HomeMy WebLinkAbout02-05-1973MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
February 5, 1973
The meeting was called to order at Z:00 P.M. by Vice Mayor Wade Herrin
in the Council Chambers of the City Hall, 22 Civic Center Plaza, with the
following Councilmen present: Vernon S. Evans, J. Ogden Markel, Ray
Villa, Harry K. Yamamoto, and Vice Mayor Wade Herrin. 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. Councilman
Jerry M. Patterson arrived at 3:30 P.M.
SPECIAL RECOGNITION The City Manager introduced
the newly appointed Police
Chief, Raymond C. Davis,
and presented to him the official badge of office. The Manager stated that
this was the first day on the job for Chief Davis, formerly Police Chief
of the City of Walnut Creek, California. (CA-47)
EXECUTIVE SESSION
and personnel matters.
Council recessed to an
executive session at 2:10
P. M., to consider legal
The meeting reconvened at 2:50 P.M., with the same Councilmen present.
The Vice Mayor welcomed students from the Fifth Grade at Fitz School,
who had arrived to observe the proceedings. (CA-38)
CONSENT CALENDAR The following Agenda items
were removed from the
Consent Calendar: Item 10 A
requested by Mrs. Thomas Kearney, 901 N. Mirasol; Items 5 C, 5 F,
5 G, 5 H, 5 I, and 6 A requested by Councilman Yamamoto; Items 3, 1 D,
5 D, 6 B and 7 B requested by Councilman Markel; and Item 10 B requested
by Mr. Russell Conk, 321 SouthTustin Avenue, Orange.
On motion of Councilman Evans, seconded by Councilman Yamamoto, and
unanimously carried, Council affirmed the recommended action on the
following Consent Calendar items:
BID CALLS
following:
Approved plans and specifica-
tions, and authorized adver-
tisement for bids on the
SPEC. 73-001 - Two Diesel Powered 1,000 Gallon
Tripl e Combination Pumpers; opening date, March 20,
1973, 2:00 P.M. (CA-89)
CITY COUNCIL MINUTES 29 FEBRUARY 5, 1973
CONSENT CALENDAR - Continued
SPEC. 73-002 - Drapery Material for Various
Offices in City Hall and Council Chambers;
opening date, February 22, 1973, at 2:00 P.M. (CAr89)
SPEC. RS 8-003 - One Diesel-Powered One Hundred
(100) Foot Tractor-Drawn Aerial Ladder Truck;
opening date, March 20, 1973 at 2:00 P.M. (CA-89)
PROJ. 1326 C - MacArthur Boulevard from Plaza
Drive to Bear Street and PROJ. 1327 B - Bear Street
from Wakeham Avenue to MacArthur Boulevard;
opening date, March 27, 1973 at 2:00 P.M. (CA-89)
BID AWARDS Rejected all bids received,
in accordance with the
recommendation from the
Director of Public Works dated January 23, 1973, for the following:
PROJ. 7020 - Repair One Million Gallon Elevated
Tank. (CA-89)
Awarded contracts as follows on the basis of lowest, best and most
responsible bidder:
PROJ. 7021 - Paint One Million Gallon Tank; to John
Pavich Painting and Decorating Company, Arleta. (CA-89)
SPEC. 72-025 - One (1) Animal Collection Body; to
Aluminum Body Corporation, Montebello. (CA-89)
TRAFFIC Received and ordered filed
report of control devices
removed or installed
January 11 through January 18, 1973, inclusive. (CA-18.3a)
ALCOHOLIC BEVERAGE
LICENSE APPLICATIONS
Received and ordered filed
the following Alcoholic
Beverage License Applications:
MASCOLAS, NEWBRO, David G. and BETTIS,
W.F., 1615 E. 17thSt., Stock Transfer, On
Sale General (Bona Fide Public Eating Place). (CA-146)
LUCKY TWO, INC., KIDD, Hazal J., VASQUEZ,
Sharon L., and KIDD, Tom S., 1530 S. Green-
ville, Original, Off Sale General Priority ~Z1. (CA-146)
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 sub-
ject to the }viinor Exception Permit procedure:
JUGGERT, Norman Gregg, 3709 S. Bristol. (Protest-
within 300' of residential area. ) (CA446)
CITY COUNCIL MINUTES 30 FEBRUARY 5, 1973
CONSENT CALENDAR - Continued
SOLICITATION APPLICATIONS
Approved the following
solicitation applications:
GIRL SCOUT COUNCIL OF ORANGE COUNTY, Cookie
Sale, door-to-door selling, with booth sales to dispose
of unsold cookies, February 23, 1973 to April 9, 1973.
(CA-91)
BLACK AND BROWN, T.C.B., sale of dance tickets;
door-to-door; for sickle cell anemia; February 7 - 23,
1973, inclusive. (CA-91)
MINOR EXCEPTIONS
AND VARIANCES
Received and ordered filed
the following applications:
VA 72-88, WILSHIRE PRESBYTERIAN CHURCH -
To provide health care services on property in the
R Z District at 1242 W. Raymar Street; APPROVED.
(CA-13)
MINOR EXCEPTION 73-1, FIRST WESTERN BANK
& TRUST CO. - To allow on sale beer and wine in a
restaurant within 300' of a residential district, in
the C R District at 3709 S. Bristol St.; APPROVED.
(CA-13.2)
MINOR EXCEPTION 73-2-, Cai Enterprises - To
construct a restaurant with on sale liquor within
300' of a residential district in the C 2 District
at 2527 South Main Street; APPROVED. (CA-13.2)
PUBLIC PROPERTY USE
Ratified administrative
approval of the following
application:
SOUTHWEST YOUTH COUNCIL open air meeting at
2215 Center, from January 25, 1973 - February 3,
1973, inclusive, from 12:00 Noon to 10:00 P.M. (CA-45.1)
Approved the following application subject to all applicable fees and
insurance requirements set forth in Santa Aha Municipal Code Sec-
tion 2-740 et seq.
SANTA ANA WINDS YOUTH BAND, ET AL. , Second
annual "California Band Review", use of Municipal
Bowl Parking Lot, County Sheriff's Parking Lot,
Municipal Bowl, and streets as indicated in the
application; on November 23, 1973, from 10:00 A.M.
to 1:00 P.M. (CA-45.1)
Approved the following application for the indicated modified route:
GARRETT, Martha, procession starting at Santa Ana
College, west on Washington Avenue to Raitt Street,
thence south on Raitt to McFadden Avenue; thence west
on McFadden to 2115 McFadden, in conjunction with
Black History Week, on Februaryl7, 1973, from 2:00 P.M.
to 4:30 P.M. (CA45.1)
CITY COUNCIL MINUTES 31 FEBRUARY 5, 1973
CONSENT CALENDAR - Continued
Approved the following Application for Special License to Use
Public Property:
THE 17TH OF MARCH COMMITTEE, procession along
Main Street from Second to 15th, "Saint Patrick's Day
Parade", on March 17, 1973, from 12:00 Noon to 1:30 P.M.
(CA-45.1)
DEEDS, NO CASH Received and ordered
GRANTEE, CITY filed a report of No-Cash
Deeds accepted by the
City Manager, pursuant to Resolution #69-156, from January 11,
1973 through January 31, 1973, inclusive. (CA-155)
TENTATIVE TRACT MAP
Director's report:
Approved the following
map subject to conditions
contained in the Planning
TENTATIVE TRACT MAP #5411 - Filed by Equity
Specialty Plan, Inc., creating one (1) R 4 lot to be
used for air space condominiums, located generally
on the west side of Sherry Lane, 528 feet north of
Seventeenth Street. (CA-24)
CHANGE ORDERS
Approved the following
Change Order:
PROJECT 6065 - Construct swimming pool fence
extension at Santa Anita Park; Change Order No. 1;
increasing in the amount of $500. (CA-89)
SURPLUS PROPERTY
Declared surplus and
authorized the demolition
of the following property:
SURPLUS PROPERTY REPORT NO. 73-3 - Community
Center Buildings located at 1104 West Civic Center Dr. (CA-45)
* * * * * * * * * * * CONSENT CALENDAR FINIS * * * * * * * * * * *
BID CALL On motion of Councilman
Evans, seconded by
Councilman Yamamoto,
and carried on a 4-1 vote with Councilman Markel voting NO, Council
approved plans and specifications, and authorized advertisement for
bids on the following:
SPEC. 8-005 - One Intensive Care Emergency Rescue
Van 1973 Model; opening date, March 8, 1973 at Z:00 P.M. (CA-89)
CITY COUNCIL MINUTES 3Z FEBRUARY 5, 1973
AGREEMENT RESOLUTION 73-12 -
TOPICS PROGRAM A RESOLUTION OF THE
RES. 73-12 CITY COUNCIL OF THE
CITY OF SANTA ANA
ADOPTING SUPPLEMENT NUMBER 3 TO THE PROGRAM OF LOCAL
AGENCY TOPICS IMPROVEMENT PROJECTS IN THE CITY OF SANTA
ANA was adopted and the Mayor and Clerk were authorized to execute
Supplement No. 3 with revised cost estimates as read into the record by
the Clerk, on motion of Councilman Evans, seconded by Councilman
Villa, and carried on the following roll call vote: (CA-A-73-7)
AYES:
NOES:
ABSENT:
Evans, Villa, Yamamoto
Herrin, Markel
Gris et, Patterson
ALCOHOLIC BEVERAGE Councilman Evans' motion
LICENSE APPLICATIONS to receive and file the
following A. B.C. applica-
tions was seconded by Councilman Villa, and carried on a 4-1 vote,
Councilman Yamamoto dissenting:
MC CARTHY, John J., 2534 W. Westminster,
Person to Person Transfer, On Sale Beer.(CA-146)
MOORE, Richard O. and Mary D., 1815 S. Main
St., Person to Person Transfer, On Sale Beer. (CA-146
ZEB'S WORLD FAMOUS BOATHOUSE, Inc.
Ziemer, Robert R., Lindstedt, Roger P. , and
Zisko, 3ohn T. , 513-15 South Main; Person
to Person Transfer, On Sale Beer (Partnership
to Corporation). (CA-146)
VIEL, Guy, 718 E. 4th St., Person to Person
Transfer, On Sale Beer. (CA-146)
PERALTA, Henry, RAMIREZ, Alicia R., 219
S. Bristol St.; Person to Person Transfer, On
Sale Beer; (CA446)
Councilman Markel requested and received permission to absent himself
from the platform before cons.ideration of the following A. B. C. applica-
tion, and Councilman Evans' motion to instruct the City Attorney to
prepare a letter of protest on the application, was seconded by Councilman
Villa, and unanimously carried on a 4-0 vote:
DANCE-MATE, INC. , 1438½ South Main, Pe'rson
to Person Transfer, On Sale Beer. (Protest -
Bona fide restaurant operation required under
existing CUP). (CA-146 and CA-13.1)
SOLICITATION APPLICATION Council considered the
PRIDE EQUALS RESPECTABILITY application of Pride Equals
AND EQUALITY, INC. Respectability and Equality,
Inc., to solicit funds in
the City by selling candy for a period of 60 days, to finance youth activities
within the City for those local youths who become members of Pride in the
City.
CITY COUNCIL MINUTES 33 FEBRUARY 5, 1973
Councilman Yamamoto questioned why a San Diego organization would want
to solicit in Santa Ana and what benefits the citizens of Santa Ana would
receive. He suggested that staff check with the other cities where solici-
tation haditaken place to ascertain what benefits had been received in
those cities.
Councilman Evans concurred, stating that he was not satisfied that the
money would be used in Santa Aha.
The Clerk read the Police Report indicating no protest of the application.
Councilman Villa pointed out that all of the officers of the corporation were
located in San Diego, and stated that he would like to have more details
concerning membership and participation.
Councilman 1VIarkel's motion to refer the matter to the Manager's office
for a report at the February Z0 meeting, was seconded by Councilman
Yamamoto, and unanimously carried on a 5~0 vote. (CA-91)
SOLICITATION APPLICATION Councilman Markel stated
SOUTHWEST YOUTH COUNCIL that he had intended to
request the removal from
the Consent Calendar of the Solicitation Application of the Southwest
Youth Council to establish funds for transportation of youth participating
in programs 'such as drill unit, church outings, etc. from January 25,
1973 to February 3, 1973, and moved that the matter be reconsidered.
The motion was seconded by Councilman Evans, and unanimously carried
on a 5-0 vote.
Councilman Evans' motion to ratify administrative approval of the
appllcation was seconded by Cou.ncilman Yamarnoto, and carried on a
4-1 vote, with Councilman Markel dissenting. (CA-91)
Councilman Jerry M. Patterson arrived at 3:30 P.M.
CUP 7Z-Z0 Conditional Use Permit
RICHARD C. BRUCE 72-20 filed by Richard C.
Bruce to allow an auto
wrecking yard to include sale of auto parts and usable metals in the Iv[ Z
District, 920 East 6th Street, approved by the Planning Commission, was
received and filed on motion of ~Councilman Patterson, seconded by
Councilman Villa, and unanlmously carried on a 6-0 vote. (CA-13.1)
SOLICITATION APPLICATION The Application for Solicita-
CHILDREN!S HOME SOCIETY tion of Funds filed by Chil-
OF CALIFORNIA dren's Home Society of
California, to operate a
lunch room staffed totally by volunteers, to help support Children's Home
Society and help subsidize the high cost of placing school age children,
multi-racial children and those with physical and emotional problems in
permanent adoptive homes, or supplying long term foster care where
indicated, was approved for a 60-day period commencing February Z0, 1973,
and an exemption from business license tax, pursuant to SAMC Section
21-24 (d), if all otker Municipal Code requirements are satisfied, was
granted on motion of CounciLman Villa, seconded by Councilman Ya~-namoto,
and unanimously carried on a 6-0 vote. (CA-91)
CITY COUNCIL MINUTES 34 FEBRUARY 5, 1973
TENTATIVE PARCEL MAP #785 Tentative Parcel Map #785
EARL DEVELOPMENT CORPORATION filed by Earl Development
Corporation creating one (1)
C 5 and R 1 B parcel for commercial use, and one (1) R 4 and R 1 parcel
for apartments, located generally on the southwest corner of Seventeenth
and Cabrillo Park Drive with a 'waiver of alley requirement was approved
on motion of Councilman Villa, seconded by Councilman Evans, and
unanimously carried on a 6-0 vote.
Prior to voting, Mrs. Thomas Kearney, President of the Citizens for
Fair Zoning Association, stated that she would like to have the action
delayed so that members of her organization and other interested organiza-
tions could have a chance to study the matter and in particular the Environ-
mental Impact Report not yet submitted by the applicant. She 'also
requested that any future required Council action involving the O. K. Earl
Corporation or Earl Development Corporation be placed on the evening
agenda.
H. H. Forman, 2630 North Grand Avenue, spoke in support of the applica-
tion, stating that the application involved only a lot split, not a zone change,
and had been made at the request of Council, and that a delay would be
harmful to the applicant.
Councilman Yamamoto's motion to instruct the Clerk to place all matters
involving'O. K~ Earl Corporation or Earl Development Corporation on
the evening agenda to be heard after all regular business has been con-
ducted, but not later than 11:30 P.lv~., died for lack of a second. (CA-ZS)
TENTATIVE PARCEL MAP #786 Tentative Parcel Map #786
MARGARET K. ZI_I4PELMANN filed by Margaret Ix[. Zimpel-
mann, creating one (1) R 2 B
and C 1 parcel and one (1) R Z B parcel to be used for residential and park-
ing lot purposes, located generally northwest of the intersection of Ross
Street and Seventeenth Street with a waiver of alley requirement, was
approved on motion of Councilman Patterson, seconded by Councilman
Yamamoto, and unanimously carried on a 6-0 vote.
Prior to voting, Mr. Russell Conk, 321 S. Tustin, Orange, spoke in
support of the application. '(CA-25)
RECESS
Councilmen present.
At 4:10 P;M., a recess was
declared. Council reconvened
at 4:15 P. M. , with the same
READING WAIVED On motion of Councilman
Yamamoto, seconded by
Councilman Villa, and
unanimously carried, the full reading of ordinances and resolutions, the
titles of which appeared on the public Agenda, was waived.
CITY COUNCIL MINUTES 35 FEBRUARY 5, 1973
ORD. NS-1152 AN ORDINANCE OF THE
COMMERCIAL KENNELS CITY COUNCIL OF THE
CITY OF SANTA ANA
AMENDING THE SANTA ANA MUAIICIPAL CODE SECTION 5-13 PER-
TAINING TO COMMERCIAL KENNELS was passed to second reading on
motion of Councilman Yamamoto, seconded by Councilman Villa, and
carried on a $-1 vote, Councilman Markel dissenting.
Prior to voting, the following persons spoke in support of the proposed
ordinance, and stated that their respective clients had reached an agree-
ment regarding the construction of an apartment complex less than 200
feet from an existing dog kennel at 9Z1 South Lyon:
H. Lawson Mead, Attorney, 2014 N. Broadway, representing
James and Mary Henry; and
Bruce Harrington, Attorney, 550 Newport Center Drive, New-
port Beach, representing the Allison Company.
(CA-95)
ORD. NS-1153 AN ORDINANCE OF THE
BUILDING,CODE CITY COUNCIL OF THE
CITY OF SANTA ANA
AMENDING THE SANTA ANA MUNICIPAL CODE SECTION 8-90 PER-
TAINING TO THE BUILDING CODE was passed to second reading on
motion of Councilman Evans, seconded by Councilman Villa, and unanimously
carried on a 6-0 vote. (CA-74 and CA-87)
ORD. NS-!155 ORDINANCE NS-1155
GENERAL MUNICIPAL ELECTIO.N P!tOVIDING FOR THE
HOLDING OF A GENERAL
MUNICIPAL ELECTION IN THE CITY OF SANTA ANA, CALIFORNIA, ON
THE 3RD DAY OF APRIL, 1973 FOR THE ELECTION OF FOUR MEMBERS
OF THE CITY COUNCIL, AND FOR VOTING ON A MEASURE PROPOSING
AMENDMENT TO THE CHARTER OF SAID CITY, GIVING NOTICE OF
SAID ELECTION, DESIGNATING POLLING PLACES, HOURS DURING
WHICH THE POLLS SHALL BE OPEN, AND APPOINTING ELECTION
OFFICERS TO SERVE AT SAID ELECTION was passed to second reading
on motion of Councilman Evans, seconded by Councilman Villa, and
unanimously carried on a 6-0 vote. (CA-68 and CA-129)
ORD. NS-1158 AN ORDINANCE OF THE
SWIMMING POOL FENCING CITY COUNCIL OF THE
CITY OF SANTA ANA
ADDING TO CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE was
passed to second reading on motion of Councilman Yamamoto, seconded
hy Councilman Evans, and unanimously carried on a 6-0 vote. (CA-74
and CA-87)
RES. 73-8
CHARTER REVISION
COUNCIL CANDIDATES
RESIDENCE REQUIREMENTS
RESOLUTION 73-8
OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA,
CALIFORNIA, PROPOSING
AN AMENDMENT TO ARTICLE
CITY COUNCIL MINUTES 36 FEBRUARY 5, 1973
IV, DIVISION I, SECTION 401 OF THE CHARTER OF THE CITY OF
SANTA ANA TO REDUCE THE TIME A PERSON MUST BE A RESIDENT
AND REGISTERED ELECTOR OF THE CITY, AND TO REDUCE THE
TIldE A PERSON MUST BE A RESIDENT OF A WARD TO BE ELIGIBLE
FOR NOMINATION FROM A WARD, WHICH AMENDMENTS ARE TO BE
PROPOSED TO THE ELECTORS OF THE CITY OF SANTA ANA AT ITS
GENERAL MUNICIPAL ELECTION TO BE HELD APRIL 3, 1973, was
adopted on motion of Councilman Evans, seconded by Councilman Villa,
and carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Evans, Villa, Herrin, Yamamoto, Patterson
Markel
Griset
(CA-lZ9 and CA-68)
RES. 73-7 A RESOLUTION OF THE
CITY MEASURE ARGUMENTS CITY COUNCIL OF THE
CITY OF SANTA ANA,
CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE
WRITTEN ARGUMENTS REGARDING CITY MEASURE authorizing
Councilman JeMry M. Patterson tO file a written argument for Proposi-
tion A and Councilman J. Ogden Markel to file a written argument against
Proposition A, was adopted on motion of Councilman Evans, seconded by
Councilman Villa, and unanimously carried on a 6-0 vote. (CA-68 and
CA-lZg)
RES. 73'-6 A RESOLUTION OF THE
CANVASS OF ; CITY COUNCIL OF THE
GENERAL MUNICIPAL ELECTION CITY OF SANTA ANA,
CALIFORNIA, ORDERING
THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD
ON THE 3RD DAY OF APRIL, 1973, TO BE MADE BY THE CLERK OF
THE COUNCIL OF THE CITY OF SANTA ANA was adopted on motion of
Councilman Evans, seconded by Councilman Villa, and unanimously
carried on a 6-0 vote. (CA-68)
RES. 73-5 RESOLUTION 73-5, A
COUNTY CLERK'S SERVICES RESOLUTION OF THE
GENERAL MUNICIPAL ELECTION CITY COUNCIL OF THE
CITY OF SANTA ANA,
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF
ORANGE TO PERMIT THE COUNTY CLERK OF SAID COUNTY TO
RENDER SPECIFIED SERVICES TO THE CITY OF SANTA ANA RE-
LATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION
TO BE HELD IN SAID CITY ON APRIL 3, 1973 was adopted on motion
of Councilman Evans, seconded by Councilman Yamamoto, an,d
unanimously carried on a 6-0 vote.
RES. 73-3
APPEAL ~313
LOUIS F. OLIVAREZ
(CA-68)
RESOLUTION 73-3, A
RESOLUTION OF THE
CITY OF SANTA ANA
OVERRULING THE
DECISION OF THE ZONING ADMINISTRATOR AND GRANTING
CITY COUNCIL MINUTES
37
FEBRUARY. 5, 1973
APPEAL #313 TO APPROVE MINOR EXCEPTION PERMIT NO. 72-Z3,
was adopted on motion of Councilman Evans, seconded by Councilman
Villa, and carried on a 5-1 vote, with Councilman Yamarnoto dissenting.
(CA-13.5)
RESIGNATION The letter dated January 25,
PLANNING COMMISSION - 1973, from Waldo R. Haug,
REDEVELOPMENT COMMISSION resigning from the Planning
Commission and the
Redevelopment Commission was accepted with regret on motion of
Councilman Villa, seconded by Councilman Evans and unanimously
carried on a 6-0 vote. (CA-78. l(a) and CA-82.1)
POOL TABLE APPLICATION Councilman Markel
requested and received
permission to absent
himself from the platform, due to a conflict of interest, before considera-
tion of the application of Thomas L. Ports, President, Dance Mate,
Inc. for permit to operate two pool tables at a beer bar - rock club
located at 1438-} South Main Street (property owned by Councilman Markel).
The application was denied on motion of Councilman Yamamoto, seconded
by Councilman Evans, and unanimously carried on a 5-0 vote. (CA~91.1)
ORANGE COUNTY The letter dated January 18,
TRANSIT DISTRICT 1973, enclosing a copy of
a Resolution of the Board
of Directors of the Orange County Transit District, requesting all public
officials responsible for reviewing and approving developments and
improvements in the County of Orange to require adequate pedestrian
access to public streets and highways as a condition of approving said
developments and improvements, was referred to the Planning Commission
for report and recommendation, on motion of Councilman Evans,
seconded by Councilman Villa, and unanimously carried on a 6-0 vote.
(CA-11Z. 2)
INTERGOVERNMENTAL Council considered the
COORDINATING COUNCIL letter from Don E. Smith,
Chairman of the Inter-
governmental Council Committee, calllng the first officlal meeting for
February 9, 1973. Councilman Patterson's motion to appoint Ray Villa
as the official representative at that meeting, and Councilman Jerry M.
Patterson as the alternate was seconded by Councilman Yamamoto, and
unanimously carried on a 6-0 vote. {CA-11Z.13)
TAX COLLECTOR'S SALE Council referred to staff
the letter from the Orange
County Tax Collector
which included the Minutes of the Board of Supervisors approving sale
of certain property in the City, and which requested the City's consent
to the sale, and on motion of Councilman Evans, seconded by Councilman
Villa, and unanimously carried on a 6-0 vote. (CA~ll2.1 and CA-45.3)
CITY COUNCIL MINUTES
38
FEBRUARY 5, 1973
FIRE STATION NO. 6 Council received and filed
the letters from the Plan-
ning Commission and the
Board of Recreation and Parks, dated January 24, 1973 and January 31,
1973, respectively, indicating approval of the proposed construction
Of a fire station within an existing ~l-acre park site.located on MacArthur
between Bristol and Flower Streets, on motion of Councilman Evans,
seconded by Councilman Villa, and unanlnqously carried on a 6-0 vote.
(CA-64 and CA-52)
TRACT 7494 Council received and filed
POLICE ENFORCEMENT the letter from the Grant
ON PRIVATE STREETS Corporation dated January 30,
1973, requesting that their
previous request for police enforcement of private streets within Tract
7494 be withdrawn, on motion of Councilman Yamamoto, seconded by
Councilman Evans, and unanimously carried on a 6-0,vote. (CA-Z5;CA-47)
WATER METER REPAIRMAN I Council considered the
ADDITIONAL POSITION report of the Director of
Public Works, dated
January 23, 1973, setting forth the need for an additional Water Meter
Repairman I in that department. Councilman Villa' s motion to authorize
one additional position of Water Meter Repairman I for the Water Division
of the Public Works Department was seconded by Councilman Yamamoto,
and unanimously carried on a 6-0 vote. (CA-99 and CA-50)
BUS STOPS Council considered the
report of the Director of
Public Works, dated
January 31, 1973, regarding the proposed elimination of one-half of the
bbs Stops requested, by Councilman Markel at the January 15 meeting.
Councilman Yamamoto's motion to retain all present bus stops was
seconded by Councilman patterson, and carried on a 4-2 vote, with
Councilmen Evans and Markel dis,senting. (CA-84~ 4),
ORAL COMMUNICATIONS Councilman Evans referred
to a copy of a memo he had
received to the Park Superin-
tendent from the Acting Tree Foreman dated January 26, 1~73, and
requested the Clerk to make copies 9f the memo and distribute to all
Councilmen. (CA-52)
Councilman Markel stated that he had had an occasion to spend many hours
in the City Library recently doing research and that he wished to express
his complete satisfaction in the.way the Santa Aha Library operates; that
he had found the personnel to be of the highest type and the material he
had requested, some dating back 50 years, had been in excellent shape;
and that he wished to compliment Mr. Howard Samuelson, the Library
Director for the manner in which he is handling the library. (CA-56)
CITY COUNCIL MINUTES
39
FEBRUARY 5, 1973
RECESS At 5:00 P. M. , the meeting
was recessed to 7:30 P.M.,
at which time it was recon-
vened with all Council members present except Mayor Griset, who
arrived at 8:15 ?. M. and departed at 8..45 P.M.. Following the Pledge
of Allegiance to the Flag, the Invocation was given by Chaplain Herman
J. Baerg of the Orange County Medical Center.
ASSESSMENT DISTRICT NO. 215 The Vice Mayor opened the
public hearing, and stated
that since the Mayor was
not present and since the proposed resolutions could not be adopted without
four-fifths VOte of Council, a motion for a continuance would be in order.
Councilman Evans' motion to continue the public bearing and second by
Councilman Villa were subsequently withdrawn.
Prior to the withdrawal of the motion and second, Mr. James Whitaker,
representing Harry Martin Associates, spoke in favor of proceeding
with the public bearing at that time.
F. MacKenzie Brown, the Attorney representing the City on Assessment
District No. 215, stated that construction bids had been received and could
not be held beyond a thirty,day period; and that the bids were favorable
in that they were well below the engineer's estimate.
There was .discussion regarding a continued date, however, the Mayor
was contacted by telephone and stated that he would be able to attend
the meeting for participation in the consideration of the Assessment
District matter only, and Council agreed to close the public hearing
and reopen it upon the Mayor's arrival by informal unanimous consent.
I~UBLIC HEARING The Vice Mayor opened the
AMENDMENT APPLICATION #714 public hearing on Amendment
WILLIAM J. LARDER Application ~714 filed by
William J. Larder to rezone
property located on the south side of Stanford Street between Pacific
Avenue and Raitt Street from the R 1 District to the R 2 District.
The Director of Planning stated that the applicant's request for rezoning
was reasonable, in that the two lots to be rezoned were larger by 1,400
square feet than the minimum square footage required and therefore the
density as designated in the General Plan would not be exceeded; and that
12 of the 16 existing lots having frontage on Stanford Street were zoned
R 2 with 10 of them having existing duplexes.
The Clerk reported no written communications had been received.
Mr. William H. Seeley, 822 South Van Ness, representing the applicant,
was present, and stated he would be glad to answer any questions
Council might have.
There were no opponents in the matter, and the Vice Mayor closed the
public bearing.
CITY COUNCIL MINUTES
4O
FEBRUARY 5, 1973
Amendment Application #714 was approved rezoning the property from the
R 1 District to the R 2 District on motion of Councilman Evans, seconded
by Councilman Markel, and carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Evans, Markel, Villa, Patterson, Herrin
Yamamoto
Griset
Prior to voting, Councilman Yamamoto expressed concern that the approval
of the amendment application established a precedent for rezoning other
sites inthe area to R Z, and, in particular, the large A-lparcel adjacent
to the site.
Councilman Patterson concurred and stated that he was in favor of the
present amendment application only on its own merits, and would not be
in favor of rezoning A-1 property to anything other than R 1.
ORDINANCE NS-1156- AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 714
FILED BY WILLIAM 3. LAi{DER TO REZONE P.ROPERTY IN THE AREA
GENERALLY DESCRIBED AS THE SOUTH SIDE OF STANFORD STREET
BETWEEN PACIFIC AVENUE AND RAITT STREET FROM THE tl 1 DISTRICT
TO THE 1{ 2 DI-STRICT AND AMENDING SECTIONAL DISTRICT MAP 23-5-10
(EXHIBIT A, A. 714-A) ,was passed to second reading on motion of
Councilman Evans, seconded by Councilman Villa, and unanimously carried.
(CA-lO)
PUBLIC HEARING The Vice Mayor opened
AMENDMENT TO ZONING CODE the public hearing to consider
an amendment to Chapter 41
Zoning of the Santa Aha Municipal .Code, involving:the addition of Sections
41-120 and 41-622 to the Zoning Ordinance to provide .for the screening
of mechanical equipment or appurtenances.
The Director of Planning showed slides of various structures and their
mechanical appurtenances; both screened and unscreened.
The Clerk reported no written'cornmunications had been received. There
were no proponents or opponents in the matter, and the Vice Mayor closed
the public hearing.
Coun-cilman Patterson's motion to approve an amendment to Chapter 41 Zoning
of the Santa Ana Municipal Code, involving the addition of Sections 41-120
and 41-6ZZ to the Zoning Ordinance to provide for the screening of
mechanical equipment or appurtenances and to instruct the City Attorney
to prepare~the appropriate documents, was seconded by Councilman
Villa, and carried on- the following.roll call vote: ..
: AYES: Patterson, Villa, Evans, Herrin,.Griset,. Yamamoto, Markel
NOES: '. None .: ' -
,ABSENT: None :
Prior to voting, Councilman Markel stated that he was in favor of the
screening of mechanical appurtenances, however, expressed concern that
the same type of screening may not be effective on all structures and in
some instances might adversely affect equipment.
CITY COUNCIL MINUTES
41 : .~FEBRUARY 5, 1973
In response to a question from Councilman Evans, the Director of Planning
stated that the amended code would not affect present buildings, but only
those erected in the future. (CA-lO.I)
RECESS At 8:25 P.M.. a recess
was declared, and at 8:30
P. M., the meeting recon-
vened, with all Councilmen present. The Vice Mayor acknowledged that
the Mayor had arrived during the preceding public hearing. The Mayor
requested that the Vice Mayor retain the chair for the remainder of the
meeting.
PUBLIC HEARING The Vice ,Mayor opened the
ASSESSMENT DISTRICT #215 : public hearing for the
(MAPLE/COLUMBINE) presentation of protests
or objections to the proposed
construction of certain street improvements together with appurtenances
and all matters contained in Resolution of Intention No. 72-127 relating to
Assessment District No. 215 (Maple/Columbine), and stated that it was
also the time and place for hearing to determine whether or not said pro-
ceedings should proceed without the provisions of Division 4 of the Streets
and Highways Code of the State of California.
The Director of Public Works stated that the proposed project had first
been considered over 10 years ago, and had gotten off the ground by
reason of a petition filed by property owners, and involved the construc-
tion of curbs, gutters, driveways, and paving; that the project bids
received were: well under the engineer's estimate.
The Clerk announced that the Resolution of Intention had been regularly
published and that due notice of the hearing and the adoption of the Resolu-
tlon of Intention had been duly made and given in the manner and form as
prescribed by law and that the following affidavits were on file in her
office:'
Affidavit of Publication,
Certificate of Posting Streets,
Certificate of Mailing Notice, and
Certificate of Filing Boundary Map.
The Clerk reported that she had received one written protest from Mr.
Robert A. Erbacher, 340 E. Alton Street.
The Vice Mayer announced that the hearing was a combined one, and was
also the time and place for presentation and consideration of the construction
bids previously received for Assessment District Z15 (Maple/Columbine).
The Engineer stated that his estimate had been $60,870.00 and that seven
bids had been received; that the low bidder had been Henry J. Kelly Co.,
Inc. , Santa Aha, with a bid of $50,305.70, and that it was staff's recom-
mendation that the contract be awarded to that firm.
Mr. Robert Erbacher, 340 E. Alton, stated that he was opposed to the
Assessment District because he had purchased property in the district
for operation of his 'business only and not for development or speculation,
and had purchased it at an appropriate price for improved property; that
CITY COUNCIL MINUTES 42 FEBRUARY 5, 1973
he believed that people who developed property should pay for the Cost
of the assessment.
The:DirectGr of Public Works stated that the protest represented 2.23%
of the total area benefit in the Assessment District.
The £ollovcing ,persons spoke in favor of the Assessment District:
James A. Steven, 13032 Sky Lane.
Leo Rovin, 2094 Federal Avenue, Costa Mesa.
W. B. Chilcote, 2032 Lower Lake Road.
James ~Arhltaker, 2518 N. Santiago.
The proponents stated that they had owned property in the district for
as many as ten years, paying taxes, but had been unable to improve or
develop because of the lack of improvements; that the approval of the
Ass essrn'ent District·would enable the property o~wnerls ~d:op&n up the
area for dev~eloprrfent providing increased revenue to the City.
Councilman Patterson's motion'to overrule and deny all protests, upon
finding that all protests were made by less than one-half (l/Z) Of the
area of property to be assessed, was seconded by Councilman Evans, and
carried on the following roll call vGte:
AYES: Patterson,· Evans, Villa, lqerrin, Griset, Yamamoto, Markel
NOES: None
ABSENT: None
RESOLUTION NO. 73-9 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA /~NA, CALIFORNIA, FINDING AND DETERMINING
THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE CERTAIN
IMPROVEMENTS IN THE CITY OF SANTA ANA, CALIFORNIA, IN
ASSESSMENT DISTRICT NO: 21.5 :(MAPLE/COLUMBINE); AND FURTHER
THAT TI-IE "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND
MAJORITY PROTEST ACT OF 1931" SHALL NOT APPLY; AND DETER-
MINING THAT SUCPt~ PROJECT SHALL PROCEED UNDER THE TERMS
AND~ PROVISIONS OF THE "IMPROVEMENT ACT OF i911" was adopted on
motion of Councilman Patterson, seconded by Councilman Yarnamoto, and
carried on the following roll call vote:
AYES: Patterson, Yamamoto, Villa, Evans, Herrin, Griset, Markel
'' NOES: None
ABSENT: None
RESOLUTION NO; 73-10 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA, ORDERING THE WORK AND IMPROVE-
MENT TOGETHER WITH API~URT'ENANCES AND APPURTENANT WORK
IN ASSESSMENT DISTRIC%~ NO. 215 (MAPLE/COLUMBINE), IN THE
CITY OF SANTA ANA was ·adopted on motion of Councilman Patterson,
seconded b~r CounCilman Y amamoto, and carried on fhe following soil call
vote:
AYES: Patterson, Yarnamot0,'Villa, Evans,
NOES: None ' ., '
ABSENT: None
I-Ierrin, Griset, Markel
The Vice Mayor closed the publi~ hearing.
CITY COUNCIL' MINUTES 43 FEBRUARY 5, 1973
RESOLUTION NO. 73-11 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA, AWARDING CONTRACT FOR THE
CONSTRUCTION OF CERTAIN IMPROVEMENTS, TOGETHER WITH
APPURTENANCES, APPURTENANT WORK IN~ CONNECTION THEREWITH
IN ASSESSMENT DISTRICT NO. 215 (MAPLE/COLUMBINE) IN THE CITY
OF SANTA ANA, awarding the contract to Henry 3. Kelly Co., Inc. ,
Santa Aha, was adopted on motion of Councilman Patterson, seconded by
Councilman Villa, and carried on the following roll call vote:
AYES: Patterson, Villa,
NOES: None
ABSENT: None ,
Evans, Herrin, GriSet, Yamamoto, Markel
(CA-90)
SPECIAL ORDER OF THE DAY Special recognition was
,~ given to Boy Scouts in the
audience for their participa-
tion in a program to develop public speaking skills to motivate support
for the Orange County Anti-Litter Program.
Mr. Earl McKenna, Administrative Services Officer, Orange County Road
Departu~ent, introduced Eddie Garcia, 1ZZ5 South Everglade, who introduced
the speakers for [he evening, Alan Baker, 1222 West St. Andrews St., who
spoke on "Do You Want to be Buried Alive?", and Craig Wooldridge, Z431
West St. Andrews, who spoke on "Fate of Our Waters".' (CA-145)
RECESS: At 9:07 P.M., a recess was
declared. The meeting
reconvened at 9:15 P.M.
with all,Councilmen present except Mayor Griset. . '
APPLICATION FOR LICENSE The Vice Mayor opened the
TO OPERATE A SECOND HAND ,' public he'aring on the appeal
FURNITU'RE STORE filed by Rudolph Navarro
from the Police Chief' s denial
of a certificate to operate a second hand furniture store.
Michael P. Gerbosi, Attorney, 400 West 10th St., representing the appellant,
stated that the application had been denied by the Police Department on the
basis of Section 25-7 of the Santa Aha Municipal Code which related to crimes
of theft by an individual; that the appellant's last arrest related to theft
had been in 1963 when he had been a juvenile and that Mr. Navarro had
been relieved' of any disability therefrom by the Superior Court on
January 17, 1973, pursuant to Section 1203.4 of the Penal Code. Mr.
Gerbosi filed with the Clerk an original copy of the court order referred
to. Mr. Gerbosi further stated that his client would soon be 28 years
of age; that he had had no involvement with the law having to d o with
theft for the past eight years; that his client had been paying rent on a
location for his proposed antique store for four months; that Mr. Navarro
had li,ved in Santa Ana all of his life and now wanted to do business in the
City.
The City Attorney stated that the Police Chief had had no discretion as to
whether to grant or deny a certificate pursuant to Section 25-7 of the
CITY COUNCIL MINUTES 44 FEBRUARY 5, 1973
Municipal Code, and that it would be discretionary with Council if they
wished to overrule the Police Chief's decision.
There were no opponents in the matter,
Councilman Patterson's motion to overrule the action of the Police Chief
and instruct him to issue a certificate to operate a second hand furniture
store, was seconded by Councilman Markel, and carried on the following
roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Markel, Villa, Evans, Herrin
Yamamoto
G'riset
Prior to voting, Councilman Yamamoto stated that Council depended upon
the Police Department to give proper recommendation because they had
expertise in such matters, and that he would be unable to support the motion.
Councilman Villa pointed out that he felt it was unfortunate that the Code did
not distinguish between a pawn broker business and a second-hand furniture
store for purpoaes of issuance of a certificate.
Councilman Patterson stated that he interpreted the lack of Police Depart-
ment testimony in the matter as disinterest in the Council's decision; and
that a person between the ages of 10 to 18 did not have. the same judgment or
maturity that a pe~so~ has between the ages of 20 and 28. (CA-91.2)
WILLOWICK GOLF COURSE Council continued considera-
, tion of negotiations between
the City of Santa Aha and
the City of Garden Grove concerning Willowlck Golf Course until all docu-
ments have been received from Garden Grove, on motion of Councilman
Yamamoto, seconded by Councilman Patterson, and unanlmously carried.
(CA-dZ. 6)
ORAL COMMUNICATIONS
COUNCIL MEETING; FEB. 20, 1973,
Tuesday, and that he would notbe present for
ORAL COMMUNICATIONS
~NTERGO'VERNMENTAL
COORDIN~[T lNG COUNCIL
Councilman Patterson reminded
Council that the meeting of
February 20 would fall on a
the evening session. (CA-80)
Councilman Patterson' s
motion tO invite the Inter-
governmental Coordinating
'Council to meet in the City's
Council Chambers for their next meeting, and if they wished, to make the
Chambers their permanent meeting place, was seconded by Councilman
Villa, and unanirmusly carried.
Councilman Villa inquired as to available office space that might be utilized
by the Intergovernmental Coordinating Council.
The City Manager stated that available space in the City Hall Annex was
being donated on a thirty-day notice basis to anyone wishing to use the
space and that the space available varied from week to week. (CA-112.13)
ORAL COMMUNICATIONS
ORANGE COUNTY JOINT
REVENUE SHARING
Councilman Patterson stated
that the League of Cities had
joined together and suggested
to the County that since 87%
CITY COUNCIL MINUTES
45
FEBRUARY 5, 1973
of all of the residents in the County lived within incorporated areas, that
50% of the Orange County Revenue Sharing Funds should be sh~red with
the cities; that it had come to his attention that the County may not go along
with this plan, or only consider some joint projects. He further stated that
in his opinion some priorities should be established; that open space or park
projects might be among the joint County or City projects.
The City Manager stated that the Orange County Managers had discussed
the matter and that the problem was one of timing in that the Board o£
Supervisors hearing was scheduled for February 27, 1973; that he had
received a request from the County Administrative Officer asking cities
to submit their projects by February 1Z, 1973; and that they will in effect
be destroying the League position if projects are submitted. He suggested
that the County should be asked to go ahead and make a decision as to
whether or not they will approve the League's request for a 50/50 split;
that if they declined, then all cities would have adequate opportunity to
prepare and submit recommendations to the County for projects; that
he had been asking the Department Heads for suggestions of projects
which would appeal to the Board of Supervisors in that they would serve
people other than residents of the City; for example the Communications
Center, which serves Santa Ana, Orange and Tustin; that he understood
Costa Mesa was interested in a storm drain that would serve their indus-
trial area and the City of Santa Ana.
Councilman Villa stated that the County would be faced with, the problem
of logistics in that they would be getting approximately $11, 000, 000.00,
and there would be difficulty in proportioning the funds among the cities.
By informal unanimous consent, Council agreed that Councilman Patterson
should seek a postponement of the meeting scheduled for February 12, 1973.
(CA-57.
ORAL COMMUNICATIONS Councilman Herrin inquired
GREENBELT COMMITTEE as to the agreement regarding
the Greenbelt Committee. He
stated that he had been asked to have an approval by Council to enter into
an agreement prior to April 1, 1973.
The Clerk stated that she had received no communication in her office
concerning the matter.
Councilman Herrin stated that Council should get the agreement well in
advance so that there would be ample time for study and discus'sion before
April 1. He stated that he would make sure all Council members received
copies of the pertinent material. (CA-145.1)
ADJOURNMENT
The meeting was adjourned by
the Vice Mayor at 10:00 P.M.
Florence I. Malone
Clerk of the Council
CITY COUNCIL MINUTES
46
FEBRUARY 5, 1973