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HomeMy WebLinkAbout01-15-1973MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA January 15, 1973 The meeting was called to order at 2:05 P.M. in the Council Chambers of the City Hall Annex, 530 North Ross Street, with the following Councilmen present: Wade Herrin, J. Ogden Markel, Ray Villa, Harry K. Yamamoto, and Mayor Lorin Griset. Councilman Jerry M. Patterson arrived at 2:10 P.M. and Councilman Vernon S. Evans arrived at 7:30 P.M. Also present were City Manager Bruce C. Spragg, City Attorney James A. Withers, Director of Planning Charles C. Zimmerman, Director of Public Works Ronald Wolford, and Clerk of the Council Florence I. Malone. HOUSING AUTHORITY At 2:07 P.M., Council recessed to convene the Housing Authority. The meeting reconvened at Z:15 P.M. with the same Councilmen present. MINUTES The Minutes of the Regular Meeting of January 2, 1973 were approved as submitted, on motion of Councilman Yamamoto, seconded by Councilman Herrin, and unanimously carried. CONSENT CALENDAR The following Agenda items were removed from the Consent Calendar: Item 5 G requested by Councilman Yamamoto; and Items 3 B and 14 B requested by Councilman Markel. On motion of Councilman Villa, seconded by Councilman Patterson, and unanimously carried, Council affirmed the recommended action on the following Consent Calendar items: BID CALLS for bids on the following: Approved plans and specifications, and authorized advertisement PROJECT 7028 - Paint Six Million Gallon Tank at West Station, 207 South Mountain View Street; opening date, February 13, 1973 at 2:00 P.M. AGREEMENTS agreements: Approved and authorized the Mayor and Clerk to execute the following ENCROACHMENT AGREEMENT - Agreement to Remove Encroachment between the City and C. J. Skirvin of Skirvln Tire Shop to construct a sign at 1226 North Harbor. CITY COUNCIL MINUTES 17 JANUARY 15, 1973 CONSENT CALENDAR - (Continued) EDNA PARK SITE LEASE - between the City and the Orange County Flood Control District for City lease of Edna Drive Park Site for 25 years. TRAFFIC Received and ordered filed report of control devices removed or installed December 27, 1972 through January 10, 1973, inclusive. ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and ordered filed the following Alcoholic Beverage License Applications: BAGSTAD, Eldon W., southwest corner of First and Harbor, Off Sale General, Original; FRANK'S ENTERPRISES, 150 MacArthur, Off Sale General Original; KIDD, Hazel J., 1530 S. Greenville, Off Sale General, Original; DRAKE, John R., 2225 S. Main St. , Off Sale General, Original; HERNANDEZ, Maria J. and Steve S., and RESENDIZ, Gerardo A., 1019 W. Walnut, Off Sale Beer & Wine, Person to Person Transfer; and the City Attorney was instructed to file a protest with the Alcoholic Beverage Control Board on the following application: DAILEY, John "D", 3601 West First Street, On Sale Beer, Person to Person Transfer, (Protest by Police Department); 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: SUTCLIFFE, Leo H. and Lillian L., 2525 "I" West 17th, On Sale General,Bona Fide Public Eating Place, Original. SOLICITATION APPLICATIONS Approved the following solicitation application: GIRLS CLUB OF GARDEN GROVE, INC. , Candy sale, door-to-door, to purchase craft supplies, from January 10, 1973 to January 27, 1973. CITY COUNCIL MINUTES 18 JANUARY 15, 1973 CONSENT CALENDAR - (Continued) VARIANCE AND CONDITIONAL USE PERMIT Received and ordered filed the following applications: VA 72-85, FIRST WESTERN BANK - To install a temporary building for a savings and loan office until the permanent facility has been constructed, at 3875 S. Bristol Street; APPROVED. CUP 72-23, CA_MILE CHRISTIAN CHURCH - To establish a day care center and expand an existing church facility, at 837 East Bishop Street; APPROVED. DEEDS, NO CASH Received and ordered filed GRANTEE, CITY a report of No-Cash Deeds accepted by the City Manager, pursuant to Resolution #69-156, from December 28, 1972 through January 10, 1973, inclusive. DEED WITH CASH GRANTOR, CITY in connection with the sale: Approved the following deed and authorized the Mayor to sign all necessary documents Linger, et al., north side of Seventeenth, east side of French, Court settlement. FINAL TRACT MAP Approved the final map, accepted the dedications thereon, and the bonds, and authorized execution of the subdivision agreement, on the following: MAP :#7711 - South side of MacArthur Boulevard, 350 feet west of Bear Street, 182 lots. SURPLUS PROPERTY Declared surplus and authorized the demolition of the following property, and the retention of the 6-foot concrete block wall: SURPLUS PROPERTY REPORT #73-1 - for improve- ments located at 419 East Fifth Street. ALCOHOLIC BEVERAGE Following the approval of the LICENSE APPLICATION Consent Calendar, John Dailey, JOHN "D" DAILEY 13222 Magnolia Blvd. , Garden Grove, spoke on his behalf after being advised by the Mayor that Council had already instructed the City Attorney to prepare a letter of protest on his application. He stated that he had been unable to get an arrest record from the Police Department before making his application and that most of his police record involved arrests made 25 or 30 years ago. CITY COUNCIL MINUTES 19 JANUARY 15, 1973 CONSENT CALENDAR - (Continued) Councilman Herrin stated that he had depended on the recommendations made by the Police Department when casting his vote, and suggested to Mr. Dailey that if he felt his conduct in recent years warranted approval, that he contact the Police Department and convince them so that they would withdraw their protest. * * * ~-~ * * * * * * * CONSENT CALENDAR FINIS * * * * * * * * * * * AGREEMENT On motion of Councilman BROADWAY OVERCROSS Yamamoto, seconded by Councilman Villa, with Councilman~ Markel voting NO, Council approved and authorized the Mayor and Clerk to execute the following agreement: BROADWAY OVERCROSS (AGREEMENT NO. 2759), between the City and the State of California, Division of Highways, for financing and administration of the Broadway Overcros s Project at the Santa A_na Freeway. ALCOHOLIC BEVERAGE Councilman Herrin's motion LICENSE APPLICATION to receive and file the follow- ing ABC application was seconded by Councilman Patterson, and carried on a 541 vote, Councilman Yamamoto dissenting. DESANTIS ENTERPRISES, INC. , 315 West 17th Street, On Sale Beer, Person to Person Transfer. SURPLUS PROPERTY On motion of Councilman REPORT ~73-2 Yamamoto, seconded by Councilman Patterson, and unanimously carried, Council set for public auction at 7:30 P. M. , on February 20, 1973, the sale of the following property to th~ highest bidder subject to conditions contained in the Surplus Property Report: Old City Hall, located on the southeast corner of Third and Main Streets. READING WAIVED On motion of Councilman Herrin, seconded by Councilman Yamamoto, and unanimously carried, the full reading of ordinances and resolutions, the titles of which appeared on the public Agenda, was waived. ORD. NS-Il50 AN ORDINANCE OF THE DOWNTOWN REDEVELOPMENT COUNCIL OF SANTA ANA CREATING A COMMUNITY REDEVELOPMENT COMMISSION FOR THE CITY OF SANTA ANA PURSUANT TO THE COMMUNITY REDEVELOPMENT LAW was adopted on motion of Councilman villa, seconded by Councilman Patterson, and carried on the following roll call vote: CITY COUNCIL MINUTES 2O JANUARY 15, 1973 AYES: NOES: ABSENT: Villa, Patterson, Griset, Yamamoto Herrin, Markel Evans Prior to voting, Mr. Joe Gilmaker, 308 West 4th Street, spoke against the adoption of the ordinance, stating that he had met with members of the redevelopment agency in Long Beach and had been told that they were not going to sell revenue bonds because they were too expensive; that they were going to receive Government urban renewal money and that their downtown area would be last to be redeveloped since the government money would go for residential purposes. Pie further stated that there were many sitting on the Council who had a conflict of interest, that the redevelopment plan was being pushed by a small group of property owners and businessmen, and requested that the matter be submitted to the people for a vote. Councilman Patterson requested that Mr. Gilmaker give to Council any information he may have as to any member of Council who may have a conflict of interest. In response, Mr. Gilmaker stated that the Mayor was a property owner downtown. Councilman Patterson reminded Mr. Gilmaker that the City Attorney had previously ruled that the Mayor had no conflict of interest. Mr. Gilmaker then referred to insurance sales by Councilman Villa to property owners in the downtown area. Councilman Villa stated that if Mr. Gilmaker knew of any insurance accounts in the downtown area, he would like to know about them so that he could collect the commissions; that it was irresponsible to make remarks that could not be substantiated; that there should be a limitation as to how far a citizen could go in making irresponsible charges. He requested Mr. Gilrnaker to give him names of persons to whom he had sold insurance in the downtown area or to anyone who would conflict in any way with redevelopment. Mr. Gilmaker stated that Mr. Villa had previously told him that he had accounts in the downtown area, and Councilman Villa stated that he had not made that statement. Mr. Gilmaker then apologized and stated that he must have misunderstood Councilman Villa. Pauline Lockwood, representing the League of Women Voters in the Santa Ana, Tustin, and Orange area, stated that their organization had watched with concern the redevelopment proposals; that the jurisdiction of the proposed redevelopment agency included a large area and that thousands of people lived within the area. She asked if the residents of the affected area would be represented on the commission and had there been any provisions made for the relocation of people in the area. The Mayor responded that the area she had mentioned was only the survey area; that there was a difference between the survey area and the project area to be determined by the commission; that the project area may be only a small part of the survey area; that the residents in the area would be represented only as they are represented in the City Council and that any action taken would be subject to public hearing; and that a policy had been established that much concern would be given to those who had to be relocated. CITY COUNCIL MINUTES 21 JANUARY 15, 1973 Councilman Markel requested the City Attorney to give an explanation as to what would be considered a conflict of interest pertaining to the redevelop- ment issues. The City Attorney responded that when the project area had been determined, all members of the City Council, Planning Commission, or any commission that is a subdivision of the Council, and the Redevelopment Commissioners must disclose in writing any property that they own in the project area, and that they would be prohibited from acquiring additional property in the Billy C. Hall, Executive Director of the Santa Ana City Center Association, spoke in favor of the adoption of the ordinance, stating that their Board of Directors had discussed the participation of the Councilmen in the redevelopment program and had discussed the names presented for the Commission, and that they did not feel any conflict of interest existed and that they had nothing but extreme faith in the Council and those on the Commission. RES. 73-1 RESOLUTION 73-1 AMENDING HOUSING COORDINATOR SECTION 3 OF RESOLUTION NO. 58-281 TO ADD CLASS TITLE OF HOUSING COORDINATOR was adopted on motion of Councilman Villa, seconded by Councilman Patterson, and carried on a 4-2 vote, with Councilmen Herrin and Markel dissenting. BIKE-A-THON The request contained in the letter dated December 27, 1972, from the American Cancer Society, Orange County Unit, for the inclusion of Santa Aha in one of their proposed routes for a fund raising Bike-a-thon throughout Orange County, was approved subject to applicable Code and Administrative procedure requirements, on motion of Councilman Yamamoto, seconded by Councilman Patterson, and unanimously carried. POOL FENCING ORDINANCE Council considered the letter MAN-MADE LAKES from Covington Brothers, dated January 3, 1973, request- ing to speak at the meeting. Mr. Richard HIuffman, Vice President of Covington Brothers, 2451 E. Orangethorpe, Fullerton, stated that he would like to make a presentation regarding their proposed 182-unit development at 1950 MacArthur Boulevard which would include a 2-1/2 acre lake, and the possible exemption from compliance with Section 1501 of the Building Code requiring that the lake be fenced. The City Manager stated that the City ordinance requires fencing for any body of water over 18 inches deep, and that the City would have no objections to considering, an amendment if safety provisions could be provided; that the City would be pleased to consider the developer's safety designs; that an amendment could be made to the existing code; that there already was a Section of the Building Code providing for an alternative design of equal safety, however, staff had informed him that no specific designs had been presented; that the City was concerned about depth, access, slope, and the possible use of the lake for boating and recreational purposes; that there were no natural lakes in Santa Ana; and that an amendment to the code to CITY COUNCIL MINUTES ZZ JANUARY 15, 1973 provide for a man-made lake had already been drafted in anticipation of the need. Mr. Huffman stated that they objected to the in-depth requirements which meant a 90 to 120 day delay in their plans; that they were ready to begin grading; that they had been alarmed when they found that Santa Aha was the only city with that ordinance and shocked that they would have to enclose their beautiful lake with a five foot fence; that they had not been permitted to submit plans without saying that they would build a fence; that there were no fences around the lakes at Lake Forest; that he;had been raised on the shores of Lake Michigan and it had not been fenced; that he had never seen a lake that was fenced; that he had hired the top lake consultant in the country to make a presentation to resolve the time delay problem and apathy on the part of the Building Department who would not allow them to get the job done; that they had ,offered to pay additional costs in order to have their plans expedited; that the present ordinance was inflexible and unworkable. Councilman Yamamoto's motion to refer the matter to staff, was seconded by Councilman Villa, and unanimously carried. TRACT 7494 The letter from Grant POLICE ENFORCEMENT Corporation dated January 9, 1973, requesting police enforcement according to California Vehicle Code on all private streets as shown on Tract Map 7494 recorded January 27, 1972, was referred to staff for investigation and report on motion of Councilman Herrin, seconded by Councilman Yamamoto, with Councilman villa voting NO. PROPERTY MAINTENANCE Council considered the ORDINANCE f report of the Director of Building Safety dated December 28, 1972 incorporating a copy of the property maintenance ordinance of the City of Inglewood, and the Director's Interim Progress Report, dated Januaryll, 1973, regarding the possible adoption of a property maintenance ordinance for the City. The City Manager stated that additional staff meetings would be required before a final draft of a proposed property maintenance ordinance could be prepared, but invited Council to give to staff any suggestions or guide- lines they might have. Councilman Herrin stated that he would not want to give the power to the City to fo,rce maintenance of an individual's property. Councilman Villa stated that he felt that Inglewood had a very good property maintenance ordinance and that a similar one was needed by the City to upgrade the downtown. Councilman Patterson stated that he was in favor of the wording of the Inglewood ordinance in general, however, that certain ambiguous wording and overly stringent provisions should be deleted. Mr. Billy C. Hall, Executive Director of the City Center Association, stated that his organization was in favor of a property maintenance ordinance and requested that it include provisions regarding the cleaning up of debris from in front of and around vacant buildings. CITY COUNCIL MINUTES 23 JANUARY 15, 1973 RECESS with the same Councilmen present. At 3:45 P.M., a recess was declared. The meeting reconvened at 3:55 P.M. ADDITION TO The report of the City Manager VICE SQUAD dated January 4, 1973, regard- ing the possible addition of a position to work with the vice detail in the Police Department, was received and ordered filed on motion of Councilman Herrin, seconded by Councilman Patterson, and unanimously carried. The report stated that the Police Administrators concurred that additional staffing was needed in the vice program; however, that all police depart- mental staffing needs should be evaluated and reviewed after the new Police Chief arrives in February, 1973, and that decisions concerning staffing should be deferred until that time. SUMMARY OF COUNCIL The Summary of Council REFERRALS Referrals dated January 15, 1973, containing a list of pending action items referred to staff by Council was received and ordered filed by informal unanimous approval. ORAL COMMUNICATIONS A copy of a letter dated FLOMAR KENNELS January 15, 1973, from H. Lawson Mead, of the law firm of Miller, Nisson & Kogler, 2014 North Broadway, representing Mr. and Mrs. James Henry, owners of Flomar Kennels , to Bruce E. Harrington, of the law firm of Kalmback, DeMarco, Knapp & Chillingworth, 550 Newport Center Drive, Newport Beach, representing the Alison Company, was received and ordered filed on motion of Councilman Herrin, seconded by Councilman Villa, and unanimously carried. The communication was presented to Council by Mr. Mead, and set forth the intentions of both parties to prepare an agreement settling the problems existing as a result of the proximity of the apartments being constructed by the Alison Company to the kennels owned by Mr. and Mrs. Henry. Mr. Mead asked Council to consider an amendment to Section 5-60 of the Municipal Code which would prohibit residents living within 200 feet of a kennel from filing barking dog complaints. The City Attorney stated that he had just received the communication and had not had a chance to read it, but that the matters had been discussed with either himself or members of his staff. Mayor Griset reminded Mr. Mead that the matter had been referred to the City Attorney and expressed concern that Mr. Mead had presented Council with a communication without first going through the City Attorney's office. Mr. Harrington stated that the communication presented by Mr. Mead did accurately reflect their proposed agreement and requested that the City share in the costs incurred in insulating and screening the Flomar Kennels to the extent of one-third of the estimated $5,000.00 cost. CITY COUNCIL MINUTES 24 JANUARY 15, 1973 Mayor Griset stated that the matter being discussed was legal in nature and that Councll would not be prepared to accept responsibility for the City-paying any amount; that Council was interested and hoped that the parties could move ahead with a resolutlon of the problem, however, they would not be able to act without the advice of the City Attorney. ORAL COMMUNICATIONS NEW COUNCIL CHAMBERS Councilman Villa asked when Council would be moving into the new Council Chambers. The City Manager stated that he had a memorandum from the Public Works Department indicating that the audio-visual work was to begin that week and that the contractors would have 75 working days to complete the job. ORAL COMMUNICATIONS Councilman Markel stated that he had had quite a number of inquiries from citizens stating that certain bus stops were not being used frequently enough to warrant a stop, and suggested that a survey be made as soon as possible to eliminate one-half of the bus stops. The Mayor referred Councilman Markel's suggestion to staff. After some discu~ssion, Council info,rmally agreed that the new bus system should be given a sufficient amount of time to increase the amount of their passengers before any elimination of bus stops is recommended. Councilman Markel referred to a letter that he had received from Dr. Walter T. Flaherty, 17502 Irvine Boulevard, dated January 10, 1973, and Councilman Patterson's motion to refer the letter to staff, including the City Attorney, for a report, was seconded by Councilman Villa, and unanimously carried. Councilman Markel stated that he had recently visited the County Communications Center and that he had observed tremendous advancement in communications and that the equipment being used had a rating from Westinghouse indicating it was the best and highest rated communications system in the United States; that any City Fire Department, equipment or Police equipment could be repaired at the center at no expense for labor to the City; and that he had been very much impressed. RECESS At 4:50 P.M., the meeting was recessed to 7:30 P.M., at which~iime it was reconvened with all Council members present. Following th'e Pledge of Allegiance to the Flag, the Invocation was given by The Reverend Leslie Zimmerman, of Goodwill Industries. SPECIAL ORDER OF THE DAY In recognition of National Kiwanis Club Week, the Mayor presented Mr. Mas Uyesugi, of the Santa Aha Kiwanis Club, with a Proclamation. Mr. Uyesugi~ read,the purposes and objectives of Kiwanis Club and stated that their theme for 1973 was "Share My Life". He presented the Mayor with a plaque making him an honorary member. CITY COUNCIL MINUTES Z5 JANUARY 15, 1973 PUBLIC HEARING; APPEAL $313 The Mayor opened the public MINOR EXCEPTION 7Z-Z3 hearing on Appeal #313 filed LOUIS F. OLIVAREZ by Louis F. Olivarez, appeal- ing the Zoning Administrator's denial of Minor Exception 7Z-23 to construct a fence, 6'6" high, in the front setback area at 523 and 605 North Jenkins Street. The Director of Planning showed a slide of the zoning in the neighborhood and passed the file around to Council so that they could see the quality of fencing .involved. He stated that he had sent notice of the Minor Exception application to the residents of the four abutting lots and had received no written or verbal protests. The following persons spoke in favor of the appeal: George Verene, 6 02 North Jenkins Clara Verene, 602 North Jenkins Dolores Hernandez, 519 North Jenkins Joe Flores, 446 South Flower Denzil Tadlock, 609 North Jenkins The proponents stated that the fence was beautiful; that it improved the neighborhood and was an asset to the community. Cart J. Forbes, 610 North Jenkins, stated that his only objection to the fence was its height; that Mr. Olivarez had known at the time he built it that there was a 4 foot limit; that he had not been allowed to put up a five foot fence and wondered why another man could put up a six foot fence. Mr. Louis F. Olivarez, the appellant, presented photographs of his fence to Council. Councilman Herrin's motion to grant the appeal and instruct the City Attorney to prepare a resolution approving Minor Exception 72-23 was seconded by Councilman Villa, and carried on the following roll call vote: AYES: I-te~ ~in, Villa, NOES: Yamamoto ABSENT: None Evans, Griset, Patterson, Markel TAXICAB PERMITS The City Attorney stated that since the last meeting, negotiations had been underway between his office and the attorneys representing Blue-White Cab Co. and Yellow Cab Co. regarding the twelve permits authorized by Council on November 20; that the attorney representing Blue-White Cab Co. had represented that his client, Gordon P. Wiggins, had control over UTO, Inc., and was prepared to surrender the ten permits issued to UTO, Inc.; that his office had not yet received the documentation enabling them to proceed; that Council could either conditionally approve the issuance of the twelve available permits to Gordon P. Wiggins contingent upon receiv- ing the UTO documentation from Mr. Wiggins' attorney, or carry the decision on the matter to the next meeting. Councilman Evans' motion to receive and file (with right to re-apply) the letter dated January 15, 1973, from Melvin F. Cohen, Attorney at Law, 401 Civic Center Drive West, was seconded by Councilman Patterson, and unanimously carried. CITY COUNCIL MINUTES 26 JANUARY 15, 1973 Councilman Patterson's motion to issue twelve permits to Gordon P. Wiggins, doing business as Blue-White Cab Co., subject to Mr. Wiggins' surrender to the City Attorney of the ten permits held by UTO, Inc. in a fashion acceptable to the City Attorney, was seconded by Councilman Villa, and carried on the following roll call vote: AYES: Patterson, Villa, Evans, Herrin NOES: Griset, Yamamoto, Markel ABSENT: None WILLOWICK GOLF COURSE Council continued consideration of negotiations between the City of Santa Aha and the City of Garden Grove concerning Willowick Golf Course to the meeting of February 5, 1973, on motion of Councilman Herrin, seconded by Councilman Patterson, and unanimously carried. Prior to voting, a petition, bearing 425 signatures, requesting development of a park site in the Willowick area, was filed with the Clerk by Romero Garcia, 511 West 16th Street, and was ordered received and filed on motion of Councilman Ylerrin, seconded by Councilman Patterson, and unanimously carried. Mr. Douglas Clark, 1510 North Mar-les Drive, spoke against the de-annexation of the golf course by the City. RECESS with all Council members present. At 8:35 P.M., a recess was declared. The meeting reconvened at 8:40 P.M. BUDGET REVISIONS Council approved the proposals FOR 1972-73 contained in the report of the City Manager dated January 8, 1973, and amended the 1972-73 fiscal year Budget as indicated on the summary computer printout sheets attached to the report, on motion of Councilman Evans, seconded by Councilman Yamamoto with Councilman Markel voting NO. Prior to voting, Councilman I-lerrin stated that he still was not convinced of the need for relocating the fire station, and asked what advantage there was in the relocation. In response, the City Manager stated that the fire station was being relocated to serve the area around the Broadway/Main Street complex where high value developers would be looking for good fire protection. Councilman Markel stated that he felt more money should go toward the improvement of First Street. EXECUTIVE SESSION matters. At 8:50 P.M., the meeting was adjourned to an Executive Session to consider legal CITY COUNCIL MINUTES 27 JANUARY 15, 1973 ADJOUi~NMENT The meeting reconvened at 9:25 P.M., with all : Councilmen present and was adjourned on motion of Councilman l~atterson,, zeconded:by Councilman Villa and unanimously carried. Florence I. Malone · Clerk of the Council CITY COUNCIL MINUTES 28 JANUARY 15, 1973