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HomeMy WebLinkAbout03-19-1973MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA March 19, 1973 The meeting was called to order at 2:05 P.M. by Vice Mayor Wade Herrin in the Council Chambers of the City Hall, 22 Civic Center Plaza, with the following Councilmen present: J. Ogden Markel, Jerry M. Patterson, Ray Villa, and Harry K. Yamamoto. Mayor Lorin Griset arrived at 2:06 P.M., and Councilman Vernon S. Evans arrived at 2:13 P.M. 'Also present were City Manager Bruce C. Spragg, City Attorney Jam&s: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 2:08 P. M,, Council recessed to convene the Housing Authority. The meeting reconvened at 2:20 P.M. with all Councilmen present. MINUTES The Minutes of the Regular Meet- ing of March 5, 1973, and the Adjourned Regular Meeting of March 12, 1973, were approved as submitted, on motion of Councilman Herrin, seconded by Councilman Yamamoto, and unanimously carried. OLD CITY HALL PURCHASE The Council discussed an article in the REGISTER on Sunday, March 18, 1973, regarding the purchase of the Old City Hall by the Del Pueblo Management and Development Co. , 2509 South Main. Councilmen Evans, Herrin and Markel stated that at the time of the auction sale of the property on February 20, 1973, they had been under the impression that the property had been purchased by Banco del Peublo rather than Del Pueblo Management and Development Co. The consensus of the remaining Council m embers was that there may have been some confusion regarding the name of the purchaser due to the fact that at the property auction, the statement was made that the building would be occupied by Banco del Pueblo and that some officers of the bank are also partners of the Company. (CA 45A) SPECIAL RECOGNITION who were participating in Youth Civics Day. in behalf of their respective schools: The Mayor gave special recognition to high school students in the audience The following students spoke Desni Scott, 2424 N. Tustin Ave., representing Santa Aha High School; Matt Tully, 1030 Sherwood Lane, representing Mater Dei High School; Monica Gonzales, 2205 Civic Center Drive West, representing Valley High; Tina Anatra, 2528 S. Pacific, representing Saddleback High School; and Porter Smith, 1942 N. Baker, speaking on behalf of DeMolay. The student consensus was that they were greatly enjoying Youth Civics Day, and that the event should be continued on an annual basis. (CA 83.3) EXECUTIVE SESSION C omrd s s ion. Council recessed to an Executive Session at 2:50 P.M. to consider an appointment to the Planning CITY cOUNCIL MINUTES 80 MARCH 19, 1973 PLANNING COMMISSION Mr. Din Griset, 1317 North APPOINTMENT Garnsey, was appointed to the Planning Commission to fill the vacancy created by the resignation of Commissioner Waldo Haug, on motion of Councilman Patterson, seconded by Councilman Villa, and carried on a 4 - 2 vote with Councilmen I-Ierrln and Markel dissenting and Mayor Griset nbs raining. Prior to the motion, Mayor Griset stated that he had not participated in the discussions or recommendations regarding the appointrrent of Dan Griset, his son, to the Planning CommiSsibn. (CA 78.1a) CONSENT CALENDAR The following Agenda items were removed from the Consent Calendar: Items 5 B, 5 C, and 5 E requested by Councilman Yamamoto. On motion of CoUncilman Herrin, seconded by Councilman Evans, 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 adver tis errent SPEC. 73-004 - Added equipment for Fire Department Breathing Air Filling Station; Opening April 6, 1973, 2:00 P.M. (CA 89 G) BID AWARDS responsible bidder: Awarded contracts as follows on the basis of lowest, best and most SPEC. 73-00Z - Drapery material for various offices in City I-~ll and,Council Chambers (CA 89 G) ALCOHOLIC BEVERAGE LICENSE APPLICATIONS License Application: Received and ordered filed the following Alcoholic Beverage LUCKY TWO, INC. , 1530 S. Greenville, Off Sale Beer & Wine; Person to Person Transfer. (CA 146) The City Attorney was instructed to file a pretest with the Alcoholic Beverage Control Board on the following applications because the location is within 300 feet of a residential zone and4s therefore subject to the Minor t~ception Permit procedure: WILSON, Richard T., 2821S. Bristol, On Sale Beer & Wine (Bona Fide Public Eating Place); Original. (CA 146; CA 146A) CITY COUNCIL MINUTES 81 MARCH I9, 1973 GELLER, Richard M., 3800 S. Plaza Drive, On Sale General (Bona Fide Public Eating Place); Priority No. 10 (CA 146; CA 146A) SOLICITATION APPLICATION Approved the following solicitation application: NATIONAL EASTER SEAL SOCIETY FOR CRIPPLED CHILDREN AND ADULTS, INC. - Bike-A-Thon part of the overall Easter Seal campaign effort; from March 31, 1973 to April 8, 1973. (CA 91) VARIANCES Received and ordered filed the following applications: VA 73-5, MINEO SHINODA - To construct temporary greenhouses for plant propagation purposes only, in the C 2 and R 1 Districts at 4810 West 17th Street; APPROVED. (CA 13) VA 73-8, WILLIAM A. AND CAROLYN K. CRONBERGER - To increase the number of guests and to include additional buildings in an existing rest home in the R 1 District at 501-507 Anahurst Place; APPROVED (CA 13) VA 73-9, DAN PETTAY AND STEVEN R. FRACK - To allow expansion of a pet hospital in the C 5 District originally approved under VA 1700 at 1520 North Grand Avenue; AP PROVED. (CA 13) PUBLIC PROPERTY USE Property: Approved the following application for Special License to Use Public NATIONAL EASTER SEAL SOCIETY FOR CRIPPLED CHILDREN AND ADULTS, INC. - Bike-A-Thon beginning at Cerritos College; check points in Santa Ana are Prentice Park andAdarns Park, on March 31, 1973 from 8:00 A.M. to 3:00 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 March 8, 1973 through March 14, 1973. (CA 155; Deeds 5191, 5192, 5193) TENTATIVE PARCEL/ TRACT MAPS Planning Director's report: Approved the following maps subject to condi- tions contained in the TENTATIVE PARCEL MAP #789 - Filed by Antone Borchard Estate, creating two (2) Ri-PRD parcels; parcel #1 to be used for residential development and parcel #2 to be used for future church and CITY COUNCIL MINUTES 82 MARCH 19, 1973 school site (private school), located generally south- east of the intersection of Warner Avenue and Green- ville Street. (CA 25) TENTATIVE PARCEL MAP ~796 - Filed by W. H. Daum and Staff, creating ten (10) M 1 parcels to be used for industrial uses, located generally on the east side of Ritchey Street at Glenwood Place and Saint Andrew Place. (CA 25) * * * * * * * * * * * CONSENT CALENDAR FINIS * * * * * * * * * ** ALCOHOLIC BEVERAGE Council considered the LICENSE APPLICATIONS Alcoholic Beverage License Application of James R. and June R. Mulligan, and CounCilman Herrin's motion to receive and file the application, seconded by Councilman Evans, was substituted by a motion to consider the item later in the meeting pending receipt of additional information from staff made by Councilman Herrin, seconded by Councilman Patterson, and carried with Councilman Evans voting NO. Councilman Patterson's motion to receive and file the following application was seconded by Councilman Herrin, and carried with Councilman Yamamoto voting NO: SCHOONOVER, Betty J., Executrix of the Estate of Charles L. Schoonover, Sr., 1802 S. Standard, On ' Sale General (Public Premises); Person to Person Transfer. (CA 146) Councilman Herrin's motion to recexve and file the following application was seconded by Councilman Patterson, and carried with Councilman Yamamoto voting NO: BROOME, MaryA. and Norman L., 1Z15-A East Pomona Street, On Sale Beer; Person to Person Transfer~ (CA 146) READING WAIVED On motion of Councilman Herrin, seconded by Councilman Evans, and unanimously carried, the full reading of ordinances and resolutions, the titles of which appeared on the public Agenda, was waived. ORD. NS-1157 ORDINANCE NS-1157 - ADDING TO MUNICIPAL CODE AN ORDINANCE OF THE SCREENING OF APPURTENANCES CITY COUNCIL OF THE CITY OF SANTA ANA ADDING SECTIONS 41-120 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 adopted on motion of Councilman Herrln, seconded by Councilman Evans, and carried on the following roll call vote: CITY COUNCIL MINUTES 83 MARCH 19, 1973 AYES: Herrin, Evans, Villa, Griset, NOES: None ABSENT: None (CA 10.1; CA 74) Yamamoto, Patterson, Markel 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 2 THEREOF RELATING TO EMERGENCY ORGANIZATION AND FUNCTIONS was adopted on motion of Councilman Herrin, seconded by, Councilman Patterson, and carried on the following roll call vote: AYES: Herrin, Patterson, Villa, Evans, Griset, Yamamoto, Markel NOES: None ABSENT: None ,. ' (CA 79; CA 144; CA 74) RES. 73-22 RESOLUTION 73-22 SANTA ANA RIVER URGING THE UNITED BASIN FLOOD HAZARD STATES CONGRESS TO APPROPRIATE FUNDS TO COMPLETE THE STUDY OF THE SANTA ANA RIVER BASIN FLOOD HAZARD, AND IMPLEMENT MEASURES TO ALLEVIATE THE THREAT OF FLOODING was adopted on motion of Councilman Patterson, seconded by Councilman Yamamoto, and carried with Councilman Herrin voting NO. (CA 53) POOL TABLE APPLICATION Council approved the HENRY V. PERALTA application of Henry V. Peralta dated March 6, 1973, for permit to operate two pool tables at the business known as "Local Tavern", 219 South Bristol, on motion of Councilman Evans, seconded by Councilman Herrin, and carried with Councilman Yamamoto voting NO. (CA.91.1) COMMUNITY REDEVELOPMENT The Mayor announced that the AGENCY PARTICIPATION City Attorney's Opinion No. 73-22 dated March 9, 1973, regarding the responsibility of a City Councilman to serve as a member of the Redev~Iol~ment Agency and Housing Authority Commission, was open for discussion. Councilman Patterson stated that he would like to hear from Councilman Markel on the subject; that when a Councilman is elected, everyone expects him to serve, even if only to vote NO on matters he does not agree with; and that a Councilman should take a position on each and every issue that comes to him. CITY COUNCIL MINUTES 84 MARCH 19, 1973 Councilman IViarkel responded that he had read the City Attorney's opinion and was aware of the remedies available if~ he refused to serve; and that he would not sit on the Santa Ana Redevelopment Agency per se with all of its ramifica~ions~' Councilman Herrin stated that he probably shared many of the same emotions as Councilman Markel regarding the Housing Authority and the Redevelopment AgenFy; that he had not supported either of them and had made a public statement that he would not serve as a member of the Housing Authority; however, after having some serious discussions with some of the people he considered to be supporters and constituents who had expressed their desire to be properly represented, he felt that he had no alternative but to serve; and that by not serving, the result would be the same as an approval. Councilman -Villa stated that Mr. Markel's actions set a precedent which would allow any Councilman to walk out when he did not want to face the issue; that the alternatives set forth in the attorney's opinion were too drastic; that when the people are not being served, they should come forth and protest and it should not be left to fellow Councilmen to point out the failure. Councilman Evans stated that there were many issues that were difficult to face, but that it was the responsibility of a Councilman to cast his vote; that Councilman Markel was failing in his duty to the elected people by not protesting by negative vote. Mayor Griset stated that he was very disappointed in Councilman Markel's position, however, he would have no part in any effort to recall or judicially remove or prosecute him. Councilman Yamamo~o stated the~e were others on the Redevelopment Agency who would expect to be given the same treatment ;and be given permission not to vote if they did not want to; that he knew Councilman Markel was very sincere in his opinions, but that the people were not being given proper representation by his refusing to serve. Councilman Evans stated that under no circumstances would he support action of any kind against Councilman Markel, but that he would expect to receive the same treatment from Council if he refused to serve on any controversial mat ter. Councilman Patterson stated that his main concern was one of precedent; that he did not believe that Councilman Markel deserved special treatment; that he would support any, kind of action necessary to cause any Councilman to do his job. (CA 81.1; CA 82) TRAFFIC CONTROL Council received and ordered STANFORD STREET filed the report of the Director AT KING STREET of Public Works dated March 14, 1973, and instructed the Police Department to continue speed enforcement activity in the area of Stanford and King Streets, as much as manpower limitations permitted, on motion of Councilman Herrin, seconded by Councilman Yamamoto, and unanimously carried. (CA 18.3a; CA 151.5) CITY COUNCIL MINUTES 85 MARCH 19, 1973 BID NO. 7034 :Council considered the DEMOLITON OF COMMUNITY CENTER Summary of Bids dated AND AUDIO VISUAL BUILDING March 14, 1973, for the demolition 'of the Community Center and Audio Visual Building, located at 1104 West Civic Center Drive. On motion of Councilman Yamamoto, seconded by Councilman Patterson, and unanimously carried, Council authorized waiver of bid advertisement procedure in accordance with Charter Section 421, based on a finding that the work iQ of urgent necessity for the preservation of life, health, or property, and awarded the contract to Kennedy Land Clearing Co., Santa Ana, for completion of demolition per specifications, on the basis of being the lowest responsible and best bidder to comply with the specifications. Prior to voting, Councilman Evans stated that he had received a telephone call from a Mr. Harrelson, who indicated that he had been deprived of an opportunity to purchase wire at the location. The Purchasing Agent stated that Mr. Harrelson had been interested in the copper wire and conduit that had been left in the burned out portion of the Community Center building; that the Fire Department had removed that wire and was using it for installation of air conditioners in various fire stations; that if there was any surplus it would be sold at auction at a later date. (CA 89 G; CA 45) ORAL COMMUNICATIONS Mr. Billy C. Hall, Executive BUS ROUTES AND TERMINAL Director of the Santa Aha City Center Association, P.O. Box 1896, distributed to Councila copy ofaletter dated March 19, 1973, addressed to the Orange County Transit District requesting realignment of existing bus routes, or the addition of new routes, and a more suitable location for terhiinal operations to better serve the needs of the City, and requested that Council consider the proposals contained in the letter. Councilman Evans' motion to refer the letter to staff was seconded by Councilman Villa, and unanimously carried. (CA 84; CA 84.4) ALCOHOLIC BEVERAGE Council considered the Alcoholic LICENSE APPLICATION Beverage License Application of James R. and June R. Mulli- gan, 4406 West Bolsa, On Sale Beer; Person to Person Transfer, which had been deferred earlier in the meeting pending additional information from staff, regarding a lease on the premises which had been entered into in conjunction with a former ABC application. Lieutenant Eugene Hansen of the Police Department stated that it was his understanding that the conditions placed on the license at the present time were not transferable, however, there was not sufficient cause to protest a person to person transfer at the premises. Councilman Yamamoto's motion to instruct the City Attorney to prepare a letter protesting the application until such time as the transferee submits a lease to the City Attorney for his approval that was similar to the lease held by the transferor, was seconded by Councilman Evans, and carried with Councilman Patterson voting NO. (CA 146; CA 146A) CITY COUNCIL MINUTES 86 MARCH 19, 1973 ORAL COMMUNICATIONS Councilman Evans thanked the Director of Building and Safety for his letter regarding high-rise buildings, and suggested that it be distributed to each Councilman. (CA 87) RECESS ' ~' At 4:10 P.M., Council recessed to dinner and a joint meeting for discussion purposes only with the City Council of Garden Grove at the Saddleback Inn to discuss the Willowlck Golf Course Agreement and other items of mutual interest. The press and public were invited to attend. JOINT MEETING The joint dinner meeting GARDEN GROVE CITY COUNCIL AND between the City Councils of SANTA ANA CITY COUNCIL Garden Grove and Santa Aha was convened at 5:10 P.M. in the Trabuco Room ab the Saddleback Inn, 1660 East First Street, by Mayor Bernard Adams. The following persons were in attendance: Garden Grove Council and Staff: Bernard Adams, Mayor Woodrow Butterfield, Councilman Walter Donovan, Councilman Lewis Lake, Councilman · Lawrence Schmit, Councilman Richard Powers, City Manager Eric Lauterer, City Attorney Owen ~Witthauer, Assistant City Manager Delbert Po~vers, Assistant City Manager Owen Wiesner, Administrative Services Director Ruby Silva, City Clerk Richard Rafanovic, Assistant City Manager Pat Randolph, Attorney, O'Melveny and Myers William Barker, President, Garden Grove Chamber of Commerce City of Santa. Aha Council and Staff: Lorln Griset, Mayor Vernon S. Evans~ Councilman Wade Herrin, Councilman J. Ogden Markel, Councilman Jerr~y Patterson, Councilman Ray Villa, ~ Councilman Harry I<. Yamamoto, Councilman BruceSpragg, City Manager James Withers, City Attorney Tom Andrusky, Assistant City Manager Gene Judd,, Fire Chief John Stevens, Assistant Director of Public Works Bomo Koral, Park Superintendent Representatives of the press were also in attendance. CITY COUNCIL MINUTES 87 MARCH 19, 1973 WILLOWICK GOLF COURSE The City Manager of Santa STATUS SUMMARY Aha distributed a status surnrnary of the pending agreements between Santa Ana and Garden Grove relative to the Willowick Golf Course. He stated that the Santa Aha City Council had tentatively approved the memorandum of agreement calling for the City's de-annexation of Willowick and the acquisition of three parcels of land for Garden Grove to round out the property Santa Aha would need to develop a park site in the Willowick Area, and had requested the City Attorney to research the legal ramifications. The City Manager of Garden Grove stated that the basic concern has been the need for retaining the Golf Course as perpetual open space; that his Council had retained the legal firm of O'Melveny and Myers to answer any concerns that the cities might have; that the Willowick de-annexation was one of a series of items for mutual cooperation. The Santa Ana~City Attorney stated that several legal points had been raised and discussed; i.e., the matter of obtaining the consent of the bond holders to the entire transaction, including a determination regarding purchase of the park site parcels or a long-tera~n lease agreement; that research had indicated a 50-year open space easement for Willowick would probably not be enforceable. Pat Randolph, Attorney, stated that Garden Grove had retained him to develop the best binder that the golf course would remain open space; that research had established the most effective way to be the 50-year open space easement; and that the trustee for the Garden Grove Willowick Recreational Facility, Inc. , Crocker National Bank, had given written consent to the proposed easement. He stated that the bond holders' consent would be necessary to effect the sale of the park site parcels in Santa Aha and to impose the open space easement on their secured interest in Willowick; that in the event Garden Grove violated the easement, Santa Aha could enforce it and that bondholders' consent would not be necessary for Santa Aha to require that Garden Grove use the property for open space only; and that the easement would not affect Garden Grove's right to condemn the easement. The City Attorney of Garden Grove, referring to the possibility of condemnation by Garden Grove, stated that he would be willing to recom- mend that the Garden Grove City Council approve a formula whereby a pre-determined value amount for the entire transaction would be stipulated for payment to the City of Santa Ana as an extra protection in the event a future Council might initiate condemnation proceedings. Mr. Withers stated that other factors of the proposed agreement regarding expenditures of funds for street alignrnents, storm drains and improve- ments to the golf course would not necessarily be binding on future Councils. Councilman Patterson requested: (1) Some security regarding the legislative agreement cornrnitments by Garden Grove; (2) Some indica- tion of what the fair market value would be at a future date, up to five years; (3) Comment on the possibility of the three parcels being severed from the golf course to become part of Santa Aha sooner than the lease arrangement would provide. CITY COUNCIL MINUTES 88 MARCH 19, 1973 City Manager Powers stated that Garden Grove would put necessary funds into an escrow to secure the storm drain and street improvements. City Attorney Lauterer stated that the Garden Grove City Council could not unilaterally decide to subdivide or take the Willowick property by eminent domain; that such a decision would have to be made by the voters pursuant to state law relative to park lands. (CA 5Z. 6; A-73-3) CITY-SCHOOL Park Superintendent Koral JOINT FACILITIES USE PROGRAM described the Santa Ana Schools - City joint use program of park facilities under 25-year agreements with the various school districts in the City. City Manager Spragg offered to make copies of the agreements available to Garden Grove in the event it wished to implement a similar program. (CA 38.4) GARDEN GROVE City Manager Powe rs MANAGEMENT CONCEPTS described Garden Grove's team management concepts and the community seminar recently held at the Western White House. RECESS At 7:10 P.M., the joint Councils' Meeting was recessed. The Santa Aha Council reconvened its regular meeting at the City Hall Council Chambers, 22 Civic Center Plaza, at 7:30 P.M. with all Council members present. Following the Pledge of Allegiance to the Flag, the Invocation was given by the Reverend Dr. Donald E. Reiter of the First Baptist Church. (CA 80.17) PLANNING COMMISSION APPOINT MENT congratulated by Council. (CA 78. la) Dan Griset was sworn in by the Clerk as a member of the Plan- ning Commission, and was PRESS RELEASE The Mayor invited Hector HECTOR GODINEZ Godinez and Rudy Gallegos RUDY GALLEGOS to speak as the first item of · business; however~ the item was deferred until they were available to make their presentation. STREET VACATION Poinsettia Street south of Penn Way. The Mayor opened the public hearing ,on the proposed vacation of a portion of The Assistant Director of Public Works stated that the City had no intentions of ever extending Poinsettia street to the south and therefore his department recommended adoption of the resolution. There were no proponents or opponents, and the Clerk reported no written communications had been received. The Mayor closed the public hearing. CITY COUNCIL MINUTES 89 MARCH 19, 1973 RESOLUTION 73-17 ORDERING THE VACATION OF A PORTION OF POINSETTIA STREET SOUTH OF PENN WAY was adopted on motion of Councilman Herrin, seconded by Councilman Yamamoto, and carried on the following roll call vote: AYES: Herrin, Yarnamoto, Villa, Evans, Griset, Patterson, Markel NOES: None ABSENT: None (CA14) PRESS RELEASE HECTOR GODINEZ RUDY E. GALLEGOS and invited them to speak. The Mayor acknowledged that Mr. Hector Godinez and Mr. Rudy E. Oallegos were in the audience, Councilman Villa stated that he would like the Clerk to record everything that would be said verbatim so that the Register might have the right account of the testimony. Mayor Griset stated that he assumed since there was no objection that the matter could be taken out of order, but that he would abide by Coucil's direction. Councilman Evans stated that he thought the rest of the people should have the same privilege; that items should be considered in agenda order. Councilmen Evans and Herrin agreed that they had an agenda and items which are not publicly notified belong on the oral communications portion of the agenda. Councilman Villa's motion for a special order of business to give the floor to Hector Godinez and Rudy E. Gallegos, was seconded by Councilman Patterson, and carried on the following roll call vote; AYES: Villa, Patterson, Evans, Herrin, Griset, Yamamoto, Markel NOES: None ABSENT: None Hector Godinez: I am very grateful for opportx~nity to be able to speak to this august group this evening. Very proud of being an American and proud of the opportunity this city has given its citizens. The press should be and is guardian of public service and public actions. I feel this as strongly as any man can. For everything to be equal, there has to be a certain amount of responsibility on both sides of the fence. I will read a press release concerning a recent article in the Register which bothers me very much. I hope that you have the patience to listen to me read a 2-page press release. I make this presentation because I am a proud man, and Mexican-American people are proud people. We approached in a businesslike manner. We approached the City Council in an open manner and advised them of the company that had been formed to take the forefront in the negotiations of this building. We are in a position where we feel our usefulness to the Commission may be somewhat compromised. I believe in honor and I would like to extend to you my resignation if you desire to pick it up. I love this town and believe it has great potential. It needs agressive people to bring the town' into proper perspective in the county. Its representatives can give help and potential CITY COUNCIL MINUTES 9O MARCH 19, 1973 to betterment of Santa Aha. I feel real close to this town and it has been bothering me for the weekend because I feel my reputation has been in some way compromised. We will not be the stepping stone or the excuse for anybody to batter any group of people. We are taking a rightful place in the community--we will defend our city, our country--we are proud to be Americans. We are going to defend ourselves and this we intend to make completely clear. Mayor Griset: On behalf of myself, and, I trust, on behalf of the Council, I felt outraged by the kind of article which attacked the ethics and all of those things that were unjustly used in trying to discredit the auction of the old city hall to your fi~m. I think the interests of the City of Santa Aha were s~rved in selling to you. It's advantageous to the City and to your Company. I can't think of a transaction that I was any happier about in terms of benefits to both parties. It was all done in the open, done after extensive advertising. There was some misunderstanding about the formation of your management company, but this in no way repudiated the transaction. It was handled in the open and since we understood that you had formed another company based on a binding lease with the Banco del Pueblo, it became the same thing. There is no issue legally or in terms of open kind of transaction that occurred here on this floor. I congratulate you for your response. I was delighted to see that this was being done because it was exactly the way I felt and I think the way most of the members of our Council felt, I would be disappointed if we accepted your resignation. I know I would vote against accepting it, and I would not want to see you resign because I think you can contribute a great deal. I don't think the confidence of the people of Santa Ana has diminished in this. The kind of attack-made upon you needs to be called, and this letter does it in very good fashion. Councilman ¥illa's motion for a minute order to endorse the letter to Mr. James Dean, Executi~ze Editor, Santa Aha Register, from Rudy E. Gallegos, President of Del Pueblo Management and Development Company, dated March 19, 1973, and the press release read by Hector Oodinez, was seconded by Counc~ilman Evans, and unanimously carried. Rudy Gallegos: I have here before me a letter that I have directed to Mr. James Dean, Executive Editor of the Register, 6Z5 North Grand Avenue. (Mr. Galtegos re~d the letter in its entirety and requested that it be filed for the record. CA 45A) , Wade Herrin: The statements made.in the letter, I would find reluctance to approve in, the same manner. -I don't think our Council should be involved in that kind of legal action. I certainly have a very strong feeling with respect to the news release and I am willing to join in support of it. Mayor Griset: I don'tthink that our action commits the City Council to any legal action. Our endorsement of this letter simply means that we agree with the two men, Mr. Godinez and Mr. Galleg~os, and ttleir charge that the Santa Ana Register article is fraught with implications and unfounded accusations. Wade Herrin:, ~I would vote to approve action with regard to the press release. I don't think that as a member of the Council I should be involved in a letter directed to Mr. James Dean and signed by Mr. Gallegos because that is an action between those two parties. CITY COUNCIL MINUTES 91 I MARC~I 19, 1973 Jerry Patterson: I would like to suggest that Mr. Gallegos expand his letter to include not only Del Pueblo Management and Development but those indi.viduals mentioned in the article, and have them sign the letter as well.~ I would be more th, an happy to stand behind everything in that letter. It is too bad that the newspaper that considers itself to be the watchdog of the local government is not represented by their reporter tonight. They chos~ apparently, not to be here to hear the rebuttal to the article. I read about the first two-thirds or half and found it so far away from the true facts and so slanted that I didn't finish. Too bad that the article could not have been just that--instead of an editorial against the Santa Ana Redevelopment plan and I apologize to the extent that Mr. Godinez and Mr. Gallegos are members who happen to be caught in the attack the Register is making upon the Redevelopment Agency. They apparently looked really hard for something to write 'about. If you read the Sunday article, you read lots of things in there like "two City appointed officials who had expected to play key roles.." It was full of a bunch of misstatements, like "City Hall quietly purchased." It was done after public hearing--at open and competitive auction and would have been sold to the highest bidder--they were the only bidder. It is too bad we can't get a little better reporting done. If it were on the editorial page, O.K., but as a news article it was not factual. Everyone whose name was mentioned should demand a retraction. See if you get it. Ogden Markel: My opinion and friendship for the names of any of the men mentioned in this article didn't lessen one iota. I think that these men will all understand what I say that the friendship and opinion I have of them is of the same high calibre. This may be a miscarriage of judgment, however, speaking for myself. The gentlemen whose names are in this article have not dropped any particle in the depths of my opinion of them. I think maybe we are just adding fuel to the fire. It is unfort~nate that this thing had to come up. I was very happy the night that Banco del Pueblo were the bidders for this property. Iunderstood that then, and I have no different opinion. Wade Herrin: I have tremendous admiration for the comment that was made throughout the entire press release. There is one that stood out in my mind with regard to the group of men. (Read from press release: ".. remodeling this building without handouts, which might prove to other possible participants in the downtown core area that this can be done by private enterprise without the help of any governmental agency. ") Vernon Evans: I have to feel like Hector Godinez and Rudy Gallegos on occasions due to the fact of my connections with First American Title Co. It is of public record and I would like to keep it that way. I would like to indicate that using free enterprise, not waiting for the Redevelopment Agency to condemn, we have purchased the Penny's building for expansion and intend to develop it in the same way that we have the Fifth and Main building. Mayor Griset: I applaud the First American Title Insurance and Trust Company. (CA 45 A) PUBLIC HEARING The Mayor opened the public APPEAL - DANCE PERMIT hearing on the appeal filed by JOHN CONLEY John Conley, on behalf of Edward F. Eisenbeiss, Lee J. Hasenjaeger, and Leland Finley, from the Police Chief's denial of a dance permit at the cocktail lounge located at 2470 N. Tustin Avenue, Unit D. CITY COUNCIL MINUTES 92 MARCH 19, 1973 The City IV~anager referred to the report of the Police Chief dated February 28, 1973, and stated that the dance permit had been denied for two reasons: (1) That the building failed to meet the statutory requirements relative to the size of the dance floor, and (2) That the operation was not a bona fide eating place as defined by the Business and Professions Code. The City Attorney stated that in addition there was a requirement that the establishment seat 35 people and that they have at least two live musicians present to furnish the music for dancing; that apart from Council's consideration, the Alcoholic Beverage Control Board would still require that there be a bona fide eating place. The Clerk reported no written communications had been received. Mr. John Conley, 12961 Greengrove Drive, Orange, the appellant, stated that they had come before Council the previous November with a Minor Exception appeal and had been granted permission to put in a cocktail lounge within 300 feet of a residential area; that they did not know at that time that they would not be able to get a dance permit; that their plans had showed a dance floor; that they would be willing to make the dance floor the required size and to subject the permit to any kind of restrictions desired by Council; that they were a first-class establishment and the dance floor would he for the benefit of customers and would never be used for any lewd or risque type of entertainment; that they intended to serve hors d'oeuvres during the course of the evening; that they also intended to have sandwiches brought in and that there would be an oven for customers' use in heating them. Councilman Yamamoto' s motion to uphold the action of the Police Chief in denying the dance permit was seconded by Councilman A4arkel, and carried on the following roll call vote: AYES: Yamamoto, l~4arkel, Herrin, Griset, Patterson NOES: Villa, Evans ABSENT: None Prior to voting, Councilman Yamamoto stated that the appellant had come before Council requesting one thing at a time with respect to the proposed establishment, and-~that Council should have been told about the dance floor when the~Minor Exception had been applied for. Councilman Patterson agreed, stating that it was the applicant's burden to inform Council of everything he intended to have at the time he applied for a/V~inor Exception. in response to an inquiry from Councilman Evans regarding potential police problems, the Police Chief stated that the denial had not been based upon any derogatory information; that the plans submitted showed the size of the dance floor to be approximately 70 square .feet and with revisions would be only Z10 square feet, and that in addition, the proposed establishment did not meet bona fide license criteria. Mayor Griset stated that he would be unable to support the appeal in view of the fact that the operation would not be a bona fide eating establishment. (CA 127) CITY COUNCIL MINUTES 93 MARCH 19, 1973 RECESS with all Council members present. At 8:30 P.M., a recess was declared. The, meeting reconvened at 8:40 P. M. , PUBLIC HEARING The Mayor opened the public APPEAL #316; VA 73-3 hearing on Appeal #316, filed RAY MADRID by Ray Madrid appealing the Planning Commis sion' s denial of Variance Application 73-3 to construct a 16-unit apartment complex in the R 1 District at 4416 W. McFadden Avenue and 721 South Newhope Street. The Planning Director summarized the reasons for denial contained in the Planning Commission's Finding of Fact dated February 12, 1973 and revised February Z6,, 1973, and pointed out to Council several examples of other locations in the surrounding R 1 Districts that had been approved for units. ,. The Clerk reported no written comxnunications had been received. Mr. Ray Madrid, the appellant, 902 South Newhope, stated that his parcel had always been described as a "'T-shape" parcel because the bottom part of the "T" had never been subdivided; that the property was 100 feet wide and 200 feet deep and could not be, split; that he had complied with all of the Planning Department requirements, including the requirement of 50% open space; that all setbacks had been met; that an attractive develop- ment was planned; that the corner adjacent to his property was for sale for the sum of $65,000 and it was doubtful that it would be developed R 1; that there was commercial development in surrounding areas; that one of the requirements was that a swimming pool be built; ' that he did not feel that the 16 units warranted a swimming pool, but that he did propose several other recreational facilities. Mr. Madrid presented to Council a landscape rendering. There were no opponents in the matter, and the Mayor closed the public hearing. Councilman Herrin's motion to grant the appeal and instruct the City Attorney to prepare a resolution approving Variance Application 73-3 subject to conditions of approval contained in the Commission report, was seconded by Councilman Evans, and carried on the following roll call vote: AYES: Herrin, Evans, Villa, Griset NOES: Yamamoto, Patterson, Markel ABSENT: None P~ior to voting Councilman Patterson observed that the Findings of Fact indicated that staff had recommended approval of the project for ten units only; that he could support the motion if for ten units, but that the density would be too high with sixteen units plus the existing dwelling on the parcel. Councilman Patterson requested that the record indicate that the appellant had visited him in his office for the purpose of discussing the matter with him, but that he had explained to the appellant that he was unable to discuss the merits of the case with him and had not done so. (CA 13.3) CITY COUNCIL MINUTES 94 MARCH 19, 1973 ORAL COMMUNICATIONS Mr. Norman Nienstedt, NORMAN NIENSTEDT 320 West Tenth Street, requested the resignation of all of the Council members, with the exception of Councilman Markel, stating that h.e was not satisfied with the job they were doing, and expressed his displeasure with a number of matters including the manner of the sale of the old city hall, the parking situation in the downtown area, the dangerous condition of the new city hall, the hostile treatment he had received at a Redevelopment Commission meeting and the incompleteness of the minutes of that Commission meeting, the fact that he had had to pay $ . 50 for the first page and $ .25 for each additional page for a copy of the minutes; and the community redevelopment project in general and how it would affect the citizens' natural property rights. Mayor Griset explained the purpose of the Redevelopment Act and invited Mr. Nienstedt to attend all of the Community Redevelopment meetings, and assured him that Council was vitally concerned about the citizens' property rights. (,CA 82) ORAL COMMUNICATIONS Councilman Patterson WILLOWICK referred to the dinner meeting that had been held that evening with members of the Garden Grove City Council and staff, and suggested that the transaction with the City of Garden Grove concerning the Willowick Golf Course de-annexation be approved or that it at least be approved at the next meeting, and urged Councilmen who wanted to suggest any modifications or additions to the proposed agree- ment, do so. Councilman Villa stated that there were still questions that had not been answered by the City of Garden Grove, and suggested that Council seek an opinion from outside legal counsel. The City Attorney stated that he would be happy to get the opinion of some outside authority, however, suggested that Council proceed that evening to agree on as many elements of the proposal as possible; he suggested that perhaps an agreement could be entered into where de- annexation could take place in two or three increments. There was discussion and clarification of ideas and facts concerning the proposed agreement between Council members and staff. Councilman Herrin's motion to adjourn the meeting was seconded by Councilman Evans, and failed to carry on the followlng roll call vote: AYES: Evans, Markel NOES: Herrin, Villa, Griset, Yamamoto, Patterson ABSENT: None Prior to voting, Councilman Patterson stated that he had not offered a motion on the Willowick Golf Course matter because he had wanted to give an opportunity to everyone to discuss the matter, and that he did not think the appropriate motion at that time was for adjournment. Councilman Patterson's motion to instruct staff to proceed with the preparation of a final agreement with the City of Garden Grove pursuant to talks to date, and in addition thereto, that they consider all the CITY cOUNCIL MINUTES 95 MARCH 19, 1,973 elements discussed that evening at the 5:00 P.M. joint meeting with the Garden Grove City Council, and in particular the including of the placing in escrow of any monies for the storm drains and street improve- ments that the City of Garden Grove was to perform, and to consider the fair market value of the open space easement in the event of a breach, was seconded by Councilman Villa, and carried on the following roll call vote: AYES:' ':PattersGn, Villa, Griset, Yamamoto NOES: Evans, Herrin, Markel ABSENT: N~ne After voting, Councilman Patterson stated that he was in favor of having the matter placed on the public agenda in the evening session for the next Council meeting and that it be mad~ known to the press that there would be discussion, but that he did not favor a legal notice publication. Air. Douglas Clarke, 1510 Mar Les Drive, spoke, urging Council to obtain outside legal counsel to aid in final negotiations with the City of Garden Grove. The Mayor expressed his appreciation for the time Mr. Clarke had devoted to:the study of the Willowick Golf Course matter, and stated that his domments had led to the addition of certain items in the proposed agreement. (CA 52.61 A-73-3) ADJOURNMENT The meeting was adjourned at 10:10 P.M. on motion of Councilman Herrin, seconded by Councilman Evans, and unanimously carried. Florence I. Malone Clerk of the Council CITY COUNCIL MINUTES 96 MARCH 19, 1973