The URL can be used to link to this page

Home My WebLink About06-07-1976MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OE SANTA ANA, CALIFORNIA June ?, 1976 The meeting was called to order at 2:10 P.M. in the City Council Chambers, 22 Civic Center Plaza, by Mayor John Garthe. The following Council members were present: David F. Ortiz, Harry K. Yamamoto, James E. Ward, and~Mayor John Garthe. Councilman Gordon Bricken arrived at 2:15 P.M.; Councilmen Vernon S..Evans and David L. Brandt were absent. The follow- ing Staff members were present: City Manager Bruce C. Spragg; City Attorney Keith L. Gow; Assistant City Manager Ronald Wolford; Deputy City Managers G. David Tayco and Manuel Rede; Director of Public Works John E. Stevens; Planning Director Charles C. Zimmerman; Police Chief Raymond C. Davis; and Clerk of the Council Florence I. Malone. INVOCATION PLEDGE OF ALLEGIANCE man David Ortiz. Following the Pledge of Allegiance to the Flag, the Invocation was given by Council- RECESS HOUSING AUTHORITY Authority; Council reconvened at Council members present. ' At 2:12 P.M. Council recessed to convene the adjourned regular meeting of the Housing 2:32 P.M. with the same Councilman Gordon Bricken arrived at 2:15 P.M. CONSENT CALENDAR The following items ITEMS REMOVED & were removed from the DISSENTING VOTES Consent Calendar: Item 12 A requested by Councilman Ward; Items 4 F and 5 D requested by Mayor 6arthe; Item 7 A requested by the applicant. Councilman Yamamoto registered NO votes on Items 4 D and 4 G. CONSENT CALENDAR Councilman Ward's STAFF RECOMMENDATIONS motion, seconded by APPROVED Councilman Yamamoto, to affirm the Staff recommendations on the following Consent Calendar items, carried unanimously [S:0): MINUTES Approved the Minutes of the Regular~Meet4' ings of May 17 and May 25, 1976. BID CALLS ment for bids Approved plans and specifications and authorized advertise- on the following: PROJECT 1362 - Widen Seventeenth Street from Olive Street to Ross Street. SPEC 76-019 - Uniform and towel rental service. CA 89 CITY COUNCIL MINUTES 205 JUNE ?, 1976 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued BID AWARDS Allowed the low bidder (Aldo's Landscaping Co.) to withdraw their bid based on a claim of clerical error; awarded the following on the basis of next lowest responsible bidder: PROJECT 6099 Construct.South Reservoir Park;awarded to West Con Construction Co., Inc., Irvine, in the amount of $70,616.00. Awarded the following on the basis of only responsible bidder: SPEC 76-013 - Leasing of Four Vehicles for undercover investigation (7-1-76 to 6-30-77); awarded to Bill's Car Barn, Santa Ana, in the amount of $?,200.00 for a twelve month period. ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed Staff report of the following: CAPORRIMO, Anna Maria & Joseph F. - 2525 WEst l?th Street, E, Original - "41" On Sale Beer & Wine (Bona Fide Public Eating Place) PROTEST Planning. MORENO, Juan M. - 403 West Fourth Street Original "40" On Sale Beer PROTEST~ f Police. PEDERSEN, Roy Paul 421 South Bristol Original "20" Off Sale Beer & Wine. PROSCHEK, Paul and BLACKMORE, Dee Ann - 701 North Harbor Person to Person Transfer "42" On Sale Beer & Wine (Public Premises). (Councilman Yamamoto registered a NO vote. Agenda Item 4 D.) SOUTHLAND CORPORATION, THE - 2626 North Bristol - Original "20" Off Sale Beer & Wine. YANG, Hyung - 1802 South Standard - Person to Person Transfer - "48" On Sale General. (Councilman Yamamoto registered a NO vote. Agenda Item 4 G.) NEGATIVE DECLARATIONS & VARIANCES of Fact on the following: Approved and filed the Negative Declara- tions and Findings VARIANCE 76-17 Filed by Vic Silver to encroach into an R 2B zone with a pro- posed commercial building; allow parking · ~ in the R2 zone, waive t~e'¥equ:ired I0-~0b~ rear building setback in the C1 zone; waive the required parking at-401 West Seventeenth Street in the R2, R 2B and C1 Districts. APPROVED. CA 89 A-76-48 CA 146.1 CA 146.1 CA 146 CA 146 CA 146 CA 146 CITY COUNCIL MINUTES 206 JUNE 7, 1976 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED Continued VARIANCE 76-21 - Filed by Robert Hatch to construct three units on an R 2 lot which contains less than 9~000 square feet at 2215 South Cypress Avenue in the R 2 Dis- trict. DENIED. VARIANCE 76-23 - Filed by George Brison to project into the front and side yard set- back with a single family residence at 2713 Huckleberry Road in the R 1 District. APPROVED. DEEDS WITH CASH & Approved the following ESCROW - GRANTEE CITY deeds and authorized the Mayor to sign all necessary documents in connection with the purchases: MUELLER, Joesph A. and Betty L. - North- west corner of Broadway and Charlotte for street purposes. AGOTSCH, Louise - West side of Flower, south of Washington for street purposes. DEEDS, NO CASH GRANTOR CITY Authorized execution of the following by Mayor and Clerk: SOUTHERN CALIFORNIA EDISON COMPANY - West of Santa Me south of Pomona, for utility purposes. NEGATIVE DECLARATIONS & Approved and filed TENTATIVE PARCEL MAPS Negative Declarations; approved the following subject to conditions contained in Planning Direc- tor's reports; and waived alley requirement on each of the following: PARCEL MAP #936 - Filed on April 27, 1976 by Cabot, Cabot and Forbes, creating two M 1 parcels; all proposed parcels to be used for industrial purposes; generally located at the southwest corner of Alton Avenue and Fairview Street. PARCEL MAP #962 Filed on April 16, 1976 by Parkcenter Corporation creating one R1-LP and three LP parcels; all proposed parcels to be used for professional uses; generally located at the northwest corner of Fourth Street and Cabrillo Park Drive. PARCEL MAP #963 - Filed on April 21, 1976 by Levitt Multihousing Corporation creating two R4 parcels; all proposed parcels to be used for residential purposes; generally located between Greenville and Fairview, approximately 555 feet north of Segerstrom Avenue. PARCEL MAP #964 Filed on April 27, 1976 by B & B Development Company creating two M 1 parcels; all proposed parcels to be used for industrial purposes; generally CA 13 CA 155 CA 155 CITY COUNCIL MINUTES 207 JUNE 7, 1976 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued located on the south side.~of Alton Avenue, 330 feet west of Maple Street. PARCEL MAP #965 - Filed on April 30, 1976 by the Warlen Company creating two C1 par- cels; all proposed parcels to be used for commercial or office purposes; generally located at the northeast corner of Tustin Avenue and Fourth Street. PARCEL MAP #966 - Filed on May 12, 1976 by Sunset Properties creating two LP par- cels; both proposed parcels to be used for professional office buildings; generally located on the east side of Cabrillo Park Drive, 506 feet north of Fourth Street. AGREEMENTS Mayor and Clerk: Approved the following agreement and authorized its execution by the APPRAISAL SERVICES ~ Between City and Cedric A. White, Jr. to assist in three separate condemnation actions resulting from the Seventeenth Street widening~ COUNCIL REFERRAL SUMMARY Council. Received and filed the status report of matters referred to Staff by PROCLAMATIONS from May 12 to June Received and filed Report of Proclamations issued by the Mayor 1976. CA 25 A-76-47 CA 80.2 CA 46 * * * * * * * * CONSENT CALENDAR FINIS * * * * * * * * AGENDA ORDER The Alcoholic Beverage ABC APPLICATION - TENERY License Application filed by John W. Tenery (Agenda Item 4 F) was considered following Minor Exception 76-10 (Agenda Item 5 D). DETERMINATION OF EXEMPTION Council approved and MINOR EXCEPTION 76-10 - WHITE filed the Determination APPROVED of Exemption and Plan- ning Commission Finding of Fact on the following, on the unanimously carried (S:0) motion of Councilman Ward, secohde~ by Councilman Bricken: EX 76-10 - Filed by Fred L. White to allow on-sale beer and wine in a proposed restaurant within 300 feet of a residential district at 1211 West Memory Lane in the C 1 District. APPROVED. (Agenda Item 5 D) CA 15.2 CITY COUNCIL MINUTES 208 JUNE 7, 1976 ABC APPLICATION On %he unanimously JOHN W. TENERY approved (5:0) motion A~PROVED; PROTEST WITHDRAWN of Councilman Ward, seconded by Councilman Yamamoto, Council received and filed the following, and instructed the City Attorney to withdraw the Planning Direc- tor's protest: TENERY, John W. 1211 West Memory Lane Original - "41" On Sale ~ee~ & Wine (Public Eating Place). (Agenda Item 4 F) CA 146.1 NEGATIVE DECLARATION & The following Negative PARCEL MAP #928 Declaration and Map were NO ACTION removed from the Agenda upon the request of the Applicant, contained in a letter dated June 4, 1976 from Investment Builders Corporation indicating the Applicant's dissatisfaction with various conditions contained in the Planning Director's Report: PARCEL MAP #928 Filed on March 10, 1976 by Investment Builders Corporation creating 21 M 1 parcels; all proposed parcels to be used,for industrial purposes; generally located north of Segerstrom Avenue, east of the Santa Aha River. (Agenda Item 7 A) CA 25 AGREEMENT - MAN IN WASHINGTON Councilman Bricken's FISCAL YEAR 1976-77 motion to approve APPROVED the following agree- ment was seconded by Mayor Garthe, and carried C4:1), with Councilman Ortiz dis- senting: MAN IN WASHINGTON - Joint Powers Agreement between City and Consortium Cities and National Center for Municipal Development, Inc., for; extension of services of a representative in Washington, D.C. for fiscal year 1976-77. (Agenda Item 12 A) A-76-46 READING WAIVED Council waived full reading of all ordinances and resolu- tions, the titles of which appeared on the public Agenda, on the unanimously approved (S:0) motion of Councilman Ward, seconded by Coun- cilman Yamamoto. RESOLUTION 76-59 - A.D. 239 The following resolu- ACCEPTANCE; NOTICE; DECLARATION tion was unanimously ADOPTED C5:0) adopted, on the motion of Councilman Ward~: seconded by Councilman Yamamoto: RESOLUTION NO. 76-59 - A RESOLUTION OF THE CITY COUNCIL ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION .OF NOTICE OF COMPLETION AND MAKING DECLARATION REGARDING IMPROVEMENT FUND -,ASSESSMENT DISTRICT NO. 239 (Santa Ana Gardens Water System). CA 9O CITY COUNCIL MINUTES 209 JUNE 7, 1976 RESOLUTION 76-60 - VACATION Council adopted the PORTIONS OF OLD GRAND following resolution ADOPTED unanimously (5:0), on the motion of Councilman Ward, seconded by Councilman Bricken: RESOLUTION NO. 76-60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A MAP AND DECLARING INTENTION TO~¥ACATE PORTIONS OF OLD GRAND STREET BETWEEN JOANA DRIVE AND SANTA CLARA AVENUE, FORMERLY CALLED GRAND AVENUE; DIRECTING THE CLERK OF THE COUNCIL TO FILE SAID MAPS IN HER OFFICE; DESCRIBING SAID STREET; SET- TING A PUBLIC HEARING THEREON; AND DIRECTING NOTICE HEREOF TO BE POSTED AND PUBLISHED~ 'CA 14 CHAMBER OF COMMERCE A resolution of the POLICE & FIRE BUDGETS Taxation Committee of RECEIVED; REFERRED the Greater Santa Ana Chamber of Commerce, dated May 4, 1976, recommending the maintenance of the present budget level for both the Police and Eire Departments, was received and referred for consideration to the Budget study sessions, on the motion of Councilman Ward, seconded by Coun- cilman Yamamoto, and carried [S:0) unanimously. CA 6SB MAINTENANCE OF A matter brought to the SANTA ANA CEMETERY attention of the City's COUNTY ENCOURAGED TO SUPPORT Cultural Heritage Committee and presented in a memorandum to Council dated May 24, 1976 by Chairman James D. Sleeper was discussed, and the recommendations concurred with, to encourage the Orange County Cemetery District #1 to continue to maintain the cemetery until another solution can be developed, on the unanimously carried (5:0) motion of Councilman Ward, seconded by Councilman Yamamoto. Councilman Ortiz suggested that the Board of Supervisors and the cities of.Orange and Tustin be requested to support Santa Ana in this matter to resolve the problem. CA 112 PROTEST OF ORDINANCE NS-1286 A lengthy letter dated ALLOWING 3 DOGS PER HOUSEHOLD May 28, 1976, from REFERRED Charlotte K. Owen, con- taining several arguments .against the maintenance of three dogs per household, was referred to Staff for investigation and report, on the motion of Councilman Ward, seconded by Councilman Yamamoto, and carried C4:1), with Councilman Ortiz dissenting.. A previous motion by Councilman Ortiz to receive and file the letter failed for lack of a second. CA 95 CETA TITLE I PLAN A report dated May 27, OCTOBER 1976 TO SEPTEMBER 1977 1976 prepared by Keith CONTINUED E. Blunt, Manpower Project Coordinator, outlining the CETA Title I tentative Funding Plan, October 1, 1976 to September 30, 1977, was continued~to June 21, 1976, on the unanimously approved (5:0) motion of Councilman Ward, seconded by Councilman Yamamoto. Deputy City Manager Manuel Rede reviewed the plan proposed for the $1,652,048 which is the minimum amount which will be received for the-next year's CETA Program. Mr. Rede noted that it is highly probable that Santa Aha will receive substantially more than the $1,652,048 figure; he asked if Council would care to review the programs CITY COUNCIL MINUTES 210 JUNE 7, 1976 in detail. Councilmen Ward and Bricken both indicated a desire to continue the matter to allow them to study the proposed Program and to review it at the next Council meeting. Mr. Ray Villa, 2106 North Bristol, Project Director of Opera- tion SER, told Council that he hoped to be the Operator, as usual, of the Youth Out-of-School Program, and also hoped that the Program could be expanded; that he would like very much to receive a firm allocation of funds to facilitate his budgeting and planning process for SER. Mr. Howard Way, 715 West Second Street, complimented the CETA Program for offering training and education to those who other- wise may not have had the opportunity. CA 131.11 AFFIRMATION OF The Council took no END OF HIRING FREEZE action on the Assistant NO ~CTION Manager's request to affirm June 30 as the end of the hiring freeze, and to authorize recruitment for Staff vacancies. Councilman Bricken's motion to receive and file the report dated May 28, 1976, seconded by Councilman Yamamoto, failed C3:2), with Councilman Ortiz and Mayor Garthe dissenting. City Manager Bruce Spragg stated that he would bring to Council requests for exemption from the freeze until such time as the Budget has been adopted and the hiring freeze has been lifted. CA 50 ASSEMBLY BILL 3334 (BERMAN) On the basis of an WAGE SURVEY DISCLOSURE analysis prepared by OPPOSITION AUTHORIZED Deputy City Attorney Robert C. Sangster, the Mayor was authorized to inform the appropriate legislators of the City,s opposition to Assembly Bill 3334 (Berman) requiring disclosure of wage survey information, on the motion of Councilman Bricken, seconded by Mayor Garthe, and carried ~:1), with Councilman Ward dissenting. CA 57 VIETNAMESE TRANSLATION OF The interim report from "KNOW YOUR RIGHTS" PAMPHLET Peter Grams, Community REFERRAL #222 - FILED Relations Director, dated June 1, on the progress of the Vietnamese translation of the "Know Your Rights" pam- phlet, was received and filed, on the unanimously carried [5¢0) motion of Councilman Ward, seconded by Councilman Ortiz. The City has received agreement for joint sponsorship of the pamphlet from the Cities of Orange and Huntington Beach, and is awaiting similar action by Anaheim, Garden. Grove and Fuller- ton. These five cities and Santa Ana have the largest concen- tration of Vietnamese people. CA 131.1 TRAC RECOMMENDATIONS - COUNTY Newport Beach Resolution AIRPORT EXPANSION - REFERRAL,#8-76 No. 8639 urging that APPROVED; DELETED Ontario International Airport be given serious consideration as the solution to the future air transportation needs of Orange County, and the recommendations of the Santa Aha Transportation Advisory Committee concerning it, were reviewed and discussed, and the following action taken, on tke motion of Councilman Ortiz, seconded by Councilman Ward, and carried ~:1]~ with Councilman Bricken dissenting: CITY COUNCIL MINUTES 211 JUNE 7, 1976 Non-support of the City of Newport Beach Resolution; request the Board of Supervisors to: 1) Cause the removal of present weight limitations on jet aircraft utilizing Orange County Airport, thus permitting increased pay loads of both passengers and freight; 2) Improve the existing air freight facilities to serve Orange County's needs; 5) Modify the existing runway to permit operation of larger and quieter planes; and 4) Lengthen the runway to the north to permit aircraft to pass over the residential areas to the south at higher altitudes~ thus reducing noise; and delete Referral Item #8-76 from the Summary. Councilman Bricken's dissenting vote represented his expressed feeling that Santa Aha might better serve its long run purposes by meeting with the City of Newport Beach to discuss and develop a policy position on the Orange County Airport; and that these two cities would have the most to gain or lose from the economic and environmental impact of the location of air transportation facilities. Mr, Morton Fink, 1985 South Ritchie, stated that it is an absolute basic necessity that the industrial community of this City have accessibility to air transportation out of Orange County; that Santa Aha has 10% of the 1,8 million people in Orange County; that expanded air facilities are needed by every person in the County for development and to provide employment; and that it may be some time before Ontario Airport can be easily used by Orange County and in the meantime this County needs better air transportation facilities. CA 98 RECESS same Council members present. At 3:57 P.M. Mayor Garthe called a recess; the meeting reconvened at 4:09 P.M. with the AMENDMENT TO TRASH CONTRACT Clerk of the Council GREAT WESTERN RECLAMATION Florence I. Malone APPROVED; PICKUP HOURS - CONTINUED reported that she had received three phone calls and a letter from a Mrs. Shepshire requesting that the recommendation~ (No. 2) to begin trash collection at 5:00 A.M. -on a trial basis not be approved. Mr. Roger Howell of Rutan & Tucker, representing Great Western Reclamation, Inc., stated that his client would agree to eliminate that condition at this time, but that they had thought that the trial basis would be sufficient protection if the 5:00 A.M. pickup did prove to be unacceptable by the citizens; and that he would prefer that the Council dispose of the matter at this time rather than continuing it to the evening. City Attorney Keith Gow reported that--an investigation of the records of Great Western by.Mr. Howell indicated that no Coun- cilman had received gifts in excess of $70 ~rD~reat..Wgstern; that on the basis of that written information there is no conflict of interest for any Councilman; and that all of them can take part in the discussion and vote on the issue of the amendment to the trash contract; and that his earlier decision was based on the information available at that time, and he had to assume that the expenditures made by a former employee of the Contractor may have been reimbursed. CITY COUNCIL MINUTES 212 JUNE 7, 1976 Councilman Ortiz favored continuing the matter until the next meeting so that Councilmen Evans and Brandt could vote on the amendment. On the motion of Councilman Bricken, seconded by Councilman Ward, and carried C4:1), with Councilman Ortiz dissenting, the following changes will be made in the contract with Great Western Reclamation, Inc. by the approved amendment: 1) Removes the 200 pound weight limitation for single family residences; 3) Changes the twice yearly CPI adjustment to once per year; new rates would be based on the CPI as of May 30 each year, and would be applicable to the monthly payments beginning July 1; 4) Provides a $0.15 per water meter per month increase in contract unit price due to the added wage and fringe benefit costs caused by the strike settle- ment of 1975; and Deletes the refund payments imposed by the City as a condition of the approval of stock transfer to SCA Services. By subsequent motion made by Councilman Ward, seconded by Coun- cilman Yamamoto, and carried C5:0) unanimously, Recommendation #2 as follows was continued to 7:30 P.M. to allow citizen com- ments prior to the vote: Allows a one hour earlier residential collection start on a trial basis from 6:00 A.M. to 5:00 A.M., subject to cancellation by the Director of Public · Works if not acceptable to the public. A-76-42 PURCHASE OF On the recommendation LIABILITY EXCESS INSURANCE of Joseph J. Kane of APPROVED the Personnel Department, purchase of excess liability insurance coverage with Admiral, Central National and Columbia Casualty Insurance Companies for the $10,000,000 excess of the $100,000 retained loss per occurrence with a $500,000 annual aggregate stop loss, effective July 1, 1976, at a total premium cost of $295,500 was approved, on the unanimously carried C5:0) motion of Councilman Ward, seconded by Councilman Bricken. CA 8~§0 BUDGET STUDY SESSION CONTINUED Study would be continued to June 14, Room 851, City Hall. Due to the lack of time for consideration of the Budget, it was agreed that the Budget 1976 at 7:00 P.M. in EXECUTIVE SESSION At 4:35 P.M. Mayor Garthe recessed the meeting to an Executive Session to discuss wage and salary negotiations and pending litigation; at 5:40 P.M. the Council meeting was reconvened and immediately recessed for dinner at the Ancient Mariner with guests George Scott, Winston Updegraff and Carolyn Ewing of the Orange County League of Cities; and at 7:30 P.M. the meeting was reconvened in the Council Chambers with the same Councilmen present. CITY COUNCIL MINUTES 213 JUNE 7, 1976 ORAL COMMUNICATION HUMAN RELATIONS COMMISSION MINUTES were being transcribed verbatim, that the practice be discouraged. that the Minutes viously been. Councilman Bricken inquired if the Minutes of the Human Relations Commission and if so, he suggested The City Manager responded are much more detailed than they have pre- CA 131.1 INVOCATION After the Pledge of PLEDGE OF ALLEGIANCE Allegiance to the Flag, the Invocation was given by Bishop Thomas L. Thorkelson of the Church of Jesus Christ of Latter Day Faints. CA 80.17 OATH OF OFFICE Florence I. Malone, FRED MUNOZ Clerk of the Council, PERSONNEL BOARD administered the oath of office to Fred Munoz as a member of the Santa Aha Personnel Board. Mr. Munoz was congratulated individually by the Mayor and Council- men present. CA 50.8 SPECIAL PRESENTATION Gene Moriarty, Chairman BICENTENNIAL CERTIFICATE of the.Bicentennial :Committee, presented first the Official Certificate of Recognition received from the American Revolu- tiom Bicentennial Administration, and a recently received Bicentennial Message signed by President Ford. Mr. Moriarty asked that they be displayed in an appropriate place. Mayor 6arthe received them for the City of Santa Aha. CA ?3 A CA 42.5 AMENDMENT .TO CONTRACT Staff recommendation GREAT WESTERN RECLAMATION (No. 2) to allow a PICKUP HOURS - APPROVED one hour earlier resi- dential collection start on a trial basis, from 6:00 A.M. to St00 A.M., subject to cancellation by the Director of Public Works if not acceptable to the public, was approved on the motion of Councilman }~ard, seconded by Councilman Bricken, and carried C4:1) with Counciiman Ortiz dissenting. Prior to the vote, Mayor Garthe asked if anyone in the audience wished to comment on the contract amendment. Michael McNulty of 1836 North Spurgeon stated that he had wished to comment on the amendments that had been approved in the afternoon meeting. He wished to know if the partial audit obtained from'the Contractor was certified, whether a partial audit satisfied the needs of the City for information from the Contractor, why the Consumer Price Index adjustments would not cover increased labor costs of the Contractor, whether o~ hot there was a provision in the original contract to cover negotiated wage agreements, and whether or not the City could run its own trash collection operation at a profit, and if there is a provision in the contract to allow for an extension of the contract. Answers to these questions, given by City Attorney Keith Gow, Assistant City Manager Ronald Wolford and City Manager Bruce ~pragg, were that th~ partial audit was prepared by an inde- pendent Certified Public Accountant, Arthur Young, and that CITY COUNCIL MINUTES 214 JUNE 7, 1976 the City was satisfied with the information produced; that the CPI adjustments were not enough to cover the wage adjust- ments faced by the Contractor in 1975, following the strike settlement; that the City might indeed be a bidder if the contract is rebid, but the estimates are that it would cost the City twice as much as a private contractor to run the trash collection operation; and that the contract could be extended by an amendment. A-76-42 Councilman Yamamoto left the Council Chambers at 8:00 P.M. PUBLIC HEARING Mayor Garthe announced APPEAL 363 - MINOR EXCEPTION 76-6 that this was the time DENIED and place for the Public Hearing of Appeal No. 363, filed by Lois L. Tetley, from the Planning Commission approval of Minor Exception 76-6, waiving the requirement of a six foot masonry wall in the C5 District at 2235 South Bristol Street. Planning Director Charles Zimmerman identified the property as being at the northeast corner of Bristol Street and Warner Avenue, and stated that the Applicant has asked for a waiver of the six foot masonry wall required to protect R1 property from commercial property; that the adjacent property is being used as a tire store, and therefore both establishments are retail sales businesses; and that the Zoning Administrator approved the Minor Exception. The Clerk of the Council reported that there were no written .communications; there were no responses to the Mayor's request for persons speaking in favor of the Appeal. Opponent, Mr. James Mahoney, representing R. E. Price, 2414 North Tustin, stated that such a wall would create a hazard for vehicular traffic in the alley between the-two businesses; and that the wall would create an obstruction, hinder access and create an area for loitering and trash to accumulate. The~Planning Director reported that Lois Tetley, the Appeal Applicant, had received notice on May 29, delivered to the Balboa Bay Club and accepted by someone whose signature was illegible. - There were no other opponents, and the Mayor closed the Public Hearing.- On the motion of Councilman Bricken, seconded by Councilman Ward, and carried (4:0) ~unanimously, the Negative Declaration was received and filed; Appeal No. 363 was denied; and the City Attorney was directed to prepare a Resolution upholding the decision of the Zoning Administrator to grant Minor Exception No. 76-6.filed by Ron Price Enterprises, Inc. CA 13.4 PUBLIC HEARING i APPEAL 364 - VARIANCE 76-8 GRANTED No. 564, filed by Lois E. Miner, 76-8 to allow two dwelling units dential lot, Pomona. Mayor Garthe announced that:this was the time and:place for the Pub- lic Hearing of Appeal of Variance Application on an R1 single family resi- and to waive the required parking, at 2605 West The Clerk of the Council reported that there were no written communications. CITY COUNCIL MINUTES 215 JUNE 7, 1976 Planning Director Charles Zimmerman stated that this matter was considered by the Planning Commission on March 23, April 26 and May 10, and that the Commission recommended denial on a 6:1 vote on the basis that the proposed use would be detri- mental to the surrounding neighborhood. Loyal and Lois Miner, 1108 North Baker, owners of the property, stated that they had purchased the property about six years ago; that they understood that it was a legal non-conforming use; that there are at least four other properties in the block that are also non-conforming, because they all existed before annexation to the City; that neighbors have stated that the second house on the property had been a residence for fifteen years; that most of-the homes in the neighborhood are below standard; and that they have already replaced the carpet- ing, installed a new chain link fence, and have plans for exterior paint, which may have to be deferred because of the $575 required for this Appeal. No one responded to the Mayor's request for any other speakers on the subject, and he closed the Public Hearing. After discussion and questions of the City Attorney, Council- man Ward moved to receive and file the Negative Declaration; grant Appeal No~ 364 of Variance App!ication 76-8 to allow the existing non-conforming use of two dwellings at 2605 West Pomona, and to'waive the required one covered parking space per unit, until such time as the property is sold, with evidence of the transfer condition of the Variance to be filed with the County Recorder, so that any prospective buyer will be on notice of the termination of the Variance; and to direct the City Attorney to prepare the implementing resolu- tion. The motion was seconded by Councilman Bricken, and carried unanimously (14:0). CA 13 ORDINANCE NS-1305 - PAWNBROKERS, On the unanimously SECONDHAND DEALERS, AUCTIONEERS carried (4:0) motion ADOPTED of Councilman Ortiz, seconded by Mayor ~arthe, the following ordinance was placed on second reading and adopted: ORDINANCE NS-1305 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE SECTIONS 25-1 THROUGH 2S-3, 25-6, 25-?, AND 2S-10, REPEALING SECTION 2S-5, AND ADDING SECTIONS 2S-11 AND 2S-12, DEFINING AND REGULATING SECONDHAND DEALERS AND PAWNBROKERS, AND REPEALING CHAPTER 6 OF THE SANTA ANA MUNICIPAL CODE. CA 91.2 CA 91.4 ADJOURNMENT At 8:40 P.M. Mayor Garthe adjourned the meeting to 7:00 P.M., Room 831, City Hall, 20 Civic Center Plaza, for Budget Study Session, on the unanimously approved (4:0) motion of Councilman Ortiz, seconded by Councilman Ward, for June 14, 1976. FLORENCE I. MALONE' FLOR~BNCE ~I. MALONE CLERK OE THE COUNCIL CITY COUNCIL MINUTES 216 JUNE 7, 1976