HomeMy WebLinkAbout09-05-1972MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
September 5, 1972
The meeting was called to order at 2:00 P.M., in the Council Chambers of the City
Hall Annex, 530 North Ross Street, with the following Councilmen present: Vernon
So Evans, Wade Herrin, Jo Ogden Markel, Ray Villa, Harry Ko Yamamoto, and
Mayor Lorin Griset. Councilman Patterson arrived at 2:05 P.M. Councilman Ray
Villa was absent for the afternoon session following the Executive Session. Also
present were City Manager Bruce Spragg, City Attorney James A. Withers, Acting
Director of Planning Charles C. Zimmerman, Director of Public Works Ronald
Wolf. rd, and Clerk of the Council Florence I. Malone.
SPECIAL ORDERS OF THE DAY Community Relations Assistant Caleb
Taylor introduced the new employees
who will be staffing the Community
Centers. The employees were attending the Council meeting as part of their
orientation program° Introduced were:
J~m R0eder
Peter Graves
Gloria Damitio
Earline Giiner s
Maria Ybarra
Rudy Apadaca- Wilkers
MINUTES The Minutes of the Regular Meeting
of August 21, 1972 were approved as
submitted on motion of Councilman
Villa, seconded by Councilman Yarnamoto and unanimously carried.
HOUSING AUTHORITY
all Councilman present.
At 2:10 P.M., Council recessed to
convene the Housing Authority. The
meeting reconvened at 2:30 P.M. with
EXECUTIVE SESSION
Council recessed to an Executive
Session at 2:30 P.M., to consider
Legal and Personnel matters.
The meeting reconvened at 3:40 P.M., with all Councilmen present except Council-
man Villa and Councilman Patterson.
Councilman Patterson arrived at 3:45 P.M.
CITY COUNCIL MINUTES
-343~
SEPTEMBER 5, 1972
CONSENT CALENDAR The following items were removed from
the Consent Calendar: Items 2A and ZB
requested by Councilman Herrin; Items
2C, 9B, 14 and 15 requested by Councilman Markel; and Items 5A, 5E and 7B requested
by Councilman Yamamoto.
A written request from the applicant to remove the following item (SA) from the Agenda w~
approved on the unanimously carried motion of Councilman Evans, seconded by Council-
man Herrin:
Application for Use of Public Property filed by Santa Aha High
School for a parade along Flower Street from Walnut to Sixth
Street; to promote school football game on September 21, 1972,
between 6:00 and 6:30 P.M.
On motion of Councilman Herrin, seconded by Councilman Evans, and unanimously
carried, Council affirmed the rec6mmended action on the following Consent Calendar
items'~
BID CALLS
Approved plans and specifications,
and authorized advertisement for bids
on the following:
PROJECT 6068 - Construct concrete sidewalk and picnic
pads in Mabury Park; opening date September 26, 1972
at Z:00 P.M.;
PROJECT 6069 - Construct sprinkler system in Mabury
Park; opening date September 26, 1972 at Z:00 P.M.;
PROJECT 6070 - Grade Mabury Park; opening date
September 26~ 1972 at 2:00 P.M.;
SPEC° 72-010 - Two each Solo Motorcycles; opening
date September Z1, 1972 at 2:00 P.M.;
SPEC. 723-240 - Vending machine concession in the new
City Hall; opening date September 26, 1972 at 2:00 P.M.
BID AWARDS Awarded contracts as follows on the
basis of lowest, best and most responsible
bidde~.
SPEC. 72-006 - One (1) Mobile Hydraulic Hammer; awarded
contract to Crook Company, Norwalk.
SPEC. 72-007 - One (1) Truck with Utility Body and Aerial Lift;
awarded contract to California Truck Equipment Co., Inc.,
Los Alamito s.
AGREEMENTS
Approved and authorized the Mayor
and Clerk to execute the following
agreement:
SOUTHERN CALIFORNIA-ARIZONA ANNUAL CONFERENCE
OF THE UNITED METHODIST CHURCH - For purchase and
sale of improved real property consisting of approximately
2° 80 acres situated on the northwest corner of Center and
McFadden.
CITY COUNCIL MINUTES
-344-
SEPTEMBER 5, 1972
CONSENT CALENDAR - (Continued)
TRAFFIC
28, 1972, inclusive.
Received and ordered filed report
of control devices removed or
installed August 15 through August
ALCOHOLIC BEVERAGE
LICENSE APPLICATIONS
Received and ordered filed the
following Alcoholic Beverage License
Application s:
CASEBEER, 207 W. Znd St., On-Sale Beer & Wine,
Original. (Supplemental)
VILLA LIQUOR & JR. MART, INC., 1467 S. Main
St., Off-Sale General, Person to Person Transfer.
SOMMER, 5021 W. Edinger, On-Sale Beer & Wine,
Person to Person Transfer.
HAGEN, Jack & Barbara, 2509 S. Main St., On-Sale
Beer & Wine, Supplemental.
and the City Attorney was instructed to file a protest with the Alcoholic
Beverage Control Board on the following application because the location
is within 300 feet of a residential zone and is therefore subject to the
Minor Exception Permit procedure:
EL JACALITO, 417 N. Raitt St., On-Sale Beer, Original.
SOLICITATION APPLICATIONS
Approved the following solicitation
applications:
HANDCLASP INTERNATIONAL INC., Letter of Appeal,
to defray the processing and shipping expenses of medical
supplies and assist in other ways in needy areas in other
countries; September 6, 1972 to October 6, 197Z.
DISABLED AMERICAN VETERANS, JACK FISHER
CHAPTER #Z3, ForgetaMe-Not Sale, to help the
veterans who are in the Veter,,n's Hospital; October
13, 1972 to November 13, 1972.
GOSPEL LIGHT CHURCH OF GOD IN CHRIST,
Receiving donations, for remodeling building for
Youth Department; September 15, 197Z to November 15,
1972.
HOPE PLACE SURE FOUNDATION - CROSSROADS OF
REVIVAL, AN AFFILIATION OF UNITED EVANGELICAL
CHURCH, Telephone soliciting, to maintain their home for
troubled youth on drugs, to maintain a help line operated on
a Z4-hour basis, and for rehabilitation of youth needing help;
September 6, 1972 to November 6, 197Zo
CITY COUNCIL MINUTES
-345-
SEPTEMBER 5, 1972
CONSENT CALENDAR ~ (Continued)
VARIANCES AND
CONDITIONAL USE PERMITS
Received and ordered filed the
following applications:
VA 7Z-59, SANTA ANA UNIFIED SCHOOL DISTRICT ~
To allow assembly of concrete pumps in an existing
warehouse in the CR District at 1040 W. Segerstrom
Avenue;APPROVED.
VA 73 - 61~ HOWARD TAKAO - LORRAINE Bo ELAM -
To operate a wholesale ground cover nursery in the
R 1 District at 5106 and 5110 Wo Hazard Avenue; APPROVED.
PUBLIC PROPERTY USE
Approved the following application
to use public property and waived the
$300 deposit requirement:
SANTA ANA WINDS YOUTH BAND OF ORANGE
COUNTY - Parade along streets indicated on application
and terminating at and using the Municipal Bowl Parking
Lot for band competition on November Z4, 1972,. between
9:00 A.M. and 12:00 Noon°
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 August 16, 197Z through August 30, 1972,
inclusive,
DEEDS, NO CASH Approved the following deeds and
GRANTOR, CITY authorized their executibn by the
Mayor and Clerk:
SOUTHERN CALIFORNIA EDISON COMPANY - For
utility easement, east side of Townsend and north of
Civic Center Drive.
SOUTHERN CALIFORNIA EDISON COMPANY - For
utility easement; north side of Fruit and east of Mabury~
TENTATIVE PARCEL/ Approved the following map,
TRACT MAPS subject to the conditions
contained in the tmlanning
Director's report, and waived the alley requirement°
TENTATIVE PARCEL MAP #766 - Filed by Roy So
Head creating one (1) C 1 and R 1 and one (1) R 1 parcel.
Parcel 1 is to be used for commercial use (zone change
in process to make the C 1 and R 1 parcel all commercial)
and Parcel 1 is proposed for apartment use. Variance
Application 72-65 is in process° Said parcels are located
generally on the southwest corner of Euclid Street and First
Street°
CITY COUNCIL MINUTES
-346-
SEPTEMBER 5, 197Z
CONSENT CALENDAR - (Continued)
FINAL TRACT MAP Approved the final map, accepted the
dedications thereon, and the bonds,
and authorized execution of the sub-
division agreement, on the following:
MAP ~7891 - North side of Santa Clara Avenue, east of Old
Grand Street, ninety-one (91) lots.
COMPLETION OF
IMPROVEMENTS
Authorized release of performance,
monument, labor and material bonds
on the following:
TRACT #7058 - Alpine Avenue and Garnsey Street.
REIMBURSEMENTS
Authorized the following reimburse-
ment:
LEADERSHIP HOUSING SYSTEMS, INC., for street
improvements on the ~west side of Tustin Avenue from
658 feet to 1185 feet, north of Santa Clara Avenue, in
exchange for ultimate dedication on Tustin Avenue; (VA 70-9)
in the amount of $3, Z05.44.
* * * * * * * * * CONSENT CALENDAR FINIS * * * * * * * * * * *
BID AWARDS On motion of Councilman Yamamoto,
secnnded by Councilman Evans, with
Councilmen Markel and Herrln voting NO,
the following contracts were awarded to Grissom & Johnson, Inc., Santa Aha, as the
lowest responsible bidder:
PRO J. EHS T-3041 (145) - TOPICS PROJECT - Installation
of traffic signals and street lighting systems at: Bristol
Street and MacArthur Blvd; Euclid St. and McFadden2%ve;
Seventeenth Sro and Lincoln Avenue; 17th and Santiago Street.
PROJ. EHS T-3041 (146) - TOPICS PROJECT - Traffic signal
modifications at: Fifth Street and Harbor Boulevard; First
Street and Harbor Boulevard; Warner Avenue and Harbor
Boulevard; First Street and Bristol Street; Grand Avenue and
Edinger Avenue.
On motion of Councilman Evans, seconded by Councilman Yamamoto, with Council-
man Markel voting NO, the following contract was awarded to Tera-Lite Manufacturing
Co., as the lowest, best and most responsible bidder:
PROJ. 2027 - Repair and sealing of sidewalk coating on
Fourth Street from Ross to Spurgeon Streets.
CITY COUNCIL MINUTES
-347-
SEPTEMBER 5, 197Z
ALCOHOLIC BEVERAGE Councilman Herrin's motion to receive
LICENSE APPLICATIONS and file the following ABC applications
was seconded by Councilman Evans, and
carried on a 5-1 vote, Councilman Yamamoto diseenting:
THE PINE PUB, 2333 Wo First St~, On-Sale Beer,
Person to Person Transfer.
JACKSON, Evelyn C. & John E. , 3331 Wo First Sro
On Sale General~ Person to Person°
VARIANCE 7Z-60
GENE Ao SULLIVAN
Yamamoto and Patterson voting NO,
variance application:
On motion of Councilman Herrin,
seconded by Councilman Evans and
carried on a 4-2 vote, Councilmen '
Council received and ordered filed the following
VA 7Z-60, GENE A. SULLIVAN - To construct a pole
sign on a parcel which already has an existing pole sign
in the C 5 District at 2510 N. Grand Avenue; Ai~]PROVEDo
DEEDS WITH CASH On motion of Councilman Herrin,
GRANTEE CITY seconded by Councilman Evans, with
Councilman 1V~arkel voting NO, Council
approved the following deed and authorized the Mayor to sign all necessary documents
in connection with the purchase:
NAVARRO, Carmela Ro, et al - For street purposes,
north side of First Street, east of Pacific.
CHANGE ORDER
approved the following change order:
On motion of Councilman Herrin,
seconded by Councilman Yamamoto with
Councilman Markel voting NO, Council
PROJECT 7013 - NEW CITY HALL - Add access-panel at basement
elevator lobby; additions and changes to the Council Chambers for
rear screen video projection, electronic voting devices, and
television monitoring system; revisions and additions to the elevator
machine rooms; electrical revision to the elevator emergency system
to provide for all elevators to be connected to the emergency generator;
provide a "Fire Road" for access to the smoke tower on the south side
of the building; additional carpet at floors 1, 2, 3, and 6; Change Order
No. 19, increasing in the amount of $30,6390 70°
BUDGET TRANSFER
authorized transfer of funds as follows:
On motion of Councilman Herrin,
seconded by Councilman Evans, with
Councilman Markel voting NO, Council
APPROPRIATION ADJUSTMENT NO. 7, to transfer $80,435000
from Fund 202-010 to Fund 202-536-631, to provide for storm
drain project V-4-17th from Williams to Tustin0
CITY COUNCIL MINUTES
-348-
SEPTEMBER 5, 1972
MINOR EXCEPTION PERMIT On motion of Councilman Patterson,
NO. 7Z-16 seconded by Councilman Markel, with
Councilman Yamamoto voting NO, the
following Minor Exception Permit was received and ordered filed and the City
Attorney was instructed to withdraw the protest previously filed:
EX 7Z-16 - To allow on sale liquor in a bona fide restaurant
within 300' of residentially zoned property at Z509 South Main
Street°
SOLICITATION APPLICATIONS On motion of Councilman Evans,
SANTA ANA HOST LIONS CLUB seconded by Councilman Yamamoto,
and unanimously carried, Council
approved the following solicitation applications submitted by the Santa Aha Host
Lions Club:
Sale of small white canes on the streets of the City; to raise
funds for sight conservation program; on September 15, 1972 only;
and
Sit down Bar-B-Que by sale of tickets by club members;
to raise funds to be distributed to local charities; on October
8, 1972 onlyo
WAIVE READING On motion of Councilman Herrin,
seconded by Councilman Evans, and
unanimously carried, the full reading
of ordinances and resolutions, the titles of which appeared on the public agenda, was
waived°
ORD. NS-1136 AN ORDINANCE OF THE CITY
A.A. #705 COUNCIL OF THE CITY OF SANTA
PLANNING COMMISSION ANA APPROVING A_K4ENDMENT
APPLICATION #705 FILED BY SANTA
ANA PLANNING COMMISSION TO REZONE PROPERTY IN THE AREA BOUND BY
WARNER AVENUE, RAITT STREET, SEGERSTROM AND GREENVILLE STREETS,
FROM THE A 1 AND R 1 DISTRICTS TO THE R 1-PRD DISTRICT AND AMENDING
SECTIONAL DISTRICT MAP 26-5-10, (EXHIBIT A.A. 705-A), was adopted on
motion of Councilman Herrin, seconded by Councilman Evans, and carried on the
following roll call vote:
AYES:
NOES:
ABSENT:
Evans, Herrin, Griset, Yamamoto, Patterson, Markel
None
Villa
ORD. NS-1138 AN ORDINANCE OF THE CITY
A.A. #707 COUNCIL OF THE CITY OF SANTA
PLANNING COMMISSION ANA APPROVING AMENDMENT
APPLICATION ~707 FILED BY SANTA
ANA PLANNING COMMISSION TO REZONE PROPERTY GENERALLY DESCRIBED
AS THAT AREA BOUNDED ON THE NORTH BY ALTON AVENUE: ON THE EAST BY
THE NORTHERLY PROLONGATION OF BEAR STREET; ON THE SOUTH BY THE
MACARTHUR BOULEVARD WESTERLY PROLONGATION; AND ON THE WEST BY
GREENVILLE STREET FROM THE A 1 AND R 1 DISTRICTS TO THE R 1-PRD
DISTRICT AND AMENDING SECTIONAL DISTRICT MAPS 26-5-10, Z7-5-10, 34-5-10
and 35-5-10 (EXHIBIT A.A. 707-A) was adopted on motion of Councilman Herrin,
CITY COUNCIL MINUTES
-349-
SEPTEMBER 5, 1972
ORD. NS-1138 - ~ontinued)
seconded by Councilman Evans, and carried on the following roll call vote:
AYES: Evans, Herrin, Griset,
NOES: None
ABSENT: Villa
Yamamoto, Patterson, Markel
ORD. NS-1139 AN ORDINANCE OF THE CITY
A.A. #708 COUNCIL OF THE CITY OF SANTA
PLANNING COMMISSION ANA APPROVING A.MENDMENT
APPLICATION #708 FILED BY SANTA
ANA PLANNING COMMISSION TO REZONE PROPERTY GENERALLY DESCRIBED
AS THAT AREA BOUNDED ON THE NORTH BY MAC ARTHUR BLVD.; ON THE EAST
BY A LINE PARALLEL TO AND A DISTANCE OF 1282.1 FEET WEST OF THE
NORTHERLY PROLONGATION OF BEAR STREET; ON THE SOUTH BY THE CITY
BOUNDARY AND A LINE PARALLEL TO AND A DISTANCE OF 720 FEET NORTH
OF THE CITY A LINE PARALLEL TO AND A DISTANCE OF 1213 FEET EAST OF
GREENVILLE STREET FROM THE A 1 AND R 1 DISTRICTS TO THE R 1-PRD
DISTRICT AND AMENDING SECTIONAL DISTRICT MAPS 34-5-10 AND 35-5-10
(EXHIBIT A.A. 708-A) was adopted on motion of Councilman Herrin, seconded by
Councilman Patterson and carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Patterson, Evans, Griset, Yamamoto, Markel
None
Villa
ORD. NS-1140
A.A. #709
]PLANNING COMMISSION
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA
ANA APPROVING A1ViENDMENT
APPLICATION #709 FILED BY SANTA
ANA PLANNING COMMISSION TO REZONE PROPERTY DESCRIBED AS THAT AREA
BOUNDED ON THE NORTH BY ALTON AVENUE; ON THE EAST BY GREENVILLE
STREET; ON THE SOUTH BY THE MACARTHUR BLVD~ WESTERLY PROLONGATION;
AND ON THE WEST BY FAIRVIEW ROAD FROM THE A 1 AND M 1 DISTRICTS TO
THE R Z-PRD DISTRICT AND A2ViENDING SECTIONAL MAPS 27-5-10 AND 34-5-10
(EXHIBIT A.A. 709-A) was adopted on motion of Councilman Herrin, seconded by
Councilman Yamamoto and carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Griset, Yamamoto,
Evans
V ill a
Patterson, Markel
ORD. NS-ll41 AN ORDINANCE O~F THE CITY
A.A. #710 COUNCIL OF THE CITY OF SANTA
PLANNING COMMISSION ANA APPROVING AAk4ENDMENT
APPLICATION #710 FILED BY SANTA
ANA PLANNING COMMISSION TO REZONE PROPERTY DESCRIBED AS THAT AREA
BOUNDED ON THE NORTH BY ALTON AVENUE; ON THE EAST BY THE ORANGE
COUNTY FLOOD CONTROL CHANNEL; ON THE SOUTH BY THE WESTERLY
PROLONGATION OF MACARTHUR BLVD.; AND ON THE WEST BY THE
NORTHERLY PROLONGATION OF BEAR STREET FROM THE A 1 AND R 1 DISTRICTS
TO THE R 2-PRD DISTRICT AND AMENDING SECTIONAL MAPS 26-5-10 AND
CITY COUNCIL MINUTES
-350-
SEPTEMBER 5, 1972
ORD. NS-1141 - (Continued)
35-5-10 (EXHIBIT A.A. 710-A) was adopted on motion of Councilman Herrin, seconded
by Councilman Evans and carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Evans, Herrin, Griset, Yamarnoto, Patterson, Markel
None
Villa
ORD. NS-114Z AN ORDINANCE OF THE CITY
A.A. #711 COUNCIL OF THE CITY OF SANTA
PLANNING COMMISSION ANA APPROVING AMENDMENT
APPLICATION #711 FILED BY SANTA
ANA PLANNING COMMISSION TO REZONE PROPERTY IN THE AREA GENERALLY
DESCRIBED AS THAT AREA BOUNDED ON THE NORTH BY ALTON AVENUE; ON
THE EAST BY BRISTOL STREET; ON THE SOUTH BY MACARTHUR BOULEVARD;
AND ON THE WEST BY THE ORANGE COUNTY FLOOD CONTROL DISTRICT
CHANNEL FROM THE A 1 AND R 1 DISTRICTS TO THE C 4 DISTRICT AND
AMENDING SECTIONAL DISTRICT MAPS 26-5-10 AND 35-5-10 (EXHIBIT A~ A.
711-A) was adopted on motion of Councilman Herrin, seconded by Councilman Evans
and carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Griset, Yamamoto, Patterson, Markel
None
Villa
ORD. NS-1143 ORDINANCE NS-1143 OF THE CITY
PLANNING COMMISSION COUNCIL OF SANTA ANA AMENDING
COMPENSATION SECTION 2-352 OF THE SANTA ANA
MUNICIPAL CODE ESTABLISHING
COMPENSATION OF CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION
received no action when it was moved that the ordinance pass to second reading by
Couficilman Patterson, seconded by Councilman Yamamoto, and. failed to carry on
the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Yamamoto, Griset
Evans, Herrin, Markel
Villa
Councilman Evans stated that he was opposed to any increase in compensation for
Planning Conarnission members°
Councilman Herrin stated that he also opposed an increase, and further stated that
he, personalI~, would move to abolish compensation to Council if he had a preference.
He considers it an honor to have been elected to represent the citizens and does not
want compenstaion for himself.
RES. 72-94 RESOLUTION 72-94 - A RESOLUTION
MINOR EXCEPTION 72-13 OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA OVERRULING THE
DENIAL OF THE ZONING ADMINISTRATOR AND GRANTING MINOR EXCEPTION
APPLICATION 72-13 FILED BY GREAT WESTERN RECLAMATION, INC. received
no action when it was moved that the resolution be adopted by Councilman Herrin,
seconded by Councilman Evans, and failed to carry on the following roll call vote:
AYES: Herrin, Evans, Yamamoto
NOES: Griset, Patterson, Markel
ABSENT: Villa
CITY COUNCIL MINUTES -351- SEPTEMBER 5, 1972
RES. 72-95 RESOLUTION 72-95 - RESOLUTION
BLUE-WHITE CAB COMP~kNY OP THE CITY COUNCIL OF SANTA
ANA REFUSING ISSUANCE OF A
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO GORDON P.
WIGGINS, DOING BUSINESS AS BLUE-WHITE CAB COMPANY, FOR OPERATION
OF TAXI CABS IN THE CITY was moved for adoption on motion of Councilman
Patterson, seconded by Mayor Griset. The motion failed on the following roil call
vote:
AYES:
NOES:
ABSENT:
Patterson, Griset, Yamamoto
Evans, Herrin, Markel
V ill a
Prior to the vote, Mr. Dennis V. Menke, Attorney for Gordon P. Wiggins, doing
business as Blue-White Cab Company, and a member of the firm of Schlegel,
Friedemann & Menke, 433 Civic Center Drive West, spoke in opposition to the
Resolution. Mr. Menke stated that, in his opinion, the resolution does not reflect
the action Council took on August gl, 1972, in that the only finding made at that
meeting was that the present cab service reflected adequate cab service within the
city. He stated that Municipal Code Section 38.5 provides three criteria to be
considered in the issuance of a Certificate of Public Convenience and Necessity,
and that no testimony was given on two of the criteria; that Resolution 72~95 provides
that proposed increase in taxicabs would have an adverse affect on traffic conditions
in the city. He stated that no testimony had been given regarding traffic conditions
at the August 21 meeting. He suggested to Council that a full hearing be held on the
matter which would follow the ruling of the Superior Court. Mr. Menke stated that
he interpreted the Superior Court ruling to mean that the matter should be heard anew
considering evidence presented on all three criteria° He stated that the City Attorney
had given Council instructions at the August gl meeting to vote against the applicant
if they found that the present taxicab service was adequate. Ne suggested that
Council is s'till for concepts of free enterprise involved in a second cab system, lie
requested that Council consider a full study of the matter, including a study of the
ordinance. He further requested Council to vote no on the motion to adopt and
consider the possibility of having a re-hearing.
Councilman Patterson asked Mr. Menke if he had been present at the August 21
Council meeting and pointed out to him that it was the burden of the applicant to
show convenience and necessity.
Mro Menke answered that he had not been present at the August-~l, meeting; that he had
been substituted as the attorney for Mr. Wiggins in the place and stead of Mr. Murphy,
who was the attorney representing Mr. Wiggins at the previous meeting; but that he had
a complete transcript of that portion of the meeting. He stated that the transcript
indicates that Mr~ Murphy had been told that Council would hear no testimony other
than tha~ relating to adequacy of present cab service°
Councilman Herrin stated that he was in agreement with Mro Menke in the matter; that
he had voted NO at the previous hearing, and was going to again oppose the matter.
He further stated that he had felt that Council should have carried the hearing through
all findings asked for by the applicant before taking action to deny either of the taxicab
applications heard on August 21, and that he thought Council had acted hastily in not
doing so.
CITY COUNCIL MINUTES
-352-
SEPTEMBER 5, 1972
RES. 72-95
BLUE-WHITE CAB COMPANY - (Continued)
Councilman Patterson asked the City Attorney for the status of no action on the vote
by reason of the 3/3 tie.
In response to Councilman Patterson's question, the City Attorney stated that the
minute order made by the Clerk at the August Zl meeting shall stand.
Mr. Menke repeated his request that the matter be re-heard, and upon no motion
being made by Council to grant this request, he requested permission to serve the
Clerk with a Writ of Mandate, was granted that permission, and did so serve the
Clerk at 4:20 P.M.
RES. 72-96 RESOLUTION 72-96 - RESOLUTION
QUICK CAB COMPANY OF THE CITY COUNCIL OF SANTA
ANA REFUSING ISSUANCE OF
A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO C & S TOURS,
INCORPORATED, DOING BUSINESS AS QUICK CAB COMPANY, FOR OPERATION
OF TAXICABS IN THE CITY was moved for adoption on Councilman Patterson's
motion, seconded by Councilman ~Yamamoto; the motion failed to carry on the
following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Yamamoto, Griset
Evans, Herrin, Markel
V ill a
RES. 72-101
CITY MANAGER'S SALARY
seconded by Councilman Patterson.
The full reading of Resolution 72-101
was waived on the unanimously approved
motion of Counoilman Yamamoto,
RESOLUTION 72-101 FIXING :THE SALARY OF THE CITY MANAGER OF THE CITY
OF SANTA ANA was adopted by title only on the unanimously carried motion of
Councilman Evans, seconded by Councilman Herrin.
RESOLUTION 72-98 The full reading of Resolution 72-98
CITY HALL BONDS was waived on the unanimously approved
motion of Councilman Patterson,
seconded by Councilman Evans and unanimously carried.
RESOLUTION 72-98 - A RESOLUTION OF THE CITY COUNCIL OF SANTA ANA
REQUESTING THE CIVIC CENTER AUTHORITY TO AUTHORIZE A PROGRAM
OF REFINANCING BONDS SOLD FOR THE CONSTRUCTION OF THE CITY HALL
PROJECT was adopted by title only on the unanimously approved motion of
Councilman Patterson, seconded by Councilman Evans.
PRESS FACILITIES IN On motion of Councilman Herrin,
NEW CITY COUNCIL seconded by Councilman Evans, and
CHAMBERS unanimously carried, Council received
and ordered filed the Report dated
August 30, 1972, recommending that Council approve use of facilities by reporters
for the Register and Los Angeles Times.
CITY COUNCIL MINUTES
-353-
SEPTEMBER 5, 1972
WIDENING OF EAST On motion of Councilman Patterson,
FIRST STREET seconded by Councilman Evmns, and
unanimously carried, Council approved
the Director of Public Works Report recommendation that no action be taken to re-
open hearings on the alignment of First Street between Cypress and Standard and
that staff give due c~nsideration to First Street Widening Program each year in the
development of the recommended Five-year Capital Improvement Program.
RESIGNATION FROM On motion of Councilman Herrin,
HUMAN RELATIONS seconded by Councilman Evans, and
COMMISSION unanimously carried, the letter dated
August 16, 197Z, from Louis Chavez, fr.,
resigning from the Commission was accepted.
The Mayor announced that interviews to fill the vacancy created by the resignation of
Mr. Chavez would be held at the September 18 Council meeting.
POOL TABLE APPLICATION An application from Jack E. and Barbara
Hagen for permit to operate two pool
tables at their restaurant-bar located
at Z509 South Main Street, was approved subject to all administrative and Municipal
Code requirements, on motion of Councilman Herrin, seconded by Councilman Patterson
and carried on the following roll call vote:
AYES: Herrin, Patterson,
NOES: Evans, Yamamoto
ABSENT: Villa
Griset, Markel
SANTAANA FREEWAY Letter dated August 3, 1972 from the
Calffornf~ Division of Highways
acknowledging receipt of Resolution
No. 72-75 and discussing timetable for construction of on-ramp from Main Street and
Buffalo Avenue was received and ordered filed on motion of Councilman Herrin,
seconded by Councilman Evans, and unanimously carried.
RECESS
except Councilman Villa.
At 4:35 P. Mo, a five minute recess
was declared. The meeting reconvened
at 4:45 1TM. M. with all C~uncilmen present
SERVICE STATION The Service Station Enforcement
ENFORCEMENT PROGRAM Program slides of service stations and
simila'r facilities tak'en in March and in
May, 1972, were shown by Steve Crowford, Planning Department, Prior to the
showing, Councilman Herrin stated that even if the photographs had been taken the
day before, they were not going to reflect the situation as it presently exists. He
further stated that he believes there should be a public relations program to attempt
to get service stations to "keep a clean house", but he pointed out that there was no
way to enforce a program°
CITY COUNCIL MINUTES -354- SEPTEMBER 5, 1972
RECESS At 4:55 P.M., the Council meeting was
recessed to 7:30 P.M., and Mayor
Griset announced that the City's new
100' aerial ladder fire truck was on display west of the City Hall Annex for inspection.
The Council meeting reconvened at 7:30 P.M. with all Councilmen present. Following
the Pledge of Allegiance to the Flag, the Invocation was given by Councilman 3. Ogden
Markel.
REAL PROPERTY AUCTION The Mayor announced the auction sale
SURPLUS PROPERTY REPORT of the property described as Assessor's
NOS. 72-20 and 72-Z1 Parcel Nos. 008-167-04 and 008-167-05
in accordance with Section 2-706 of the
Municipal Code. He stated that the property was located on the northeast corner of
First and Sycamore and on the north side of First Street, 62.5;east of Sycamore,
respectively; and that sealed bids were not required. The Clerk reported that there
was one bid on file in the amount of $39,500 by Robert Corrigan on behalf of Humble
Oil & Refining Co. The Mayor then called for higher bids, and received none. The
Mayor announced the property would be sold to Humble Oil & Refining Co. , pursuant
to an agreement between the City and Robert Corrigan, Realtor; for $39, 500. The
Clerk reported that bid deposit requirements had been satisfied.
PUBLIC HEARING
VARIANCE APPLICATION
72-45 - ARNOLD B. GASSER
South Sullivan Street.
The Mayor opened the public hearing on
Variance Application No. 72-45 filed by
Arnold B. Gasser to construct 39 town-
house units in the C 1 District at 1426
The Acting Director of Planning stated that the Planning Commission was unanimously
in favor of granting the variance, however, staff recommends the following conditions:
50% open space; that recreation area be centrally located, however, they could defer
on this point; and that a children's play area be provided.
Mr. Jack Hall, Hall and Foreman, Z530 North Glassell, representing the applicant,
stated that the proposed site is already zoned for apartrnent$ or trailer parks and
under control use permits, motels; that he was surprised there were objections to
the use proposed; that plans contain 50% more open area than any other R~4 Development
in the area with 1290 square feet per unit, whereas there is only 837 square feet per
unit in the average apartment. He further stated there would be 20 guest parking spaces
and 2 parking spaces per unit; tha~ residents would park directly behind their unit,
eliminating rows of parking which normally present police problems; that the units would
be single story adjacent to R-1 with 12 X Z2 private patios in contrast to average 7 X 7
patios; that the plans were in accordance with the master plan as implemented by the
City seven years ago.
Patti Karger, Attorney representing the Estate of Coll. Melton and the beneficiaries
thereof, who own the adjacent property immediately to the south on Fairview and
property on Edinger and on Sullivan, stated that the Melton beneficiaries are 100% in
favor of the proposed project° She referred to the map of the location, and stated that
the gate was on Melton property and that the Meltons were making available 18 feet of
their land for driveway purposes. She further stated that one of the main reasons her
clients are in favor of the project is the proposed 56-acre park immediately across the
street from the project which would be very beneficial to all persons housed in the
development.
CITY COUNCIL MINUTES -355- SEPTEMBER 5, 1972
PUBLIC HEARING
VA 7Z-45 - ARNOLD B. GASSER - (Continued)
There were no opponents to the application and the Mayor closed the public hearing.
Councilman Yamamoto asked if the 39 extra parking spaces could be converted to
additional open space.
The Acting Planning Director stated that that remained a possibility, however, it was
staff's opinion that there could not be too much parking and that they would actually
prefer the extra parking to additional open space. They did believe, however, that
there should be 50% open space.
Mayor Griset stated that although he believed that Mr. Hall had come up with a very
fine development in terms of appearance of the units, there were too many units on
too small an area with too many bedrooms; and that the schools were already crowded.
He further stated that he believed the project was inconsistent with the policies which
have been established for the development of Southwest Santa Ana.
Councilman Yamamoto stated he could not support the application because of his concern
with the lack of open space and the excessive number of bedrooms. He pointed out
that guidelines have been established for all of Santa Aha -'not just South Santa Aha.
Councilman Patterson asked Mro Hall if units might be sold as condominiums.
Mr. Hall stated that it was conceivable that they might be sold as condominiums. He
pointed out;the last three R 2 projects which had been approved in this area had o~tM
30%, 34%, and 38.3% open space respectively, all less th~n the, project he proposed.
Councilman Patterson stated that he would support the application; that he was always
concerned with open space; however, for two reasons he felt the application should be
granted: the first being that the property was only 176' wide which is a difficult width
to develop, and the second, that there are proposed only a relatively small number
of units, and that it was more difficult to achieve open space with fewer units. He
further stated that he believes the ordinance setting forth the 50% open space require-
ment is not an ordinance which should govern in this particular situation; that he likes
the idea of having central facilities, parking next to unit, and the fact that the units
may be sold as condominiums which he always favors since rentals do not encourage
home ownership. He further stated that he believes guidelines ,set up for the South
Warner area should not be applied all over the city.
Councilman Markel stated that he believed the proposed project was one that might
overcome some previous difficulties in that area; and that he was in favor of the
application.
Councilman Evans' motion to grant the Variance Application, seconded by Councilman
Patterson, carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Evans, Patterson,
Griset, Yamamoto
None
Villa,
Her rin, Markel
CITY COUNCIL MINUTES -356- SEPTEMBER 5, 1972
TENTATIVE PARCEL MAP Tentative Parcel Map #761 was next
#761 considered, out of agenda order, since
it pertained to Variance Application
72-45 just granted by Council. Councilman Herrings motion to approve the Tentative
Parcel Map, seconded by Councilman Evans, carried on a 5-Z vote, with Mayor Griset
and Councilman Yamamoto voting NO.
PUBLIC HEARING Mayor Griset opened the public hearing to
AMENDMENT TO THE amend the "Arterial Streets" portion of the
GENERAL PLAN "Land Use and Arterial Streets" element
of the General Plan. The amendment
involves the extension of Bear Street from Alton Avenue to Segerstrom Avenue, a
northerly and generally direct connection of Bear Street to Segerstrom Avenue.
The Acting Planning Director reviewed his written report and stated that the three
property owners involved were the Santa Aha Unified School District, the Hayward
Lumber Company and the City; and that the amendment was recommended by Planning
Commission Resolution No. 6011.
There were no proponents or opponents and the public hearing was closed by the Mayor.
The recommended Amendment to the "Arterial Streets" portion of the "Land Use and
Arterial Streets" element of the General Plan was approved and the City Attorney was
instructed to prepare the appropriate resolution for the next meeting, on the unanimously
approved motion of Councilman Patterson, seconded by Councilman l-Ierrin.
APPEAL NO. 306 The Acting Planning Director reported that
VARIANCE NO. 72-46 the Planning Commission had denied the
SUBURBIA, INC. Variance Application because it was
considered premature; that the Commission's
work program includes a comprehensive study of the South Main Street area; and that the
Commission recorrurnends denial without prejudice pending completion of the study which
should be within six months to one year. He stated that the 'Variance Application had been
filed by Suburbia, Inc., to construct a ZZ-unit apartment development in the R ZB
District at 806-814 SoUth Cypress StPeet because of the density proposed, 40 units per
acre; and that 16 units per acre was the Code maximum.
The following persons spoke in favor of the Appeal:
Henry Tancredi, the appellant, representing the applicant;
Dorothy Hilliard, 730 Cypress;
Stanley Peterson, 807 S. Cypress;
Ed Jilson, 3015 South Rene.
There were no opponents to the Appeal.
The proponents stated that there is a need for housing for people who will patronize
merchants in the downtown area; that it was not possible to develop the property
commercially; that this same density proposal had been approved 12 years ago but
had not developed because of financing problems; that the project has been redesigned
providing for approximately 45% open space and has an entirely different concept;
that ample recreational facilities will be provided; and that the project will enhance
the area and attract new people.
CITY COUNCIL MINUTES -357- SEPTEMBER 5, 1972
APPEAL #306 - VA 72-46
SUBURBIA, INC. - (Continued)
Mr. Maurice Lebanoff presented a petition signed by 25 residents in the area, along
with letters from others who favored the development. The communications were
filed on the unanirnously approved motion of Councilrnan Herrin, seconded by
Councilman Evans.
The appeal was granted and the City Attorney was instructed to prepare a resolution
approving Variance Application 72-46, subject to conditions of approval contained in
the Commission report dated August 14, 1972, except that condition 6A (1) was deleted
and condition 6A (5) was amended to read: "There be a mini/nun% of 44. 5% open space",
on motion of Councilman Serrin, seconded by Councilman Villa and carried on the
following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Villa, Evans, Griset, Patterson,
Yamamoto
None
Markel
RECESS
At 8:55 P.M., a five minute recess was
called° The Council reconvened at 9:05
P. M., with all Councilmen present.
ORDINANCE NS-1131 ORDINANCE NS-iiSi AN ORDINANCE
PARK ACQUISITION AND OF THE CITY COUNCIL OF THE
DEVELOPMENT FEES 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 adopted, on motion of Councilman Patterson,
seconded by Councilman Villa and carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Villa, Griset,
Herrin, Evans, Markel
None
Yamamoto
The following persons spoke in favor of the ordinance:
Mrs. Thomas F. KearneM, 901 N. Mirasol;
Carl Swartz, representing Mabury Homeowners Association.
The proponents stated that additional parks and recreational facilities were needed;
that time and land are running out; that the proposed fee increase will provide relief
from additional taxes to the homeowners; and they recommended immediate adoption
of the ordinance.
The following persons spoke in opposition to the ordinance:
Gene Hoggatt, Z0Zl East Fourth St;
Royce W. Coin, 800 North Main Street, representing the Building
Industry Association.
CITY COUNCIL MINUTES -358- SEPTEMBER 5, 1972
ORDINANCE NS-1131
PARK ACQUISITION & DEVELOPMENT FEE - (Continued)
The opponents confirmed with the City Manager that there are presently 205 acres
of parks, with an additional 130 acres undeveloped; that the present City standard is
g acres per 1,000 population, with present population at 170,000. It was also stated
that developers' fees in the City had been greatly increased over the past two years;
that the City's general fund or a bond issue should bring the City up to its park
standard; that the park fee is a regressive tax which falls only on the developer and
is unfair, serving only to cheapen new development; and that price and wage guide-
lines should be adhered to in determining fee increases.
Letters to Council in support of the ordinance were received from the following
persons:
Mr. & Mrs. Lester H. Davis, 1019 Fairbrook Lane; and
Glen Evans, Chairman of the Board of Recreation and Parks.
RECESS
At 9:25 P.M., a recess was declared.
The Council reconvened at 9:33 P~M.,
with all Councilmen pr esent.
SALARY AND BENEFITS Three separate Memoranda of
Understanding, between the City and
(1) the Santa Aha City Employees
Association; (2) the Santa Aha Firemen's Benevolent Association; and (3) the Santa
Ana Police Benevolent Association, all dated August 31, 1972, and executed on behalf
of the three Associations and the City, were approved on the unanimously carried
motion of Councilman Herrin, seconded by Councilman Yamamoto.
The salary and benefit recommendations for Department Head positions contained in
a report from the Acting City Manager dated August 31, 1972, were approved on the
unanimously carried motion of Councilman Herrin, seconded by Councilman Yamamoto.
RESOLUTION 72-99 AMENDING SECTIONS 2 AND 3 OF RESOLUTION NO. 58-281,
was unanimously adopted on motion of Councilman Herrin, seconded by Councilman
Yamamoto.
The full reading of Resolution 72-100 was waived on the unanimously approved motion
of Councilman Patterson, seconded by Councilman Evans.
RESOLUTION 72-100 AUTHORIZING A SALARY ADJUSTMENT FOR EMPLOYEES
HIRED UNDER THE EMERGENCY EMPLOYMENT ACT OF 1971 (PEP) was adopted,
by title only, on motion of Councilman Evans, seconded by Councilman Patterson, with
Councilman Herrin dissenting.
CITY MANAGER'S ABSENCE The City Manager's request to attend
the Annual Conference of the International
City Management Association, September
17-Z0, 1972, inclusive, was unanimously approved on motion of Councilman Herrin,
seconded by Councilman Yamamoto.
CITY COUNCIL MINUTES -359- SEPTEMBER 5, 1972
LIBRARY BOARD Councilman Markel stated that attendance
at Library Board meetings had been very
poor recently and expressed his opinion
that all matters pertaining to the Library could be ably managed by the Library Directo~
He requested a report and recommendation from Staff regarding the dissolution of the
Library Board°
SPECIAL MUNICIPAL Mrs° Janice Boer, 912 North Lowell
ELECTION - NOV. 7, 1972 stated that on September 16, 1967, she
had filed, with a former City Council,
a statement, signed by eight members of the Property Owners Protective League, Inc.
which declared that any future item presented to Council over her signature was to be
considered as having been presented by the corporation.
After reading it aloud, Mrs. Boer filed a letter, dated September 5, 1972, signed by
Milton Newcome and Donald E. Hill, Secretary and Treasurer, respectively of the
Property Owners Protective League, Inc., regarding September 1 Attorney's Opinion
#72. The letter informed the Council that Mrs. Boer had acted with their knowledge
and full approval when she had submitted a con argument to the Clerk of the Council
on August 30, 1972, relative to the November 7 Election ballot Bond Proposition B,
pertaining to sewers and storm drains.
She requested that Council take appropriate action to straighten out the matter.
ADJOURNMENT
man Evans°
The meeting was adjourned at 9:45 P.M.,
on the unanimously carried motion of
Councilman I-]errin, seconded by Council-
Florence I. Malone
Clerk of the Council
CITY COUNCIL MINUTES
-360-
SEPTEMBER 5, 1972