcel containing more than 1/2 acre of land area in the R 2
District at 918 N. Bewley; APPROVED.
and to refer to staff for recommendation as to a reasonable completion time
limit to be imposed in connection with moving buildings.
FINAL TRACT MAP #7642 Referring to the policy set by Council
on June Z6, 197Z, for 50% reimburse-
ment on certain street projects in
progress, Mr. Jack Hall, 2530 N. Glassell, requested that the development in
connection with Tract #7642 located north of McFadden Avenue and west of
Euclid Street, be included on the reimbursement list; that according to the
subdivision ordinance still in effect, the City is required to reimburse the
developer for any over-sizing of a particular street; that he had not received a
letter put out by the Public Works Department describing the City's street
improvement policy; however, he acknowledged it might have gone to the pro-
perty owner.
The Acting City Manager stated that the list prepared by staff and approved by
Council included projects on which the street permits had been issued; that if an
exception is made in this case, there undoubtedly would be more applications for
approval; and that funds have not been budgeted for this purpose.
Councilman Herrin stated that the determination should not be made on whether
or not the money is available, but on whether the City has a responsibility to
perform; that it is unfair to choose lZ firms to be paid; and that the concept of
the original program was good.
Councilman Patterson stated that there are not sufficient funds for this reim-
bursement, and that no other city reimburses on this type of development; that
the street permit was obtained after June Z6th, which was the deadline for
consideration of reimbursement.
On motion of Councilman Villa, seconded by Councilman Patterson, and
unanimously carried, the following map was approved, dedications and bonds
were accepted, and execution of the subdivision agreement was authorized:
FINAL TRACT IvtAP #7642 - North of McFadden Avenue and west
of Euclid Street, ten (10) lots.
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 appear on the public
Agenda, was waived.
CITY COUNCIL 1VLINUTES -283- JULY 17, 1972
ORD. NS-11Z3 ORDINANCE NS-11Z3 - AN ORDINAN CE
ALCOHOLIC BEVERAGE OF THE CITY COUNCIL OF THE CITY
LICENSE APPLICATIONS OF SANTA ANA REPEALING,
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 adopted on motion of Councilman Herrin,
seconded by Councilman Evans, and carried on the following roll call vote:
AY ES:
NOES:
ABSENT:
Herrin, Evans, Villa, Griset, Patterson, Markel
Yamamoto
None
ORD. NS-11Z5 ORDINANCE NS-11Z5, AN ORDINANCE
A.A. #692 OF THE CITY COUNCil, OF THE CITY
HARVEY L. BEAR OF SANTA ANA APPROVING AMEND-
MENT APPLICATION #692 FILED BY
HARVEY L. BEAR CtLKNGING ZONING CLASSIFICATION FROM R 1 TO R 1-PRD
AND AMENDING SECTIONAL DISTRICT /vLAp 35-5-10 (EXHIBIT A.Ao 69Z-B), was
adopted on motion of Councilman Herrin, seconded by Councilman Evans, and
carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Villa, Griset, Yamamoto, Patterson, Markel
None
None
ORD. NS-11Z6 ORDINANCE NS-1126, AN ORDINANCE
A.A. #699 OF THE CITY COUNCIL OF THE CITY
MONTEREY PARK LAND CORP. OF SANTA ANA APPROVING AMEND-
MENT 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
adopted on motion of Councilman Herrin, seconded by Councilman Evans, and
carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Villa, Griset, Yamamoto, Patterson, Markel
None
None
ORD. NS-11Z7 ORDINANCE NS-1127, AN ORDINANCE
A.A. #701 OF THE CITY COUNCIL OF THE CITY
DONALD R. & NANCY A. SKJERVEN OF SANTA ANA CHANGING ZONING
CLASSIFICATION ON AMENDMENT
APPLICATION #701 FILED BY DONALD R. AND NANCY A. SKJERVEN AND
AMENDING DISTRICT MAP 16-5-10 (EXHIBIT A.A. 701-B) was adopted on
motion of Councilman Herrin, seconded by Councilman Evans, and carried on
the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Villa, Griset, Yamamoto, Patterson, Markel
None
None
CITY COUNCIL MINUTES
-284-
JULY 17, 1972
ORD. NS-1128 ORDINANCE NS-1128, AN ORDINANCE
A.A. ~702 OF THE CITY COUNCIL OF THE CITY
LYLE B. AgITCHELL OF SANTA ANA APPROVING AMEND-
MENT APPLICATION #702 FILED BY
LYLE B. MITCHELL CHANGING ZONING CLASSIFICATION FROM A 1 TO C 5
AND AMENDING SECTIONAL DISTRICT MAP 17-5-9 (EXHIBIT A.A. 702-B) was
adopted on motion of Councilman Herrin, seconded by Councilman Evans, and
carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Villa, Griset, Yamamoto, Patterson, Markel
None
None
ORD. NS-1129
A.A. #703
SANTA ANA PLANNING
COMMISSION
ORDINANCE NS-1129, ORDINANCE OF
THE CITY COUNCIL OF THE CITY
SANTA ANA APPROVING AMEND-
MENT APPLICATION #703 FILED BY
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 AND AMENDING
SECTIONAL DISTRICT MAP 16-5-10 (EXHIBIT A.A. 703-A) was passed to
second reading on motion of Councilman Herrin, seconded by Councilman Evans,
and unanimously carried.
ORD. NS-1130
A.A. #704
SANTA ANA PLANNING
COMMISSION
ORDINANCE NS-1130, ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING AMEND-
MENT APPLICATION ~704 FXLED BY
SANTA ANA PLANNING COMMISSION
TO REZONE PROPERTY 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 AND AMENDING
SECTIONAL DISTRICT MAP g6-5-10 (EXHIBIT A.A. 704-A) was passed to
second reading on motion of Councilman Herrin, seconded by Councilman Patter-
son, and unanimously carried.
ORD. NS-1131 ORDINANCE NS-1131, AN ORDINAN CE
RESIDENTIAL DEVELOPMENT FEES OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING SECTION
35-110 OF THE SANTA ANA MUNICIPAL CODE TO INCREASE RESIDENTIAL
DEVELOPMENT FEES FOR PARK ACQUISITION AND DEVELOPMENT FUNDS
was passed to second reading on motion of Councilman Patterson, seconded by
Councilman Villa, and carried on a 6 - 1 vote, Councilman Evans dissenting.
RES. 72-74 SANTA ANA CITY COUNCIL RESOLU-
RECOVERY OF TAXES TION NO. 72-74 REQUESTING THAT
MOBILEASE CORP. THE COUNTY OF ORANGE DEFEND
THE ACTION FOR THE RECOVERY
OF TAXES PAID UNDER PROTEST FILED BY MOBILEASE CORP., A
CALIFORNIA CORPORATION, AGAINST THE COUNTY OF ORANGE AND THE
CITY OF SANTA ANA, was adopted on motion of Councilman Villa, seconded
by Councilman Patterson, and unanimously carried.
CITY COUN(/L MINUTES -Z85- JULY 17, 1972
RES. 72-75 SANTA ANA CITY COUNCIL RESO-
SOUTHBOUND ON-RAMP, MAIN LUTION 72-75 URGING EARLY
STREET AND SANTA ANA FREEWAY CONSTRUCTION OF THE SOUTH-
BOUND ON-RAMP FROM MAIN
STREET AND BUFFALO AVENUE TO THE SANTA ANA FREEWAY was
adopted on motion of Councilman Villa, seconded by Councilman Patterson,
and carried on a 6 - 1 vote, Councilman Markel dissenting.
ENFORCEMENT OF OVERTIME Report dated June 29, 1972 from the
PARKING ON PRIVATE PROPERTY Director of Public Works was
received and ordered filed on motion
of Councilman Herrin, seconded by Councilman Evans, and unanimously
carried o
Councilman Evans' motion, seconded by Councilman Patterson, to defer
Agenda item #48, film pertaining to Service Station Enforcement Program,
to the evening agenda, carried unanimously.
POOL TABLE APPLICATION On motion of Councilman Herrin,
seconded by Councilman Villa, and
carried on a 6 - 1 vote, Councilman Yamamoto voting NO, the following
application for pool tables was approved:
ARCHIE D. DONALDSON, NORU TAVERN, 220 W. Warner Avenue.
WEST RELIEF TRUNK SEWER Written requests dated July 10 and
JunB26, respectively, from
County Sanitation Districts for
transfer of funds to District No. ? Main Trunk Fund and location of new Trunk
Sewer were approved on motion of Councilman Herrin, seconded by Councilman
Patterson, and unanimously carried.
COMMITTEE TO PROMOTE Letter and resolution from the City
THE WELL-BEING OF THE of Huntington Beach urging the
HANDICAPPED establishment of a county
committee to promote the well-
being of the handicapped were referred to staff and Goodwill Industries on
motion of Councilman Herrin, seconded by Councilman'Villa, and carried
unanimously.
STREET NAME CHANGE Proposed street name change, re-
naming the 1600 block of E. Maywood
Avenue to Ritchey Street was
approved, and the City Attorney was instructed to prepare the appropriate
resolution, on motion of Councilman Herrin, seconded by Councilman Evans,
and unanimously carried°
LETTER OF RESIGNATION Letter dated July 11, 1972, from
Everett Winters, submitting his
resignation from the Personnel
Board was received and ordered filed on motion of Councilman Herrin,
seconded by Councilman Evans, and unanimously carried.
CITY COUNCIL MINUTES -286- JULY 17, 1972
SALE OF SURPLUS PROPERTY A letter dated July 12, 1972, from
the Santa Ana Planning Commission,
recommending the sale of City-owned property described as Tentative Tract
7655, adjacent to Thornton Park, with funds from the sale to be used for
de velopment of the park, was approved and ordered filed on the unanimously
approved motion of Councilman Herrin, seconded by Councilman Patterson.
SURPLUS PROPERTY REPORT Council declared surplus Tentative
72-23 Tract No. 7655, located north of
Segerstrom and east of Raitt
Street, consisting of approximately 13.76 acres, and authorized the property
to be sold at auction on August 21, 1972, at a minimum sale price of $200,000,
on the unanimously approved motion of Councilman Patterson, seconded by
Councilman Villa.
ORAL COMMUNICATIONS
ALCOHOLIC BEVERAGE Mr. Nichols and Mr. Garcia,
APPLICATION - LASSO BAR the applicants for the transfer of
the Alcoholic Beverage License
for the Lasso Bar, 610 E. First Street, requested Council to withdraw its
protest which was authorized on July 3 in response to a request from Mrs.
Cora Balch who described the bar as a nuisance to the neighborhood. Mr.
Nichols stated that the bar would be operated in a manner that would satisfy
Mrs. Balch's objections.
The matter was referred to staff for discussion with Mrs. Balch and subse-
quent recommendation to Council on the approved motion of Councilman Villa,
seconded by Councilman Patterson, with Councilman Yarnamoto dissenting.
FIRST STREET WIDENING Responding to a question from
Councilman Markel, the Acting
City Manager stated that
confidential cost estimates pertaining to the widening of First Street, given
to the Councilman approximately six years ago would still be considered
confidential material. Councilman Markel's request to use his own judgment
in releasing some of the cost information was referred to staff for recom-
mendation on the unanimously approved motion of Councilman Patterson,
seconded by Councilman Villa.
RECESS At 5:10 P.M., 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 Chaplain Herman J. Baerg, Orange County
Medical Center.
SPECIAL ORDER OF THE DAY
Boards and Conamission as indicated:
The Clerk of the Council administered
the oath of office to the following
persons who were reappointed to
CITY COUNCIL MINUTES -287- JULY 17, 1972
SPECIAL ORDER OF THE DAY (Continued)
Museum Board
James Faulkne r
Human Relations Commission
Harlan Anderson
Sam Sandoval
Glo Wasson
Recreation & Parks
Glen Evans
Parking District #1
Alan Fainbarg
Mr. Lonnie Moore was also sworn in as a new member of the Human Relations
Commis sion.
EXPRESSION OF APPRECIATION Mr. Richard B. Kirwan, 2802 N.
Westwood, was present to express
his appreciation to the Council for
the fine park on Westwood. He stated he was not representing any group, but
that he had talked to many people who were enjoying the park, playing basket-
ball or tennis, or elderly people just out walking; and that the Council should
be complimented on this facility.
PRESENTATION OF PLAQUES The Mayor presented a City
Emblem plaque to Mr. Gordon
Bricken in appreciation of his
services on the Planning Commission, serving two terms, and serving twice
as Chairman of the Commission. The Mayor expressed the City's apprecia-
tion for the sacrifices and dedicated service to the City. Mr. Bricken, in
accepting the plaque, stated that he hoped to help the Council understand what
the City should be doing in the coming months and years ahead; and he spoke
of the value of the Planning Commission and their attempt to give Council their
best collective and individual advice.
The Mayor also presented a plaque to Mr. William Stauffer in appreciation of
the time, effort, and expertise he contributed during his service as a member
of the Personnel Board. Mr. Stauffer replied that he appreciated the oppor-
tunity to serve the City of Santa Aha, and that he looks forward to doing so
again.
APPEAL #306 The Mayor opened the public
VA 72-46 hearing on Appeal #306 filed by
SUBURBIA, INC. Suburbia, Inc., appealing the
Planning Commission's denial of
VA 72-46 to construct a 24-unit apartment development in the R 2 District at
806 - 814 S. Cypress.
The Director of Planning stated that the basic zoning for the proposed develop-
ment is R 2, which calls for 14 units per acre, ]irnited to single family or two-
family; that the "B" parking suffix is attached to the property on the west side
of Cypress, as well as on the east side of Sycamore; that the proposal which had
been submitted called for 43.6 units per acre, allowed in R 3H; but it is the
recommendation of the Planning Commission and the staff that Variance
CITY COUNCIL MINUTES -288- JULY 17, 1972
APPEAL ~306 (Continued)
Application 72-46 be denied, and that the "B" parking suffix should remain in
this area to alleviate the parking problem for the South Main Street business
e s tab Ii shment s.
The Clerk reported no written communications had been received.
The following persons spoke in favor of the appeal:
Mrs. Kate Files, 721 Cypress, Santa Aha
Mrs. Harvey Hilliard, 730 Cypress, Santa Ana,
Proponents stated that they have lived in the area for many years; that there
is a great deal of dust blown to their homes from the parking areas; that this
appears to be a very good apartment and would benefit the area and the City
of Santa Ana; that it would also remove an old house; that beer trucks drive
back and forth through the parking lots at all hours of the day; and they are
used by people who patronize "Club Gardens" and "Beer Spa"; that they are in
favor of the apartment development.
Mr. Maurice Lebanoff, 13731 Carlsbad, Santa Ana, stated that this project is
the same as one approved in 1966 on which the variance was continued through
February 1969; that financing is now available and construction could begin
in approximately 60 days; that staff has recommended leight family units be
placed on the property which could represent 40people; that the complex he has
proposed could house a maximum of 32 adults; that the area contains five
establishments selling beer, wine, or liquor, and two allow dancing until
2:00 A.M.; that it is not an area suitable to families with children; that this is
a quality project; that the area has deteriorated; and that the proposed develop-
ment would enhance the area. He read a letter he had received from Ed
Jillson, President, South Main Busine s smen' s As sociation favoring the
development, and presented to the Council the letter and ~ petition signed by
14 adjacent property owners, concurring that the project would be desirable.
The communications were received and ordered filed on motion of Councilman
Herrin, seconded by Councilman Villa, and unanimously carried.
Mr~ Lebanoff further stated that the staff report was prejudiced and lacked the
facts; that staff required 50% open space as in R 4; that R Z, R 3 and R 3 H do
not have this require_ment; that above-ground open space was not counted, such
as balconies; that he is requesting that Council approve this project, deleting
only Condition #5 regarding the 50~0 open space; or as an alternate, allow 24
units with 45~0 open space; or a third suggestion, to continue the appeal.
There were no opponents in the matter, and the public hearing was closed on
motion of Councilman Villa, seconded by Councilman Yamamoto, and unanimously
carried.
CITY COUNCIL MINUTES
-Z89-
JULY 17, 1972
APPEAL #306 - (Continued)
Councilman Patterson stated he believed that the staff had been unfairly critized;
that if the applicant wishes to go with R 2 zoning, the open space requirement
would not be as great, but that if he wishes higher density, as in R 4, the staff
has been encouraged to require the 50% open space; that in essence, the applicant
is seeking a variance for density reasons.
Councilman Evans asked if, in figuring the 25% open space, staff considered such
things as balconies, recreation area, etc.; if not, how much open space could be
added in this way?
The Director of Planning stated that in figuring percentage of open space, it is
always based on 100%; that a unit of land area is counted only once; that the
applicant had proposed putting astroturf on the roof and calling it open space; that
a roof is not counted as open space; and that any time an area is counted double,
the 100% would be exceeded.
In response to Councilman Evans' question concerning the recreation area and
patios, the Planning Director stated that there is no recreation building and the
patios on the ground were counted.
Councilman Herrin stated that the reason for the recommendation to deny was
based on the need for the "B" suffix parking zoning, which is being questioned
now because there has been no new building in that area; that apparently the
parking is not needed and there needs to be some other consideration given to
the use and development of this property; that the neighbors have found nothing
unfavorable in the development.
Councilman Yamamoto stated that he does not agree with the balcony being
counted as open space; that it is rented by the tenants as their private property
and cannot be considered open space.
In response to Councilman Villa's question, Mr. Lebanoff stated that, even with
the sauna, sun deck, balconies, etc., the maximum open space that could be
provided would be 35 - 40%.
The Mayor stated he is not in favor of' the high density in this area and would
like to have the Planning Commission and the South Main Association study the
whole area.
Councilman Markel stated that it is disappointing to him as a member of the
South Main Improvement Association that only three of the people who own
property on$outh Main Street have purchased property on the two back streets
to provide parking for their stores; that only one has completed the project by
using that property for parking; that this development under consideration will
bring business into the South Main group as well as into the City of Santa Aha.
Councilman Patterson stated that this could set a precedent and the whole area
could become apartments; that possibly this would be good, but that there
should be a study made to show that this should be done; that an increase in
density is also being considered far above what would normally be permitted
under the variance, and consideration is being given to waiving the 50% open
space requirement; that he does not believe the people in the neighborhood
would be happy with bachelor apartments.
CITY COUNCIL MINUTES
-290-
JULY 17, 1972
Ai~PEAL # 306 - (Continued)
Councilman Evans stated that he is in favor of the project up to the point of open
space; that it will cut off the traffic running from Main Street to Cypress; that
it provides ingress and egress in one direction, and parking appears to be
adequate; that he believed staff should be directed to listen to Mr. Lebanoff's
suggestions°
Councilman Herrin stated that if changes in the plan are made at the Council
hearing, it should be referred back to staff and the Planning Commission for
further study, but was opposed to charging a new filing fee for the new plans.
Councilman Yamamoto concurred that it should be referred again to the
Commission, and stated that the fee should be paid again~
Councilman Herrin's motion to request that further study be given to the
entire development by the staff and the Planning Commission, was seconded
by Councilman Evans~ and carried on the following roll call vote:
AYES: Herrin,
NOES: None
ABSENT: None
Evans, Villa, Griset, Yamamoto, Patterson, Markel
RECESS
present.
At 8:50 P.M., a recess was
declared° The meeting reconvened
at 9:00 P.M. , with all Councilmen
APPEAL #307 The Mayor opened the public hearing
VA 72-49 on Appeal #307 filed by Howard I
HOWARD I. & LEONARD R. PAtVIPLIN and Leonard R. Pamplin appealing
the Planning Cornl~ission's denial of
VA 72-49 to allow offstreet parking on a lot with an existing residence and to
waive the required wall in the R 2 B District at 334 W. 18th Street.
The Director of Planning stated that this problem arose due to the widening of
17th Street; that the applicant is requesting a variance to allow parking on a lot
zoned R 2B, which contains a residence; that this would be against a consistent
City policy which does not allow split uses of the "B" suffix in residential areas;
and that both the Planning Commission and the staff have recommended denial.
The Clerk reported no written communications had been received.
Mr. Leonard Pamplin, 1711 Bush Street, stated that the Paramount Men's
Hair Styling Salon has been in business at 333 West 17th Street since 1949; that
it is a small business but is important to the five employees and their families
as a means of making a living; that the City will take the front portion of the
establishment~ the waiting room area, when 17thStreet is widened; that they
are asking to rebuild the portion the City is taking, and continue the use of the
property as it is; that if they are not allowed to do this, it will mean the loss
of one chair, and approxinlately $5,000 or more revenue per year; that the
house on the property is income for his father, who is retired; that they do
not wish to tear the house down, or to put a block wall around it.
CITY COUNCIL MINUTES
-291-
JULY 17, 1972
APPEAL #307 - (Continued)
There were no further proponents or opponents in the matter, and the Mayor
closed the public hearing°
Councilman Markel stated that he would not wish to deter the applicant from
rebuilding as requested, and moved that Appeal #307 be granted and Variance
Application ~72-49 be approved° Councilman Herrin seconded the motion.
Councilman Patterson stated that if the variance application is approved, there
are conditions that would have to apply°
The applicant stated he is requesting that off-street parking be allowed on the
lot with the existing residence~ and that the requirement for a wall be waived°
The Assistant Director of Public Works stated that a total of $29, 525 is being
paid to the ortner of the property for the value of the improvements and
severance damages°
After further discussion, Councilman 1Viarkel offered a substitute motion to
grant Appeal #307 and instruct the City Attorney to prepare a resolution
approving Variance Application 7Z-49 subject to conditions of approval contained
in the Commission report~ except Conditions 6-A and 6-Co The m0iion was
seconded by Councilman Herrin and failed to carry on the following roll call vote:
AYES:
NOES:
ABSENT:
Markel, Herrin; Evans
Villa~ Griset, Yamamoto, Patterson
None
Councilman Patterson's motion to grant Appeal #307 and instruct the City
Attorney to prepare a resolution approving Variance Application 72-49 subject
to all conditions of approval contained in the Commission report, was
seconded by Councilman Villa.
Mayor Griset stated he was not in favor of the motion because he did not wish
to require that the dwelling be removed°
Councilman Herrin's amendment to the motion, seconded by Councilman Evans,
to delete Condition 6-A in approving the variance, carried on the following roll
call vote:
AYES: Herrin, Evans, Villa, Griset, Yamamoto, Markel
NOES: Patterson
ABSENT: None
Councilman l~atterson's motion, as amended, carried on the following roll call
vote:
AYES: Villa, Evans, Herrin, Griset, Yamamoto, Markel
NOES: Patterson
ABSENT: None
CITY COUNCIL MINUTES
-29Z-
JULY 17, 1972
APPEAL #307 - (Continued)
Councilman Patterson informed Mr. Pamplin that if he wished to repair the front
of the building without adding onto it, only a building permit would be required;
that a variance would not be necessary~ and therefore, no conditions would be
imposed.
RECESS
At 9:35 P.M. a recess was declared.
The meeting reconvened at 9:50 P.M.
with all Councilmen present.
APPLICATION FOR The Mayor opened the public hearing
PEEP SHOW ESTABLISHMENT to consider the applicant's appeal
from the Hearing Officer's denial
of the applications filed by Pleasure Industries, Inc., for a Theater/Peep Show
establishment at 213 North Harbor Boulevard° He stated that if there is additional
evidence to be presented, it should be presented to the Hearing Officer in order to
augment the presentation that has been made to the Council.
Mr. Richard G. Hirsch, 8383 Wilshire Boulevard, Beverly Hills, Attorney for
Pleasure Industries, Inc., stated that the Hearing Officer's report made extensive
reference to the fact that the applicant did not present evidence as to his reputation
or as to his good character or lack of good character; that he has been unable to
find any provision in the Code requiring evidence of this type to be presented; that
if this is the basis of denial of the application, they would present such evidence.
The Council directed that the additional evidence should be presented to the Hearing
Officer~ He made reference to the case of Perrine vs. the State of California.
The City Attorney stated that in the Perrine case, a reversal of a denial of permit
was granted by the Supreme Court on the basis of a Los Angeles County ordinance,
which differs from the City's ordinance.
Mr. Hirsch stated that the Findings of Fact indicate complete compliance with all
building, health, safety, fire, and related ordinances; that the only basis for
denial is conviction of one of the applicants for a violation of law, which ispresently
on appeal; that ih'an ar;ea so vague, the type of evidence presented to the Hearing
Officer is not sufficient to deny the licensing of the establishment; that if there is a
criminal act committed on the premises, there are laws in the County and State to
alleviate such problems.
After further discussion, Councilman Evans' motion to deny the appeal and uphold
the decision of the Hearing Officer to deny the applications for Theater/Peep Show
establishment at 213 N. Harbor Boulevard, was seconded by Councilman Yamamoto,
and carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Evans, Yamamoto, Herrin, Griset, Markel
Villa, Patterson
None
CITY COUNCIL MINUTES -293- JULY 17, 1972
BUDGET
The Mayor opened the public hearing
on the proposed budget for Santa
Aha for the fiscal year 1972-73.
There was no one present who wished to speak on the matter, and the Mayor
closed the public hearing.
Councilman Herrin stated he had attended all of the hearings on the budget;
that many items had been brought before the Council for discussion; and
although he was not in complete accord with each one; that the expression of
the majority of the members of the Council was for approval of the budget.
ORDINANCE NS-1122, AN ORDINANCE ADOPTING THE ANNUAL BUDGET
FOR THE FISCAL YEAR COMMENCING JULY 1, 1972 AND FIXING THE
LIA4ITATIONS OF EXPENDITURES FOR THE SEVERAL FUNDS AND THE
FUNCTIONS, DEPARTMENTS AND ACTIVITIES CARRIED UNDER SUCH
FUNDS was passed to second reading on motion of Councilman Herrin,
seconded by Councilman Patterson, and carried on the following roll call
vote:
AYES:
NOES:
ABSENT:
Herrin, Patterson, Villa, Evans, Griset,
None
None
Yamamoto, Markel
GREAT WESTERN The Mayor opened the public
RECLAiVIATION, INC. hearing on a request by Great
Western Reclamation, Inc.
for Council's consent to exchange of stock with SCA Services, Inco
In response to a request from Councilman Herrin, the City Attorney stated
that the company has the right to assign the stock, but the City is not
compelled to keep the contract in force~
The Acting City Manager stated that staff has been satisfied with the present
performance of the owner; that the rates are among the lowest of any city in
the county; that information the City has received about the new firm has not
been adverse or derogatory; that from an administrative standpoint, they
would prefer to do business with the present owners because they are a
known quantity, have proved satisfactory~ and the working relationship has
been good. He further stated that discussions had been held concerning the
possibility of a contract wherein the new owners would guarantee that the
employment of the present management would be co-terminus with the City's
contract; and that the staff's recommendation would be that Council do
nothing that would jeopardize the present good relationship, or that would
place the potential control and ownership of this firm in Boston, 3,000
miles away° In response to a question from Councilman Patterson, Mr.
Spragg stated that if the new owners would provide the employment contract,
staff would be more favorably disposed to accept the transfer; if not, and
they go ahead with the transfer~ the staff would recommend that the contract
be terminated and rebido
CITY COUNCIL MINUTES -294-
JULY 17, 1972
GREAT WESTERN
RECLAMATION, INC. - (Continued)
Mr. Warren Sikora, Attorney, speaking on behalf of Great Western
Reclamation, Inc., stated that there is a contract to continue the employment
of the disposal company management during the balance of the City contract
to October 31, 1978; that the company is not selling the stock, but would
become a part of SCA.
Mro Robert Howell, Rutan & Tucker, representing SCA Services, stated
that they are asking, along with the applicant, that the Council consent to
this transfer of stock; that a proposal for the employment contract has
been submitted to SCA'Services and that copies of the proposed contract
will be filed with the City°
Mr~ Robert Jo Moore, 1905 Wo 15th Street, stated that in September, 1971,
there was a 17½% increase in rates for all the citizens of Santa Aha; that he
owns six units and their rates have been raised 800%, and they are allowed
to pass on only g½% to their tenants; that there was no published notice of
the present hearing; and suggested that any member of the Council who has
done personal business with Great Western Reclamation, should state a
conflict of interest and disqualify himself from voting on this matter.
Mrs° Reba Moore, 1905 W. 15th Street, stated that they have been advised
by legal counsel that they can appeal the 800% increase in trash rates to the
Price Corru'nission in Washington, Do C.; that last September when the ordinance
was passe,l, they were on vacation and knew nothing of the hearing; that
publicati~in of the newsletter costs the City $37,000; and that the newsletter
could be used to notify the property owners of these meetings.
Mr. Robert Thompson, Director, Orange County Apartment House Association,
stated that the rate increase seems to be exhorbitant, particularly in view of
the price control; that many apartments have changed hands because of the
increased cost of maintenance; suggested that apartment owners be allowed
to use the City service or an alternate contractor'~s service.
Mr. C.R. Reynolds, Washington & Broadway, spoke against the increase in
trash pick-up rates, and concurred in Mr. Thompson's suggestion that
apartment owners be allowed to choose an alternate contractor if they wish.
Mr. Howell stated that the question before the Council is not rates charged,
but a transfer of stock; that the reclamation industry is changing; and that
SCA can provide technical knowledge and management skills for this operation;
that an amendment to the contract which would provide for the continuance of
the present management has been submitted to the City Attorney's office; that
failure to provide local management would be grounds for termination of the
existing contract; that no public hearing is required in this matter, but that
two of the councilmen stated they believed it should be aired in public, and
this was done.
Mr. Moore requested that the matter be continued to the next Council meeting
to provide him the opportunity to confer with his attorney~ On motion of Council-
man Villa, seconded by Councilman Patterson, and unanimously carried, the
public hearing was closed.
CITY COUNCIL MINUTES -Z95- JULY 17, 197Z
RECESS
all Councilmen present.
At 11:30 P.M. a recess was
declared. The meeting
reconvened at 11:40 P.Mo with
GREAT WESTERN
RECLAMATION, INC. (Continued)
to retain present local management.
Councilman Villa stated that he
was in favor of the transfer of
stock, dependent on the contract
Councilman ]Evans stated that the primary issues are whether or not SCA
would have been interested in this particular company if the contract had
not been extended and if the rates had not been raised; that he agreed with
Mr. Moore that there was not enough publicity for the hearing; and that
he had hoped more people would be concerned about this matter.
Councilman Yamamoto stated he had a possible conflict of interest in this
matter due to the fact that an Associate of his had written insurance coverage
for the firm from which he had received a remuneration based on his referral
of the business to the Associate. Councilman Yamamoto left the Chambers,
and after deliberation it was deterfnined by a 3 - 3 vote of the Council that
there was no conflict of interest. Councilman Yamamoto returned.
Councilman Villa stated that he is employed by Operation SER; that SER
has an agreement with Great Western Reclamation Company for an on-the-
job training program provided in an agreement between the Department
of Labor and SE1{; that his salary is fixed and he receives no additional
compensation in connection with the Great Western agreement.
The City Attorney stated he saw no conflict of interest. Council concurred.
Councilman Patterson stated that he has never represented Great Western
Reclamation or its management but that he represented an employee of
Great Western in a personal injury matter that has been resolved; and that
he earned a fee and charged the going rate.
The City Attorney ruled there was no conflict of interest in the present
matter.
Councilman Herrin stated that the contract extension and rate increase were
granted to Great Western, without the necessity of providing a profit and loss
statement, based on their claim of financial hardship; that, in his opinion,
it would be a misuse of public trust to give these considerations to Great
Western and in so doing given them tremendous saleability value in the
proposed merger; and that if there were discussions for transfer of stock
prior to the time Council gave consideration to a rate increase and extension
of the contract, it would be highly unethical to approve the stock transfer at
this time°
CITY COUNCIL MINUTES -Z96- JULY 17, 1972
GREAT WESTERN
RECLAMATION, INC.
- (Continued)
Mayor Griset stated that he was unable to come to the conclusion that a
stock assignment was in the best interests of the City.
Councilmen Yamamoto and Patterson stated that if the transfer is approved
and service given by the management of SCA Services is unsatisfactory, the
contract may be terminated at any time. Councilman Patterson stated that
the only way he would favor the stock transfer would be subject to the City
Attorr~y's review of a document providing for an employment contract to
the present management for the duration of the City's contract; that the rate
increase was justified; and that the extension of contract was necessary in
order that Great Western could move from the premises they were on and
to purchase additional equipment.
Councilman Herrin's motion to deny the request for transfer of stock from
Great Western Reclamation, Inc~ to SCA Services, was seconded by Council-
man Markel, and carried on the following roll call vote:
AYES: Herrin, Markel, Evans, Griset
NOES: Villa, Yikgnamoto, Patterson
ABSENT: None
On motion of Councilman Herrin, seconded by CoUncilman Evans, and unanimously
carried, Agenda Items #48 and #87 were continued to the next Council meeting.
ORAL COMMUNICATIONS Mr. Gordon Bricken, 1017 No
Wright Street, presented three
proposals for Charter revision
in the November election as they pertain to the April municipal election of
1973, as follows:
Voting Age - He stated that it is fairly well established that the legal
voting age is 18 and that this was sustained in Court; that Santa Ana's
Charter is not consistent with federal and state determinations; and
thathe recommends changing theCh~rter to make it consistent.
Qualifications - for casting a ballot and running for public office. He
stated that Santa Ana's Code provisions probably are unconstitutional;
that in the April municipal elections, Anahei~n,and Newport Beach
candidates challenged the voters' qualification and residency require-
ments of those cities; that their respective City Attorneys determined
that the qualifications were unconstitutional; that Anaheim reverted to
state residency qualifications for voters of 30 days; that residence in
a ward was changed to 90 days for Council candidates; and that the
City of Santa Aha should make its Charter consistent with the state
law.
Ward System - Ne stated that if it is determined that the residency
requirements are not constitutional, this tends to eliminate the
viabiIi~ir, r of the ward system; he suggested that the City abandon
that system and go totally to a general election with candidates
running at large, stating that the Council is not selected based upon
the largest number of votes; that the candidate receiving the second
highest number of votes was actually elected ~o office; and that this
probably is a violation on the due process of the election laws and
probably unconstitutional.
CITY COUNCIL MINUTES -297-
JULY 17, 1972
ORAL COMMUNICATIONS - (Continued)
Mr. Bricken further stated that some of these have not gone to Court; that every-
thing doesn't have to go to Court in order for Council to make a determination;
that he was not asking for immediate action, but requesting that Council take the
three proposals under consideration for debate on present-day public policy and
present-day Santa Aha.
ADJOURNMENT On motion of Councilman Herrin,
seconded by Councilman Patterson,
and unanimously carried, the
meeting was adjourned at 12:45 A.M. to Monday, July 24, 1972, at 5:00 P.M. in
the Mayor's Office, 217 N. Main Street.
Florence I. Malone
Clerk of the Council
CITY COUNCIL MINUTES -298- JULY 17, 1972