HomeMy WebLinkAbout03-12-1973MINUTES OF THE ADJOURNED REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
March 12, 1973
The meeting was called to order at 2:05 P.M. in the Council Chambers
of the City Hall, 22 Civic Center Plaza, with the following Councilmen
present: Vernon S. Evans, Wade Herrin, J. Ogden Markel, JerryM.
Patterson, Ray Villa, Harry K. Yamamoto, and Mayor Lorin Griset.
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.
MINUTES The Minutes of the Regular
Meeting of February 20,
1973 were approved as
submitted, on motion of Councilman Yamamoto, seconded by Councilman
Evans, and unanimously carried.
CONSENT CALENDAR The following Agenda items
were removed from the
Consent Calendar: Items
3 B and 3 G requested by Councilman Herrin; Items 5 B and 6 D requested
by Councilman Yamamoto; Item 10 D requested by Councilman Patterson;
and Items 3 F, 5 A, ? C, 13 A, and 13 B requested by Councilman Markel.
On motion of Councilman Evans, seconded by Councilman Herrin, and
unanimously carried, Council affirmed the recommended action on the
foil.owing Consent Calendar items:
BID CALLS
for bids on the following:
Approved plans and
specifications, and
authorized advertisement
PROJECT 3026 - Construct sanitary sewer in
Shelton Street from McFadden Avenue to Bishop
Street; opening date April 6, 1973 at Z:00 P.M.
(CA 89 E)
PROJECT 4018 - Construct V-4 storm drain in
Seventeenth Street from Williams Street to Tustin
Avenue; opening date April 6, 1973 at 2:00 P.M.
(CA 89 G)
PROJECT 7013-B - Installation of background music
and emergency paging system for City Hall; opening
date April 5, 1973 at 2:00 P.M. (CA 89 G)
CITY COUNCIL MINUTES
63
MARCH 12, 1973
CONSENT CALENDAR - Continued
AGREEMENTS
ag re ements:
Approved and authorized
the Mayor and Clerk to
execute the following
ST. LUKE'S METHODIST CHURCH - For purchase and
sale of improved real property consisting of approximately
2.8 acres situated on the northwest corner of Center and
McFadden. (CAA-73-i2)
INSPECTION SERVICES - Agreement between City and
William R. Miller for services to be rendered in connec-
tion with construction of Civic Center Mall, Phase 3.
(CA A-73-13)
TRAFFIC SIGNALS - Agreement No. 173-473 between
City and County of Orange for installation of traffic signal
and safety lighting at Redhill Ave. and Warner Ave., and
modification of traffic, signal at Redhill Ave. and Dyer Rd.
(CA A-73-14)
BUILDING ENCROACHMENT - Agreement between City
and Build Mart Corporation for building encroachment
located on the easterly side of Poinsettia Street between
Fifth and Sixth Streets. (CA A-73-15)
TRAFFIC Received and ordered
filed report of control
devices removed or
installed February 19, 1973 through March 7, 1973, inclusive.
(CA 18.3a)
ALCOHOLIC BEVERAGE
LICENSE APPLICATIONS
tions:
Received and ordered filed
the following Alcoholic
Beverage License Applica-
J.B. & B., INC., 1502 East First, On Sale
General (Bona Fide Public Eating Place), Person
to Person Transfer. (CA 146)
WINE, CHEESE, CULINARY, 3850 South Plaza
Dri~re, Off Sale Beer & Wine, Original. (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
subject to the Minor Exception Permit procedure:
WETMORE, 3effery R., 3810 South Plaza Drive,
On Sale General (Bona Fide Public Eating Place)
Priority No. 2, Intercounty Transfer. (CA 146; CA 146A)
CITY COUNCIL MINUTES
64
MARCH 12, 1973
CONSENT CALENDAR - Continued
SOLICITATION APPLICATIONS
Approved the following
solicitation applications:
NATIONAL MULTIPLE SCLEROSIS SOCIETY,
door-to-door solicitation, cannisters in business
establishments, and mail, to provide patient services
within Orange County, support research programs,
and public and professional education; from May 1,
197.3 to June 17, 1973, inclusive. (CA 91)
LONG BEACH COUNCIL OF PIONEER WOMEN,
street sale of tags near businesses, to bring
children to Israel and provide them with education
a. nd medical services; from April 1, 1973 to April 30,
1973, inclusive. (CA 91)
CEDU FOUNDATION, INC., door-to-door and telephone
solicitation, to operate and expand the work of the Cedu
Foundation, Inc., from November 1, 1973 to December 30,
1973, inclusuve. (CA 91)
VARIANCES AND
CONDITIONAL USE PERMITS
Received and ordered
filed the following
applications:
VA 7Z-91, J. EUGENE ROHRS - To construct a
169 unit motel with kitchens in 109 units and with
57 covered and 112 open parking spaces in the C 1
Districi.at 931 East 17th Street; APPROVED. (CA 13)
VA 72-92, GEORGE W. & BEVERLY J. BOXBERGER -
to construct a single floor medical center in the R 1
District at 1002 North Fairview; APPROVED. (CA 13)
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 February 15,
1973 through March 7, 1973, inclusive. (CA 155; Deeds 5181 through
5189, inclusive)
DEEDS, NO CASH
GRANTOR, CITY
and Clerk:
Approved the following
deed and authorized its
execution by the Mayor
VARIOUS OWNERS OF RECORD, West side of Bristol,
south side of Central, vehicular access rights. (CA 155;
Deed 5190)
CITY COUNCIL MINUTES 65 MARCH 12, 1973
CONSENT CALENDAR - Continued
TENTATIVE PARCEL/ Approved the following maps
TRACT MAPS subject to conditions contained
in the Planning Director's
report and waived the alley requirement on each of the parcel maps:
TENTATIVE PARCEL MAP #787 - Filed by Sunset
Builders, creating two (2) LP parcels to be used for
office buildings, located generally on the northeast
corner of Cabrillo Park Drive and Fourth Street. (CA ZS)
TENTATIVE PARCEL MAP #790 - Filed by Rudy
Valdivia, creating two (2) C 1 parcels to be used
for commercial uses, located generally on the east
side of Main Street, 43 feet south of Camile Street.
(CA
TENTATIVE PARCEL MAP #792 - Filed by Alton
Limited, creating two (2) M 1 parcels to be used
for industrial purposes, located generally on the
southeast corner of Standard Avenue and Alton
Avenue. (CA 25)
TENTATIVE PARCEL MAP #794 - Filed by Cabot,
Cabot and Forbes, creating five (5) M 1 parcels tO
be used for industrial uses, located generally on the
southeast corner of Segerstrom Avenue and Harbor
Boulevard. (CA 25)
TENTATIVE PARCEL MAP #795 - Filed by Lear;
Siegler Inc., creating two (2) M 1 parcels to be used
for industrial purposes, located generally on the
northeast corner of Segerstrom Avenue and Susan Street.
(CA Z5)
TENTATIVE PARCEL MAP #797 - Filed by Joe Ojeda,
creating two (Z) RiB and C 1 parcels to be used for
commercial purposes, located generally on the north
side of First Street, 165 feet east of Cooper Street.
(CA
TENTATIVE TRACT MAP #8236 - Filed by Leadership
Housing Systems, Inc., creating six (6) R 4 lots, to be
used for residential units (air space condominiums),
located generally on the south side of Segerstrom between
Fairview and Greenville Streets. (CA 24)
SURPLUS PROPERTY Approved the report of the
Purchasing and Property
Control Officer dated
March 7, 1973, and declared the personal property listed in said
report to be surplus, and authorized its sale at auction on March Z4,
1973. (CA 45.2)
* * * * * * * * * * * CONSENT CALENDAR FINIS * * * * * * * * * * *
CITY COUNCIL MINUTES 66 MARCH 12, 1973
AGREEMENT Council considered the
SANTIAGO CREEK Agreement between ~he
GREENBELT COMMISSION County of Orange, Orange
County Flood Control District,
Orange County Water District, and various cities establishing the Santiago
Creek Greenbelt Commission.
Pursuant to the staff report dated March 8, 1973, recommending that
Council designate one of its members to be the official representative
to the Commission, the Mayor recommended that Councilman Patterson
be appointed.
Councilman Herrin stated that he felt the agreement was important enough
to warrant a public hearing; and that the City should not accept the terms
of the agreement just because twelve other cities had accepted them.
AGENDA ORDER The Mayor announced that
it was time to recess for
the organizational meeting
of the Community Redevelopment Agency, and that c0nside~ation of the
agreement for the Santiago Creek Greenbelt Commission would be con-
tinued upon reconvening. '
COMMUNITY REDEVELOPMENT
AG ENC Y
the Community Redevelopment Agency.
2:45 P.M. with all Councilmen present.
At 2:20 P.M., Council
recessed to'~onvene ~he
organizational meeting of
The Council reconvened at
EXECUTIVE SESSION Council recessed to an
Executive Session at
2:46 P.M., to consider
Personnel matters pertaining to an appointment to the Planning Commis-
sion. The Council meeting was reconvened at 3:35 P.M.
PLANNING COMMISSION The Mayor announced that the
HEARINGS Planning Commission hearings
which had been noticed for
that evening to be held in the Council Chambers, would be held in the
Orange County Board of Supervisors Hearing Room at 515 North Sycamore,
at 7:30 P.M.
COMMUNITY REDEVELOPMENT At 3:40 P. M. , Council
AGENCY recessed to continue with
the meeting of the Community
Redevelopment Agency. The meeting reconvened at 4:30 P.M. with all
Councilmen present.
RECESS At 4:30 P.M., a recess was
declared.: The meeting
reconvened at 4:40 P.M. with all Councilmen present.
CITY COUNCIL MINUTES 67 MARCH 12, 1973
AGENDA ITEM By informal unanimous
consent, Council instructed
the Clerk to place on the
March 19, 1973 Agenda, for discussion, the City Attorney's Opinion No.
73-22 dated March 9, 1973, relating to participation in the Community
Redevelopment Agency.
AGREEMENT Council continued its
SANTIAGO CREEK consideration of the
GREENBELT COMMISSION Agreement between the
County of Orange, Orange
County Flood Control District, Orange County Water District, and
various cities establishing the Commission.
Council approved the City's participation in the joint powers agreement
for the establishment of the Santiago Creek Greenbelt Commission for a
one year trial period ending June 30, 1974, authorized the IVlayor and
Clerk to execute the agreement, and designated Councilman Patterson
as the official representative to the Commission for recommendation,
prior to April 15, 1974, as to whether or not the City should withdraw,
on motion of Councilman Yamamoto, seconded by Councilman Villa, and
carried on the following roll call vote:
AYES:
NOES:.
ABSENT:
Yamamoto, Villa, Griset, Patterson
Evans, Herrin, Markel
None
Prior to voting, Councilman Evans stated that he agreed with Councilman
Herrin that a public hearing should be held, and stated that his NO vote
was not to be interpreted as a vote against Councilman Patterson.
(CA A-73-16; CA 145. la)
AGREEMENT Council approved the Agreement
REFUSE COLLECTION between the City and the Garden
Grove Sanitary District provid-
Lng for pick up and disposal of trash and garbage by the City, and authorized
its execution by the Mayor and Clerk, on motion of Councilman Herrin,
seconded by Councilman Yamamoto, and unanimously carried. (CA A-73-17)
AGREEMENT Council approved the
ARCHITECTURAL SERVICES Agreement between the
CABRILLO PARK TENNIS CENTER City and Morris-Lohrbach
& Associates, Architects,
and authorized its execution by the Mayor and Clerk, on motion of
Councilman Patterson, seconded by Councilman Yamamoto, and carried
with Councilmen Herrin and Markel dissenting. (CA A-73-18)
ALCOHOLIC BEVERAGE Councilman Herrin's motion
LICENSE APPLICATIONS to instruct the City Attorney
to prepare a letter of protest
with the Alco.holic 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, was seconded by Council-
man Yamamoto, and unanimously carried:
CITY COUNCIL MINUTES 68 MARCH 12, 1973
.SADDLEBACK INN, INC., 1661 East First Street,
(north side), On Sale Beer & Wine (Bona Fide
Public Eating Place), Original. (CA 146; CA 146A)
Councilman Herrin's motion to receive and file the following application
was seconclecl by Councilman Paffe~son, and carried with' Councilman
Yamamoto voting NO:
ROHM, 'Erwin Adolf, 1109 North Harbor, On Sale
Beer, Original. (Conversion from existing cocktail
license to on-sale beer). (CA 146)
SOLICITATION APPLICATION Council approved the Solicita-
EARTH STEWARD INSTITUTE tion Application filed by Earth
Steward Institute, for door-to-
door solicitation, to provide funds for Crisis Intervention and' prevention
training materials and programs; from March 13, 1973 to May 11, 1973,
inclusive, on motion of Councilman Herrin, seconded by Councilman
Patterson, and carried on the following roll call vote:
AYES:
NOES:
ABSENT:
(CA 91)
Herrin, Patterson, Evans, Griset
Villa, Yamamoto, Markel
None
CUP 72-24 Conditional Use Permit 72-24,
SOUTHWEST RECREATIONAL filed by Southwest Recreational
VEHICLES, INC. Vehicles, Inc., to allow sales
and service of motorcycles in
the M 1 District at 1850 - 185Z East Edinger Avenue, approved by the Planning
Commission, was received and filed on motion of Councilman Yamamoto,
seconded by Councilman Evans, and carried with Councilman Markel voting
NO. (CA 13.1)
TENTATIVE PARCEL MAP #793 Tentative Parcel Map #793 filed
IRVINE INDUSTRIAL COMPLEX by Irvine Industrial Complex,
· , creating three (3) Llv[ parcels
to be used for industrial purposes, located generally on the north side of
Dyer Road at Pullman Street, was approved subject to conditions contained
in the Planning Director's report, and the alley requirement was waived,
on motion of Councilman Herrin, seconded by Councilman Evans, and
unanimously carried (CA 25)
CHANGE ORDER Councilman Yamamoto's
PROJECT NO. 6055 motion to approve the following
change order was seconded by
Councilman Herrin, and unanimously carried:
PROJECT NO. 6055 - Construct restroom and storage
building in Flower Street Park. (CA 89 G)
Prior to voting, Councilman Markel stated that he would like the record to
show that he favored the type of construction used for the partitions in the
restrooms in the Old City Hall, that were built in 1935 and were still in good
condition.
CITY COUNCIL MINUTES 69 MARCH 1Z, 1973
CHANGE ORDER Councilman Herrin's motion to
PROJECT NOS. 1317, 1269, 4010 approve the following change
order was seconded by
Councilman Yamamoto, and carried with Councilman Markel voting NO:
PROJECT NOS. 1317, 1269, 4010 - Widen the north and
south sides of 17th Street from Main Street to the Santa
Aha Freeway; traffic signal on 17th at Main Street,
Spurgeon and Penn V~ay; construct storm drain in 17th
Street from Main to Santa Ana Freeway. (CA 89 F)
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-1152 ORDINANCE NS-1152 -
COMMERCIAL KENNELS ORDINANCE OF THE CITY
COUNCIL OF THE CITY
OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE SEC-
TION 5-13 PERTAINING TO COMMERCIAL KENNELS, revised, was
adopted on motion of Councilman Herrin, seconded by Councilman
Yamamoto, and carried on the following roll call vote:
AYES:
· NOES:
ABSENT:
Herrin, Yamamoto, Villa, Evans, Griset, Patterson, Markel
None
None
(CA 95; CA 74)
ORD. NS-1157 ORDINANCE NS-1157 -
ADDING TO MUNICIPAL CODE ORDINANCE OF THE CITY
SCREENING OF APPURTENANCES COUNCIL OF THE CITY
OF SANTA ANA ADDING
SECTIONS 41-1Z0/AND 41-622 TO THE SANTA ANA MUNICIPAL CODE
REQUIRING THE SCREENING OF MECHANICAL EQUIPMENT AND
APPURTENANCES ON THE ROOF AND EXTERIOR OF BUILDINGS was
passed to second reading on motion of Councilman Herrin, seconded by
Councilman Yamamo.to, and unanimously carried. (CA 10.1; CA 74)
ORD. NS-1159 ORDINANCE NS-1159 -
AMENDING MUNICIPAL CODE AMENDING THE SANTA
EMERGENCY ORGANIZATION ANA MUNICIPAL CODE
BY AMENDING DIVISION
3, ARTICLE IV, OF CHAPTER g THEREOF RELATING TO EMERGENCY
ORGANIZATION AND FUNCTIONS was passed to second reading on
motion of Councilman Herrin, seconded by Councilman Yamamoto, and
unanimously carried. (CA 79; CA 144; CA 74)
CITY COUNCIL MINUTES 70 MARCH 12, 1973
RES. 73-16 RESOLUTION 73-16 OF THE
AMENDING RES. 72-40 CITY COUNCIL OF THE
CITY OF SANTA AHA
AMENDING DESCRIPTION OF PARCEL NO. 5 INCLUDED IN RESOLUTION
72-40 FORMERLY PASSED APRIL 17, 1972 was adopted on motion of
Councilman Herrin, seconded by Councilman yamamoto, and unanimously
carried. (CA 71)
RES. 73-18 RESOLUTION 73-18 OF THE
XEROX LITIGATION CITY COUNCIL OF THE
CITY OF SANTA AHA
REQUESTING THAT THE COUNTY OF ORANGE DEFEND THE ACTION
FOR RECOVERY OF TAXES PAID UNDER PROTEST FILED BY THE
XEROX CORPORATION AGAINST THE COUNTY OF ORANGE, THE
CITY OF SANT~k ANA, AND VARIOUS OTHER DEFENDANTS was adopted
on motion of Councilman Herrin, seconded by Councilman Yamamoto,
and unanimously carried. (CA 139)
RES. 73-20 RESOLUTION 73-20
"MEMORY LANE AND SANTA DECLARING THE
AHA RIVER SOUTH ANNEXATION" ANNEXATION OF
TERRITORY DESIGNATED
"MEMORY LANE AND SANTA ANA RIVER SOUTH ANNEXATION" was
adopted on motion of Councilman Herrin, seconded by Councilman
Yamamoto, and unanimously carried. (CA 94)
POOL TABLE APPLICATION Council denied the application
CHESTER H. HENDERSON of Chester H. Henderson
dated February 22, 1973,
for permit to operate' two or three pool tables at the Bristol Gardens Bar,
1300 West Fourth Street, on motion of Councilman Herrin, seconded by
Councilman Markel, with Coun'cilman Villa voting NO.
Prior to voting, Leonard N. McBride, Attorney for the applicant, spoke
in his behalf referring to the report of the Police Chief dated March 6,
1973. He stated that the premises were not presently closed as stated
in the report; that there had been proceedings to close'the bar under a
preliminary injunction late last year and it had been specifically denied;
that th'e'perlding actions against the applicant referred to in the report
should not be taken into consideration; that pool tables did not lead to
prostitution. (CA 91.1)
DOWNTOWN REDEVELOPMENT The Mayor announced that
the letter from Joseph L.
Gilmaker, President of
Santiago Republican Assembly, dated February 21, 1973, requesting that
their resolution Concerning downtown redevelopment be considered, had
been acted upon during the meeting of the Community Redevelopment
Agency. (CA 82)
CITY COUNCIL MINUTES
71
MARCH 12, 1973
POPULATION GROWTH AND The Resolution of the Board of
DEVELOPMENT STRATEGY Supervisors of Orange County,
dated February 7, 1973,
resolving, among other things, that cities approve as interim goals the
quality of life goals contained in their Summary Report entitled People,
Policies and Growth - a New Direction?, and make recommendations to
the Board by July, 1973; was received and ordered filed on motion of
Councilman Yamamoto, seconded by Councilman Patterson, and
unanimously carried. (CA 112; CA 78; CA 145)
UNIFORM SALES AND USE TAX The letter from the City of
Los Alamitos dated March 1,
1973, requesting support
in opposing and,resist'~ng attempts to change apportionment of sales and
Use tax through legislation or litigation was received and ordered filed
on motion of Councilman yamamoto, seconded by Councilman Herrin,
with Councilman Patterson voting NO. (CA 65)
FLOOD HAZARD OF The letters from the
SANTA ANA RIVER BASIN Placentia Unified School
District and the City of
Costa Mesa dated FebFuary 8, 1973 and February 26, 1973, respectively,
requesting that Council join with them in urging the United States Congress
to appropriate funds to complete the U. S. Corps of Engineers Study of
the Santa Aha River Basin Flood Hazard, were referred to staff on
motion of Councilman Herrin, seconded by Councilman Yamamoto, and
unanimously carried. (CA 53)
ORANGE COUNTY The report from the Plan-
TRANSIT DISTRICT ning Commission, dated
March 2, 1973, approving
Orange County .Transit District Resolution 73-01 was considered, and
Council approved the Resolution, urging access to transportation services
in new developments, on motion of Councilman Yamamoto, seconded by
Councilman villa, and carried with Councilmen Herrin and Markel dis-
senting. The resolution had been referred to the Planning Commission
on February 5, 1973.
Prior to voting, Councilman Villa stated that a large portion of the City
across the river did not have bus service, and asked if something could
be done.
The City Manager stated that the matter had been turned over to the
Orange County Transit District, however, the City could request that
they extend their routes to include those areas not presently being
served.
Councilman Markel stated (FOR THE RECORD) that buses should begin
running on a skip-stop basis, stopping every 600 feet instead of every
300 feet, particularly in new developments.
Councilman Herrin suggested that a smaller vehicle be used on certain
routes where few people were transported.
CITY COUNCIL MINUTES
7Z
MARCH 1Z, 1973
Councilman Patterson referred to a letter from a citizen that had been
sent to The Register concerning bus route changes and suggested that a
copy of the letter be sent to the Orange County Transit District to
accompany any request made of them.
After voting, Councilman Patterson pointed out that there was no bus
route goiag to Fashion Square, and asked if a request had been made for
such a route.
The City Manager stated that the Orange County Transit District was
unable to duplicate an existing route of another bus llne, but could tie
in with it; that the County was currently Coordinating all of the routes
and suggestions could be forwarded to them, and if Council wished, Dr.
Pete Fielding, General Manager of the Orange County Transit District,
couId be invited to attend a Council meeting and answer questions.
(CA 84; CA 84.4)
PLANNING COMMISSION Council considered the
IN-STATE CONFERENCES report from the Planning
Director dated March Z,
1973, transmitting the request that Council appropriate the necessary
funds to allow the Planning Commission's attendance at any and all
pertinent conferences held within the State.
Councilman Herrin's motion to approve funding for the Chairman of the
Planning Commission and one other commission member to attend all
pertinent in-state conferences was seconded by Councilman Evans.
Councilman Vil-la's subsiitute motion, to approve funding for any member of
the Planning Commission who was able to take the time to attend any or
all pertinent in-state conferences was seconded by Mayor Griset, and
carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Villa, Griset, Yamamoto, Patterson
Evans, Herrin, Markel
None
(CA 78.1)
SUMMARY OF COUNCIL The Summary of Council
REFERRALS Referrals dated March 1Z,
1973, containing a list
of Pending action items referred to staff by Council was received and
ordered filed by informal unanimous approval, t CA 80.2)
ALCOHOLIC BEVERAGE Council approved the pro-
CONTROL APPLICATIONS cedure set out in the report
' of th~ City Attorney dated
March 5, 1973, relating to the filing of protests with the Alcoholic
Beverage Control Office because the premises in question are within
300 feet of residential use, and/or other reasons such as "that the
licensing of the premises would create or increase an existing police
problem." Councilman Yarnamoto's unanimously approved motion was
seconded by Councilman Markel. The new procedure calls for the filing
CITY COUNCIL MINUTES
73
MARCH 12, 1973
of protests by staff, as soon as it is determined that a protest is
necessary, and the subsequent ratification or reversal of that action
by Council. (CA 146.1)
UNDERGROUND UTILITY Council considered the
DISTRICT NO. 4 report of the Director
of Public Works dated
March 7, 1973, setting forth the necessity of a public hearing before
proceeding with the establishment of an underground utility district
along 17th Street from Ross Street~to Main Street to be accomplished
in: conjunction with the planned widening of 17th Street along the same
limits in the 1973-74 fiscal year,
On motion of Councilman Markel, seconded by Councilman Herrin, and
unanimously carried, Council set a public hearing for April Z~ 1973,
at 7:30 P.M., in accordance with Section 37-Z of the Santa Ana Municipal
Code, for the purpose of ascertaining the necessity of converting the
existing overhead utility system to an underground system within the
area generally defined as bordering 17th Street from Ross Street to
Main Street, ,more particularly described on the drawing attached to
the report. (CA 134)
RES. 73-Z1 Council approved the plan
EMPLOYEES' DEFERRED set out in the report of
COMPENSATION PROGRAM the City Manager dated
March 6, 1973~ relating
to a proposed employees' deferred compensation program, and adopted
the following resolution on motion of Councilman Herrin, seconded by
Councilman Evans, and unanimously carried:
RESOLUTION 73-21 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA APPROVING
A DEFERRED COMPENSATION PLAN AND AUTHORIZ-
ING ITS IMPLEMENTATION
(CA 50.10)
ORAL COMMUNICATIONS Councilman Markel stated
that he had observed that
one of the stones in the
Old City Hall had been disturbed and was sticking out from the building
approximately 3/8 of an inch; that there was a box in the cornerstone and
that inside that box was a second box which represented the City Hall
built in 1904.
The Director of Public Works stated that information had been sought
concerning a possible cornerstone months before. Councilman Markel
stated that he would give to the City Manager information concerning the
cornerstone location. (CA 77)
Councilman Evans requested Staff to check on the lighting at Memorial
Park because he had observed that half of the lights were not working
and that they could still be under warranty. (CA 52)
CITY COUNCIL MINUTES 74 MARCH 1Z, 1973
Councilman Evans referred to staff a Times newspaper article concerning
the urgent need for sprinklers in high-rise buildings.
The City Manager stated that staff was working on an amendment to the
present Building Code that would make the installation of sprinklers
mandatory. (CA 87)
By unanimous informal approval, Council referred to staff the question,
posed by Ralph Vernon, 611 Orange, Santa Ana, representing the Graingers,
whether or not various organizations could obtain a locker for their
exclusive use in the City Hall Annex. (CA 77.1Z)
RECESS At 5:40 P. M. , the meeting
was recessed to 7:30 P.M.,
at which time it was
reconvened with all Council members present. Following the Pledge of
Allegiance to the Flag, the Invocation was given by the Reverend Charles
Rose, of the Grand Avenue United Methodist Church. (CA 80.17)
PUBLIC HEARING The Mayor opened the public
MINOR EXCEPTION 73-3 hearing on Minor Exception
DIETRICH REICH 73-3 filed by Dietrich Reich,
to allow a restaurant with on
sale liquor within 300 feet of residentially zoned property at 2525 "I"
West 17th, and requested a staff report.
The Planning Director stated that in approving Minor Exceptions, the
Zoning Adrninistrato~ had never departed from requiring standard
Planning conditions of approval, which included among others that there
be no after-hours operation (between Z:00 A.M. and 6:00 A.M. ), that
the business remain a bona fide eating establishment as defined by the
Alcoholic Beverage Control, that there be no gaming devices such as
pool tables, pinball machines, motion picture 'booths, etc.; that
interior lighting of the establishment be in accordance with ABC regula-
tions, and that there be no conduct or entertainment allowed on the
premises as prohibited by Ordinance NS-1047.
The Clerk reported no written communications had been received.
Lee H. Sutcliffe, 1904 South Wood, spoke in favor of the Minor Exception
and assured Council that he intended to operate a bona fide restaurant
on the premises, and would be open from approximately 10 or 11 A.M. to
2:00 A.M.; that he was not going to have gaming devices, and that there
would be no entertainment except a piano bar or possibly a guitar player;
and that the establishment would be a steak restaurant serving cocktails.
There were no opponents in the matter.
Council upheld the decision, of the Zoning Administrator and instructed
the City Attorney to prepare a Resolution approving Minor Exception
73-3 subject to conditions of approval contained in the Zoning Administra-
tor's report on motion of Councilman Herrin, seconded by Councilman
Patterson, and carried on the following roll call vote:
CITY COUNCIL MINUTES 75 MARCH 1Z, 1973
AYES: Herrin, Patterson, Villa, Evans, Griset, Iviarkel
NOES: Yamamoto
ABSENT: None
Prior to voting, Councilman Yamamoto stated that he Would not be able
to support the motion because he believed the Ordinance prohibiting the
sale of liquor within 300 feet of a residential area should be enforced
to control the opening of new establishments in those areas. (CA 13.2)
PUBLIC HEARING The Mayor opened the public
APPEAL #314 hearing on Appeal #314 filed
CALVARY CHAPEL OF COSTA MESA by Calvary Chapel of Costa
Mesa, appealing the Plan-
ning Commission's denial of CUP 73-2 to convert an existing church to
retail sales and coffee shop at 3730 South Greenville Street, and
requ&sted a staff repor%.
The Planning Director stated that the Planning Commission had upheld
staff's recommendation and denied the application on a 5-1 vote because
they felt the proposal would be detrimental to the General Plan and to
the existing or proposed uses in the area.
James E. willems, -9806 Coral Cove, Huntington B~ach, spoke in faxor
of the appeal and stated that consideration should be given to what
was happening to the whole area of the Santa Ana/Costa Mesa border;
that most of the development in the area was less than four years old;
that there were many small businesses around the property in question;
that there was a need for a bookstore on the property if Only to service
members of the congregation of Calvary Chapel of Costa Mesa; that
it was important that work that had begun on that property be continued
with young people using their creative talents to fashion religious
objects for sate.
Hugh Foreman, 2530 North Grand, spoke in favor of the appeal, stating
that the property had been on the market for at least a year and that
there had been no bffers other than the proposal in question; that in'his
opinion the proposed business was the proper use of the property and
actually would be an asset to the property.
There were no opponents in the matter.
Council granted the appeal and instructed the City Attorney to prepare
a resolution approving Conditional Use Permit 73-Z subject to -the
conditions of approval contained in the Commission report on motion
of Councilman Herrin, seconded by Councilman Yarnamoto, and carried
on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Yarnamoto, Villa, Evans, Griset
Patterson, Markel
None
Prior to voting, Councilman Markel stated that he would vote NO because
by supporting the motion he would be supporting spot zoning and that
the area was quite residentially developed.
(CA 13'. 3)
CITY COUNCIL MINUTES 76 MARCH 12, 1973
PUBLIC HEARING The Mayor opened the public
APPEAL #315 hearing on Appeal #315 filed
JOSEPH N. TURNER by 3oseph N. Turner appeal-
ing standard Planning
requirements 7 and 8 of the Zoning Administrator's Report on Minor
Exception 73-5, requiring that the business remain a bona fide eating
establishment as defined by the Alcoholic Beverage Control and there
be n? gaming .devices, such as pool tables, pinball machines, motion
picture booth, st etc., at a restaurant to be constructed at 2527 South
Main Street, and asked for a staff report.
The Planning Director stated that neither the applicant, Cal Enterprises,
nor the proposed lessee and appella~nt, Joseph N. Turner, had attended
the Zoning Administrator's hearing, and that the Minor Exception had
been granted with the usual standard conditions; that subsequent to the
hearing, it was brought to the Zoning Administrator's attention that five
or six pool tables were desired and that the establishment would not be
a bona fide eating establishment as defined by the Alcoholic Beverage
Control Law.
Wilfred W. Steiner, Attorney for the appellant, 880 East Colorado
Boulevard, Pasadena, spoke in favor of the appeal, stating that his client
was not intending a topless or bottomless type of operation; that the
restaurant would specialize in a line of excellent sandwiches at low
prices; that his client had six existing establishments of that type in
other areas that were good, clean, well-run establishments.
In response to questions from Council, the appellant, Joseph N. Turner,
stated that he was applying to ABC for a Public Premises license and
that the difference between a bona fide restaurant and public premises
as defined by ABC was that with a bona fide restaurant, the establishment
is required to carry breakfast, lunch and dinner items; that his proposed
establishment would carry only sandwiches as opposed to lunches and
dinners; that griddle sandwiches were prepared from lh00 A.M. to
2:00 P.M.; but that sandwiches were available for z0 hours per day;
that if the demand war~anted it, they would serve evening food from
5:00 to 8:00 P.M. three or four n. ights a week.
Councilman Villa's motion to grant the appeal and instruct the City
Attorney to prepare the appropriate resolution was seconded by Council-
man Evans, and carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Villa, Evans, Herrin, Patterson
Griset, Yamamoto, Markel
None
Prior to voting, Councilman Yamamoto stated that he could not support
the motion because it would allow a liquor establishment within 300 feet
of a residential district.
Mayor Griset stated that he would vote against the motion~for the same
reason.
Councilman Evans inquired as to what type of gaming devices were proposed
at the restaurant, and the appellant responded that they intended to put
in only coin operated cigarette machines and coin operated pool tables.
CITY COUNCIL MINUTES 77 MARCH tZ, 1973
Councilman Patterson stated that he had been very much in favor of the
ordinance adopted to reduce or stop the proliferation of enterprises
where alcoholic beverages were served and where there was entertain-
ment within 300 feet of R 1 property, however, it appeared that the
proposed restaurant would be built approximately 600 feet from any R 1
property because of the location of the building on the lot.
Councilman 'Yamamoto's motion to retain standard Planning requirement
8 of the Zoning Administrator's Report on Minor Exception 73-5, requir-
ing that there be no gaming devices, such as pool tables, pinball
machines, motion picture booths, etc., except that the restriction
regarding pool tables should be omitted, was seconded by Councilman
Herrin, and 'unanimously carried. (CA 13.3)
AGENDA ORDER
to accommodate the applicant.
The Mayor announced that
Agenda item 87 would be
considered next in order
POOL TABLE APPLICATION Council approved the. request
JOSEPH TURNER from Joseph Turner dated
February 26, 1973 for permit
to operate eight pool tables at the restaurant to be known as "Bobken",
located 70 feet north of 2533 South Main Street, on motion of Councilman
Patterson, seconded by Councilman Evans, and carried with Councilman
Yamamoto voting NO. (CA 91.1)
PUBLIC HEARING The Mayor opened the
APPEAL #317 public hearing on Appeal
WEIGHT WATCHERS, INC. #317 filed by Weight
Watchers, Inc. appealing
the Zoning Administrator's denial of Minor Exception 73-4 for waiver
of required block wall adjacent to a residential zone at 2130 East Fourth
Street, and requested a staff report.
The Plannii~g Director stated that the Minor Exception had been denied by
the Zoning Administrator because although a motel existed on the adjacent
property to the east, there was also an existing single family residence
at the north end of the property to the east opposite the parking lot
proposed by appellant.
Nancy Holly, Executive Secretary for the Director of Weight Watchers,
Inc., stated that there was a motel located on the property adjacent to
their own; that an old home had been moved onto the property by the
owner, and that the owner had stated that the home would be demolished
to eventually develop the property for commercial use only; that if
Council felt a wall was necessary, she was requesting permission to
put up a wooden fence of their choice to eliminate the high cost of a
block wall.
CITY COUNCIL MINUTES 78 MARCH 12, 1973
Maureen Sutton, 2211 E. First Street, the owner of the adjacent parcel,
spoke in opposition to the appeal, stating that she had moved a home onto
her property in 1964 at great .expense; that she had had to give to the
City the street in front of the home; that she had put in side walls;
that the residents of the motel were mostly Marine families with
children; that the children and pets played on the adjacent lot; that a
wooden fence would look terrible and she would like the privacy o f a
wall across the parking lot; that she would not be willing to participate
in the cost of a block wall with appellant.
Frances Nebel, 420,South Euclid, Anaheim, also spoke in:opposition
to the appeal, stating her interest in retaining the R 3 zoning in the
Councilman Patterson's motion to uphold the decision of the Zoning
Administrator and instruct the City Attorney to prepare a resolution
denying Minor Exception 73-4, was seconded by Councilman Evans,
and carried on the follo wing roll call vote:
AYES: Patterson, Evans, Villa, Herrin, Griset,
NOES: None
ABSENT: None
Yamamoto, Markel
Prior to voting, the Council consensus was that there was no reason to
waive the requirement of a block wall to protect the adjacent use,
particularly where there wouldbe a lot of pedestrian traffic. (CA 13.3)
ORAL COMMU, NICATIONS Paul Hurst, 100 W.
MacArthur Blvd. ,
referred to the termina-
tion of two probationary city employees, Mary Childs and Gloria Damitio,
formerly, employed at the Central and West Community Centers respec-
tively, and requested Council to provide the citizens of the community
with reasons for their termination because the neighborhoods had been
very satisfied with their performance at the Centers.
After considering the presentation, the Council consensus was that the
matter was entirely adrrinistrative in nature, as defined in the City
Charter, and that a full report had been provided to the former employees
and to the Council by the administrative staff. (CA 50)
ADJOURNMENT
The Mayor adjourned the
meeting at 9:15 P.M.
Florence I. Malone
Clerk of the Council
CITY COUNCIL MINUTES 79 ,MARCH 1Z, 1973