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HomeMy WebLinkAbout09-15-1969MINUTES OF THE BEGULAR MEETING OF THE CITY .COUNCIL OF THE CITY OF SANTA ANA0 CALIFORNIA September 15, 1969 The meeting was called to order at 2:00 P. M. · inthe First Assembly of God Church, 500 West Sixth Street, with the following Councilmen present: Wade Herrin0 Walter Brooks, Vernon S. Evans, J. Ogden Markel, Jerry M. Patterson, and Ray Villa. Mayor Lorin Griset was absent, but arrived later in the meeting. Also present were City Manager Carl J. Thornton, City Attorney William L. Mock, Assistant Director of Public Works Henry Mohle, Director of Planning Van Stevens, and Clerk of the Council Florence I. Malone. MINUTES On motion of Councilman Villa, seconded by Councilman Evans and unanimously carried, the Minutes of the Regular Meeting of September 2, 1969 were approved as submitted. EXECUTIVE SESSION At 2:05 P.M., the City Council adjourned to Executive Session for approximately one-half hour to consider appointment to the Persoralel Board to fill the vacancy created by the appointment of Waldo H~ to the Planning Commission. Mrs. Janice Boer requested the City Council to consider appointment of a woman to the Personnel Board. The Council reconvened at 2:45 P.M., with the same Council members present. SPEC. 641-161 - RESCUE- On motion of Councilman Patterson, SALVAGE-S~UAD COMBINATION seconded by Councilman Evans and un- animously carried· award of contract for Spec. 641-161, Rescue-Salvage-Squad Combination, was held over to the October 6 Council Meeting. SPEC. 641 -162 - TRUCKSTERS On motion of Councilman Brooks, seconded by Councilman Markel and unanimously carried, Council ordered filed report of bids received for Spec. 641-162, Five Trucksters, Three Wheel Type with Pick Up Beds; awarded contract to the low bidder, George Patterson, Inc.; and rejected all other bids. SPEC. 641-16 3 - PORTABLE On motion of Councilman Brooks· E(~UIPMENT SHELTERS AND seconded by Councilman Patterson and BULLETIN BOARDS unanimously carried· Council ordered filed report of bids received for Spec. 641-163, Ten Portable Equipment Shelters with Bulletin Boards; awarded contract for the Shelters to the low bidder, Capitol Enterprises, awarded contract for the Bulletin Boards to the low bidder, Polycraft Systems; and rejected all ot~ner bids. CITY COUNCIL -323- September 15, 1969 SPEC. 641-164 - On motion of Councilman Brooks, AIR COMPRESSOR seconded by Councilman Patterson and unanimously carried, Council ordered filed report of bids received for Spec. 641-164, One Air Compressor 125 CFM; awarded contract to the low bidder, Orange Count), Equipment Company; and rejected all other bids. SPEC. 641-165 On motion of Councilman Brooks, STREET SWEEPEH seconded by Councilman Patterson and unanimously carried, Council awarded contract for Spec. 641-165, One Street Sweeper, 1969 Model to Dearth Machinery Co., the only bidder. SPEC. 641-166 - The City Council considered award of OFFSET DUPLICATOR contract for Spec. 641-166, One Offset Duplicator. Mr. William Pohle and Herschel Little, of A. B. Dick Company, were present and stated that their equipment would perform the work required at a savings. On motion of Councilman Brooks, seconded by Councilman Patterson and unanimously carried, Council ordered filed report of bid~ received for Spec. 641-166, One Offset Duplicator; awarded the contract to Addresso- graph-Multigraph Corporation, as the only bidder meeting the specifica- tions; and rejected all other bids. PROJECT 5005 - On motion of Councilman Patterson, TRAFFIC SIGNALS seconded by Councilman Villa, Council ordered filed report of bids received for Project 5005, Traffic Signal and Lighting System at Warner and Pacific and at Edinger and Ritchey; awarded contract to the low bidder, Steiny and Mitchel, Inc.; and rejected all other bids, on the following roll call vote: AYES: NOES: A BSE NT: Herrin, Brooks, Evans, Patterson, Vil/a Markel Griset Councilman Markel stated that he was opposed to a traffic signal being instal/ed at Warner and Pacific. PROJECT 7009 - On motion of Councilman Patterson, REILOCATION OF BUILDING seconded by Councilman Markel and unanimously carried, Council ordered filed report of bids received for Project 7009, Relocation of 20f x 120f Building from 922 Lincoln to Corporation Yard; awarded contract to low bidder, B & Y and Stanton House Movers, Santa Ana; and rejected all other bids. Previous to the motion the City Manager explained that there were two identical low bids, and that he would recommend awarding the contract to the agency that was located in the City of Santa Ana. CITY COUNCIL -324- September 15, 1969 BID CALL On motion of Councilman Brooks, seconded by Councilman Patterson and unanimously carried, Council approved plans and specifications and authorized advertising for bids for Project 3010 - Sanitary Sewer in Bristol from Memory Lane to 1, 350 feet north and Project 3014 - Sanitary Sewer in Main Street from Roe Drive to 500 feet north; opening October 14, 1969. READING WAIVED motion of CounciLman Patterson, ly carried. The full reading of ordinances and resolutions, the titles of which appeared on the public Agenda, was waived, on seconded by Councilman Villa and unanimous- ORD. NS-982 - ORDINANCE NS-982 AMENDING THE HANDBILLS SANTA ANA MUNICIPAL CODE BY AMENDING SECTION 3823 OF PART 2, CHAPTER 8, ARTICT.~. III THEREOF RELATING TO HANDBILLS was adopted, on motion of Councilman Villa, seconded by Councilman Brooks, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Brooks, Evans, Villa Markel, Patterson Griset COUNCIL ACTION Councilman Markel requested that in all correspondence relating to Council actions on which he voted 'no', the correspondence show that he voted 'no' on the actions. He stated his belief that decisions made by the Council are important decisions and should be recorded; that each Councilman gave much thought to the Agenda; and that he would like any evidence he had given on any matter on the Agenda to be shown. Councilman Patterson stated he would object to putting the Staff to that burden; that it is what the Council does as a body that is legal and binding. Councilman Brooks agreed with Councilman Patterson. Vice Mayor Herrin responded that everyone on the Council respected Councilman Markel and knew that his decisions were made very conscientiously; but that since all actions and votes of the Council are reflected in the Minutes which are available to anyone, he felt the proper procedure is being followed. AGENDA ORDEB At the request of Stanley C. Gould, Attorney, it was moved by Councilman Villa, seconded by CounciLman Patterson and unanimously carried that Agenda Item 34 be held over to the evening meeting and considered before the first public hearing on the evening Agenda. CITY COUNCIL -325- September 15, 1969 ORD. NS - 98.3 ORDINANCE NS - 983 AMENDING THE UNDERGROUND UTILITIES SANTA ANA MUNICIPAL CODE BY ADDING PART 2 TO CHAPTER 5, ARTICLE VI THEREOF TO REQUIRE FUTURE SERVICE CONNECTIONS ON STRUCTUI~ES TO BE PLACED UNDERGROUND .was passed to second reading, on motion of Councilman Brooks, seconded by Councilman Markel and unanimously carried. ORD. NS - 984 - A.A. 648 ORDINANCE NS-984 CHANGING DISTRICT HOLTZ CLASSIFICATION ON AMENDMENT APPLICATION NO. 648 FILED BY ALBAN HOLTZ AND AMENDING SECTIONAL DISTRICT MAP 18-5-9 (EXHIBIT AA 648) Was passed to second reading, on motion of Council- man Brooks, seconded by Councilman Evans and unanimously carried. RES. 69-136 RESOLUTION 69-136 CREATING 24- PARKING ZONES MINUTE PARKING ZONE WITHIN THE EXISTING 2-HOUR ZONE (PARKING DISTRICT B) AND :REVERTING PRSENT 24-MINU'r~: ZONE TO ONE HOUR (PARKING DISTRICT A) was adopted, on motion of Councilman Brooks, seconded by Councilman Patterson and unanimously carried. RES. 69-125 RESOLUTION 69-125 PROCLAIMING FIRST CITIZEN RICHARD M. NIXON TO BE ORANGE COUNTYtS FIRST CITIZEN OF THE CENTURY was adopted, on motion of Councilman Brooks, seconded by Councilman Patterson and unanimously carried. RES. 69-137 RESOLUTION 69-137 OF THE CITY BIBLE TRANSLATION DAY COUNCIL OF THE CITY OF SANTA ANA DESIGNATING SEPTEMBER 30, 1969 AS BIBLE TRANSLATION DAY was adopted, on motion of Councilman Patterson, seconded by Councilman Villa and unanimously carried. RES. 69-138 - AGREEMENTAND RESOLUTION 69-138 ACCEPTING GRANT OF EASEMENT - AGREEMENT AND GRANT OF EASE- NO CASH MENT FOR WHICH THE CITY IS PAYING NO CASH CONSIDERATION was adopted, on motion of Councilman Brooks, seconded by Councilman Evans and un- animously carried. RES. 69-139 - RESOLUTION 69-139 ACCEPTING A DEED, NO CASH DEED FOR WHICH THE CITY IS PAYING NO CASH CONSIDERATION was adopted, on motion of Councilman Brooks, seconded by Councilman Patterson and unanimously carried. CITY COUNCIL -326- September 15, 1969 RES. 69-140 - DEED WITH RESOLUTION 69-140 ACCEPTING DEEDS CASH, FIRST STREET FOR TI-I~ WIDENING OF FIRST STREET FOR WHICH THE CITY IS PAYING A CASH CONSIDERATION was adopted, on motion of Councilman Brooks, seconded by Councilmaxt Patterson on the following roll call vote: AYES: NOES: ABSENT: Herrin, Brooks, Evans, Patterson, Villa Markel Griset RES. 69-141 DEED WITH RESOLUTION 69-141 ACCEPTING A DEED CASH, PARK PURPOSES FOR WHICH THE CITY IS PAYING A CASH CONSIDERATION OF $3??, 575.00 was adopted, on motion of Councilman Brooks, seconded by Councilman Evans and unanimously carried. Mayor Griset arrived at the Council meeting. RECESS present. At 3:38 P.M., a five minute recess was declared. The Council reconvened at 3:48 P. M., with all Council members RES. 69-145 - RESOLUTION 69-145 OF THE CITY WATER QUALITY COUNCIL OF THE CITY OF SANTA ANA REQUESTING THE SANTA ANA RIVER BASIN REGIONAL WATER QUALITY CONTROL BOARD TO ESTABLISH AND ENFORCE HIGH STANDARDS OF QUALITY FOR WATER IN THE SANTA ANA RIVER was adopted, on motion of Councilman Herrin, seconded by Councilman Villa and unanimously carried. SANITATION DISTRICT Execution of Agreement with Sanitation AGREEMENT District No. 7 for the construction of sub-trunk sewer east of Bristol between Sunflower and MacArthur was authorized, on motion of Councilman Herrin, seconded by Councilman Evans and unapimously carried. LIBRARY AND FIRE Execution of Agreement was authorized STATION AGREEMENT with James M. Montgomery, Consulting Engineers, Inc., for construction in- spection services for McFadden Branch Library and Fire Station No. 10, on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried. CITY COUNCIL -327- September 15. 1969 RES. 69-146 - RESOLUTION 69-146 AUTHORIZING THE EXCHANGE OF EASEMENTS EXCHANGE OF EASEMENTS BETWEEN THE CITY AND LESTER AND VIVIAN ELBERT, ET AL., W/-IICH INVOLVES PROPERTY ON THE NORTH SIDE OF MCFADDEN AVENUE, WEST OF SULLIVAN, RESULTING IN NO CASH CONSIDERATION was adopted on motion of Councilman Patterson, seconded by Councilman Herrin and unanimously carried. STOP SIGN REQUEST A letter from Charles H. Caudill, Manager, The Travelers Insurance Company, re- questing that the City place stop signs on Bush at Tenth Street was referred to the Staff for a recommendation, on motion of Councilman Herrin, seconded by Councilman Villa and unanimously carried. VARIANCE AND It was moved by Councilman Herrino CONDITIONAL USE PERMIT seconded by Councilman Patterson and unanimously carried, to adopt the findings of fact, conclusions and decisions of the Planning Commission or Zoning Administrator as actions of the City Council on the following: VA 69-52, SADDLEBACK DODGE - construct a 45' high pole sign adjacent to the Newport Freeway at 1401 North Tustin in the A 1 District - APPROVED; VA 69-55, AMERICAN WEST NURSING - waive the required yard setbacks for an 11-story office building and parking structure in the P and R 3 H Districts at 1524-1602 North Broadway - APPROVED; VA 69-66, MUSICIANS' ASSOCIATION - construct two :story office addition to a union building and waive the required off- street parking in the C 1 District at 2050 South Main Street - APPROVED; VA 69-67, BUFFUMS - expand an existing offstreet parking lot in the R 3 District at 215 East 9th Street - APPROVED; VA 69-68, REPUBLIC VAN & STORAGE - construct a 35' high roof sign on an existing warehouse in the R 2 District at ll30':East 17th Street - APPROVED; VA 69-69, LYON - construct an 80 unit garden apartment complex in the C 2 and C 4 Districts at 1400 West Warner - APPROVED; CUP 69-11, LATTER DAY SAINTS CHURCH - construct a classroom-gymnasium building and enlarge the off- street parking area on property in the R 1 District with an existing church at 501 South Halladay - APPROVED. CITY COUNCIL -328- September 15, 1969 VARIANCE AND CONDITIONAL USE PERMITS (continued) It was moved by Councilman Markel. seconded by Councilman Patterson and unanimously carried, to adopt the findings of fact, conclusions and decisions of the Planning CO-~rnission or Zoning Administrator as action of the City Council on the following: VA 69-65, BOWERS - permit six dwelling units on two conti~uous lots in the R 1 District at 5025 West Fifth. Street - APPROVED. TRAFFIC Report of control devices removed or installed August 27, 1969 - September 5. 1969 was ordered filed, on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried. ALCOHOLIC BEVERAGE On motion of Councilman Herrin, LICENSE APPLICATIONS seconded by Councilman Markel and unanimously carried, the following Alcoholic Beverage License Applications were ordered filed: Nitty Gritty, 1521 North Harper, On Sale Beer, Person Transfer; Domenico's Pizza, 2323 West 1st Street, On Sale Beer and Wine, Person Transfer; The Digger, 2132 South Main, On Sale Beer. Person Transfer; 7 - 11, #482-018. 1425. West Warner, Off Sale Beer and Wine, Person Transfer. TENTATIVE TRACT 7018 Tentative Tract Map 7018, filed by Jack J. Rimel, creating 14 M 1 lots between Ritchey and Lyon Streets. 665 feet north of Edinger, was approved subject to conditions in Planning Director's report dated September 10, 1969, and alley requirement was waived, on motion of Councilman Herrin, seconded by Councilman Brooks and unanimously carried. PARKING METERS - Council considered, the Staff report on BROADWAY the petition from business owners in the area, requesting removal of parking meters on Broadway between First and Fourth Streets. The following persons spoke in favor of removal of the meters: Palmer Gillette. owner of Gillette~s Cafeteria; Mr. Greenberg. of Green's Furniture; and Janice Boer, 912 North Lowell; all expressing the opinion that the businesses on the side streets of downtown should be ~iven the same consideration as the businesses on Fourth Street, where the meters have been removed on a six months' trial basis. CITY COUNCIL -329- September 15. 1969 PARKING METERS - BROADWAY (Continued) On motion of Councilman Patterson, seconded by Councilman Brooks, the matter was tabled until a determination and recommendation has been made on the removal of the parking meters on Fourth Street, on.the following roll call vote: AYES: Herrin, NOES: Evans ABSENT: None Brooks, Markel, Patterson, Villa, Griset ORANGE FREEWAY (ROUTE 57). On motion of Councilman Herrin, seconded by Councilman Brooks and unanimously carried, Council authorized appointment of a City Advisory Committee, the nucleus of which will be the present Mayorts Freeway Committee, in connection with the route studies for the Orange Freeway and authorized the State to furnish a private consultant to act as a liaison between the State and the community. SURPLUS BUILDING - After Considering Surplus Property SPR 26-69 Report 26-69 regarding residence at 1407 West First Street, Council declared the building surplus and authorized demolition, on motion of Councilman Herrin, seconded by Councilman Evans, on the following roll call vote: AYES: NOE S: ABSENT: Herrin, Brooks, Evans, Patterson, Villa, Griset Markel None SURPLUS LAND - After considering Surplus Property SPR 27 -69 Report 27-69, regarding a 1, 063 sq. ft. parcel at northwest corner of First and Sycamore Streets ( '102 North Sycamore Street), the City Council declared the parcel surplus, of nuisance value to other than an adjacent oWner.because of size and shape, and authorized a negotiated sale to adjacent owner, on motion of Councilman Brooks, seconded by Councilman Patterson on the following roll call vote: AYES NOES: ABSENT: Herrin, Brooks, Evans, Patterson, Villa, Griset Markel None CITY COUNCIL -330- September 15, 1969 SURPLUS LAND - SPR 27-69 (~ontinued~ RESOLUTION 64-142'AUTHORIZING EXECUTION OF A GRANT DEED FOR THE .SAT.I~. OF SURPLUS PROPERTY FOR A CASH CONSIDERATION OF $6, 643.75 (~unders) was adopted, on motion of Councilman Brooks, seconded by Councilman Patterson, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Brooks, Evans, Patterson, Villa, Griset Markel None Due to a conflict of interest on the following item, Councilman Evans left the Council Chambers. FINAL MAP, Final Tract Map 7058, filed by Santiago TRACT 7058 Development Company, creating 97 lots at Woodland Street, Garnsey Street, Ross Street, Parton Street, ColumbineAvenue, Bell Av~nu~ and Al. pineAvenue approved, dedications thereon accepted, and execution of subdivision agreement authorized, on motion of Councilman Markel, seconded by Councilman Herrin and unanimously carried. Councilman Evans returned to the Council table~ CLASSIFICATION SPECIFICA- On motion of Councilman Herrin, TIONS seconded by Councilman Brooks and unanimously carried, Council approved and authorized Classification Specifications for the positions of A'ssistant Engineer and Associate Engineer. TOPLESS ENTERTAINMENT On motion of Councilman Herrin, seconded by Councilman Brooks and unanimously carried~ the City Attorney was directed to review the field of topless entertainment to see what steps can be taken at the local level to prohibit this type of entertainment. STATE BAR CONVENTION The City Attorney reported on his attendance at the State Bar Convention held the preceding Week in S~n Fran- cisco and thanked the City Council for ~iving hir~ the opportunity of attending. CITY COUNCIL -331- September 15, 1969 HUM-AN RELATIONS Councilman Patterson stated .that the FORMATION COMMITTEE next meeting of the Human Relations Fo~-~ation Committee would be held Thursday, September 18, 1969, ?:30 P.'M.', at Fremont School, 8th and Rlatt Streets, and he particularly requested all Council members :to be present and asked the press to give coverage. RECESS At 4:57 P.M., the meeting was recessed to 7:30 P.M., at which:timeit was reconvened with all the Council members present. Following the Pledge of Allegiance to the Flag, the Invocation was delivered by the Reverend Fred Morse of the Calvary Church of Santa Ana. SPECIAL PRESENTATION Mayor Lorin Griset presented a framed RES. 69-137 copy of iRESOLUTION 69-137 OF THE BIBLE TRANSLATION DAY CITY COUNCIL OF THE CITY OF SANTA ANA DESIGNATING SEPTEMBER 30, 1969, AS BIBLE TRANSLATION DAY to Kenneth Waters, Treasurer of the WYcliffe Bible Translators and introduced officers and members of Wycliffe Bible Translators present at the Council meeting. CENTENNIAL COINS Mayor Griset introduced Frank Benjamin, of the Centennial Committee, who, in turn, introduced Miss Tina Perez, Fiesta Queen, who presented the first Centennial coins of the City of Santa Ana: to the members of the City Council for presentation to the various service clubs and groups participating in the Santa Ana Centennial Celebration. AMBULANCE SERVICE The City Council considered the request from Stanley C. Gould, Attorney for Morgan Ambulance Service, that the hearings held on September 2, 1969, on Applications .for Certificate of Public Convenience and Necessity for Schaefer' s Ambulance Service and Southland Ambulance Service be set for rehearing, held over to .the evening session from.the afternoon Agenda. Mr. Gould presented a copy of a letter from the Newport Beach Police Department regarding the City of Newport Beach amublance ordinance which they passed on September 3. The letter was ordered filed, on motion of Councilman Herrin, seconded by Councilman Patterson and carried. Mr. Gould stated that his request was based on (1) his :inability to represent his client at the public hearing on September 2, due to a misunderstanding of the location of the Council meeting and an incorrect date on the Agenda page listing the item; (2) his belief that the Council had not heard testimony necessary to the findings required by the ordinance, i. e., that public necessity and convenience required additional ~,mbulance service; CItY COUNCIL -332- September 15, 1969 AMBULANCE SERVICE (continued) (3) the fact that'Southland Ambulance Service did not have a local (City) business address; (4) the fact that the City was presently served by Schaefer Ambulance (2 ambulances); Morgan Ambulance (4 ~mbulances) and Wind Ambulance (4 ambulances); and (5) his opinion that certificates should have been withheld until the ordinance had been reviewed and amended to conform to current standards. Councilman Patterson stated that the Council's decision was based on the existing ordinance. Councilman Brooks stated that in his opimon a legal hearing had been hetd and pointed out that representatives for Morgan Ambulance had spoken in favor of granting the additional permits to Schaefer's Ambulance during the public hearing on September 2. Mayor Griset stated that prdper notice of the hearings had been given. On motion of Councilman Brooks, seconded by Councilman Herrin and unanimously carried, Mr. Gould's request for rehearings for Schaefe~'s Ambulance Service and Southland Ambulance Service was denied. PUBLIC HEAHING OERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY - CAKE CONVALESCENT AMBULANCE SERVICE The hearing was opened on the application filed by Care Convaiescent Ambulance Service, Stanton, for a Certificate of Public Convenience and Necessity to operate one ambulance in the City~. continued from the September 2 Council meeting. Attprney Jerome G. Colton, 11051 Bixler Circle, Garden Grove, representing the applicant, described the type of service Care Ambulance perforated as exclusively "convalescent"; i. e., transporting someone who was ill or infirm from his residence to his doctor, hospital or convaiescent hospital and vice versa. He stated that the ambulance was not equipped with red light or siren; that the business had been in operation approximately five months and during that time there had been an increase in coils from 67 during the first month to 105 durhug the month of August, which might indicate that the service was not.only needed and necessary but that it had been performed in an aoceptable manner. In support of the quality of service, Mr. Colton filed declarations from various doctors and nurses. He also displayed pictures of the eqmpment used. He further stated that the firm had been issued a license by Orange County for the proposed service; that the owners and operators of the company were well qualified and experienced; and that the company only wished to be in a position to render service to requests originating in Santa Ana; that under prevailing conditions it may transport an individual from another city into a Santa Ana facility but was prevented by the Municipal Code from returning the individual to his original point of departure. CITY COUNCIL ~333 - September 15, 1969 PUBLIC HEARING (continued) The following persons spoke in opposition tO the application: Attorney Stanley C. Gould, representing Morgan Ambulance, who stated that the ordinance purports to regulate a business within the city and Care Convalescent does not have a business location within the city l~,~ts; that the reason for City control of ambulances is to fulfill an obligation to the people for emergencies~, that C~re ConvaleScent Ambulance does nor wish to'run'the risk of mbnetar~loss involved in emergency calls and is only concerned in sharing what amounts to ?0 percent of the present ambulance operators' income which is derived from the services'Care' proposes to offer; and that no public necessity has been shown for this additional service. Mr. Bright Morgan, of Morgan Ambulance, who stated that his company takes care of emergency as well as convalescent calls; that ?0 percent of the calls are in the latter category; that his ambulances are equipped for any emergency and strictly "convalescent" ambulances can't do the same job. Mr.. Carlos Paladini, representing Schaefer Ambulance Service, who stated that he objected ~ to granting the application because it would take the "cream of the crop" ~way from the present services; that a California Highway Patrol representative had informed him that afternoon that Care Ambulance had not been licensed by the State; that in the interests of safety, the type of ambulance proposed should not be used since there was no way of getting through traffic in an emergency situation. REBUTTAL: Mr. Jerome Colton, stated that in his opinion the local address reference pertained to emergency service ambulances; that the location of a con- valescent service ambulance would not affect a prospective customer; that license requirements made by the State were applicable where there were no local rules to govern; and that if a state license were a requirement, it would not have been possible to be licensed by the County. CITY COUNCIL -334- September 15, 196 9 PUBLIC HEARING (continued) After further discussion by Council, it was moved by Councilman Brooks seconded by Councilman Evans, that since the hearing had not produc.ed sufficient evidence for a finding of public convenience and necessity, the Application 'be denied. The motion was adopted on the following roll call vote: AYEs: NOES: ABSENT~ BrookS, Evans, Markel, Patterson Herrin, Villa, Griset None RECOGNITION Mayor Griset announced receipt of a telegram from the Institute of Traffic Engineers, informing the Council that the Assistant Director of Public Works, R. Henry Mohle, was recently elected President of the Western Section of the Institute of Traffic Engineers (WITE), a distinct honor for Mr. Mohle and for the City of Santa Ans. RECESS members present. At 9:1 3 P. M. · a five minute recess was declared. The Council recon- vened at 9:24 P. M., with all Council APPEAL 224 ' VA 69-56 Hearing was opened on Appeal No. ROHRS INVESTMENT CO. 224, filed by Rohrs Investment Company, appealing Condition 2 in Planning CommisSion's approval of Variance Application 69-56 (that no addi~i~onal freestanding sign be permitted on the propertY for the proposed restaurant), to modify plans and conditions of an approved shopping center bY permitting a restaurant and an additional 35' high pole sign a%~ 1241 East 17th Street in the C 4 District. Speaking in favor of the appeal was Douglas Warren, Attorney for Bob's Big Boy, Inc., Glendale, explaining that Bob's Big Boy Restaurants are traditionally free standing buildings and they felt that they needed separate sign identity; that the sign they are proposing is approximately 180 square feet With two panels; that there was not sufficient room on the existing pylon sign for them; that they had moved their building further to the west which would increase the distance between the existing sign and their proposed sign to 160 feet; that their proposed restaurant is a low slung Spanish hacienda type architecture with tile roof which would not permit a wall or fin sign; and that applicant felt this would result in a better shopping center improvement for the City. CITY COUNCIL -335- September 15, 1969 APPEAL 224-VA 69-56 (continued) No one spoke in opposition to the appeal. The Planning Director explained that denial of the freestanding sign by the Planning Commission was unanimous after two Planning Commission hearings. He statedihat when the shopping center was originally proposed by Hartfield-Zody's and approved by the Planning Commission, it was determined that applicant would construct a sign large enough io represent the number of tenants in the center; that there is a place on that sign for "Bob's" considerably larger than the original sign proposed to specifically accommodate "Bob's"; that it is difficult to place any confidence in Hart- field-Zody!s representations, particularly in view of the receipt of a similar variance application from another tenant in the center; that East 17th Street is unique in regard to signs; that with the exception of two, they have been kept in good scale in terms of size of buildings, and that the more recent buildings constructed on East 17th have cooperated to minimize the number of signs, which was clearly pointed out to Hartfield-Zody's before they constructed the project; and that for these reasons he recommended upholding the Planning Commission decision. The hearing was closed. After discussion by Council, it was moved by Councilman Brooks, seconded by Councilman Herrin, to uphold the action of the Planning Commission and instruct the City Attorney to prepare a resolution granting Variance Application 69-56 subject to conditions in Planning Commission's Finding of Fact dated August 25, 1969, except that Condition 2 is deleted and a sign shall be permitted not to exceed 180 square feet per face~ maximum of § feet projection, and maximum of 35 feet in height. The motion was adopted on the following roll call vote: AYES: NOES: ABSENT: Herrin, Brooks, Markel, Patterson, Villa, Griset Evans None RES. 69-118 - EMPLOYEES; RESOLUTION 69-118 ENLARGING RESIDENCE BOUNDARIES AND RE-ESTABLISHING AN AREA IN WHICH SANTA ANA CITY EM- PLOYEES ARE REQUIRED TO MAINTAIN THEIR RESIDENCE was adopted, on motion of Councilman Patterson, seconded by Councilman Villa, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Villa, Griset Brooks, Markel None CITY COUNCIL -336- September 15, 1969 SIGNAL REQUEST A letter from James E. Neal, City Manager of the City of Fountain Valley, requesting installation of a traffic signal at the intersection of Edinger and Newhope, was referred to Staff for report and recommendation, on motion of Councilman Herrin, seconded by Councilman Brooks and unanimously carried. BOND RELEASE On motion of Councilman Markel, seconded by Councilman Herrin and unanimously carriedl Council authorized release of street improvement bond for Variance Application 1329 (required in lieu of street improvements on north side of Memory Lane between Bristol and Flower, per agreement dated August 1, 1960). SALARIES Council considered the City Manager's RES. 69-143 report regarding salary increases. RES. 69-144 The City Manager explained the report and urged Council to act favorably on the resolution which would affect the employees' salaries. Mayor Griset ex- pressed appreciation for the responsibility shown by the employees in their handling of this negotiation and also expressed satisfaction for the type of City service rendered in this City by the City employees, stating the employees and management have faced realistically the higher cost of living which we are experiencing. Councilman Markel stated that for several years, he had requested the City Manager to employ a firm to prepare a cost analysis of labor and living costs in general instead of a statistical comparison of similar positions in a given number of similar cities; and that an increase should relate to the cost of living; i. e., a 5 percent cost of living increase would warrant a 5 percent wage increase; and that he could not go along with the recommendation as presented by the City Manager. Councilman Patterson explained that the exhibits with the Manager's report contained private industry surveys and consumer price index increases; and that you have to pay what the market is paying. It was moved by Councilman Patterson, seconded by Councilman Villa, to adopt RESOLUTION 69-143 AMENDING SECTIONS '2, 3, 'AND 3~ 1 OF RESOLUTION NO. 58-281. Councilman Villa remarked that the consumer's average increase sets out 12%, that our average increase would be 7.2%, and he was of the opinion that we have to pay for services rendered. Councilman Herrin stated he felt that the City had a very fine group of employees, however, he felt a responsibility to the taxpayers and he would have to oppose the increase. RESOLUTION 69- 143 was adopted on the following roll call vote: AYES: NOES: ABSENT: Brooks, Evans, Patterson, Vilia, Griset Herrin, Markel None CITY COUNCIL -33? - September 15, 1969 SALARIES (continued) RESOLUTION 69-144 FIXING THE SALARY OF THE CITY MANAGER OF · THE CITY OF SANTA ANA, CALIFORNIA was adopted, on motion of Councilman Brooks, seconded by Councilman Villa, on the following roll call vote: AYES: Brooks, Evans, Patterson, Villa, Griset NOES: Herrin, Markel ABSENT: None David Brandt, 2422 South Rita Way and Annette Stephens, 2101 West Hall, objected to the adoption of the salary resolutions and asked questions regarding a breakdown of the percentages of the increases, how the figures were arrived at, and how the City Manager was evaluated by the Council, which questions were answered by the Manager and the Council. Jim Hagge, President of the Santa Ana City Employees Association, spoke on behalf of the City employees and the City Manager. Mayor Griset again commended the employees and the Staff for the job they are doing. Jim McMahon of Pacific Telephone~, commended the City Council, the Staff and the employees for the service they render and the operation of the City as a whole. LICENSE FEE The request from Floyd K. Porter, WAIVER REQUEST for waiver of license fees for soliciting because of his blindness was denied in accordance with the provisions of the Municipal Code, on motion of Councilman Herrin, 'seconded by Councilman Brooks, on the following roll call vote: AYES: NOES: A BSE NT: Herrin, Brooks, Evans, Markel, Patterson, Villa, Griset None None SOLICITATION APPLICATIONS On motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried, the following Solicitation Applications were approved: Leukemia Society of America, Inc., Annual fund raising drive, November and December, 1969; Orange County Heart Association, Annual drive, month of February, 1970; and the Application of Santa Ana-Tustin Community Chest for its annual drive from September 17 - December 17, 1969 was approved for a 60 day period of their choice. CITY COUNCIL -338 - September 15, 1969 O~[IT[~f~'IM HA~I[JO~H [~HT ~iO 2[~T[J~IM t~ IP~MO~ LI A 2) . A ~ A A %,I A8 '~ O YT I l) BILLIARDS The application of Frank A. Sul~v~ for ..... ~iili~'rds business at 1230 South Main Street was app~ved in accordance with the recommendation of the City Manager, on motion of CounCilman Herrin, seconded by Councilm~ Villa and u~mously carried. PUBLIC PROPERTY USE On motion of Councilman Herrin, seconded by Councilman Brooks and unanimously carried, Council approved the Application for Special License for Public Property Use of the Combined Veterans Organizations of Orange County for their 4th Annual Veterans Day Parade, Sunday, November 9, 1969 REIMBURSEMENT On motion of Councilman Herrin, seconded by Councilman Brooks and unanimously carried, Council authorized reimburse- ment tO Charles Cohen in the amount of $1, 981.70 for street improvements on the west side of Grand Avenue and north of 14th Street. COUNCILMAN ABSENCE On motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried, Councilman Walter Brooks was granted permission to be absent from the Council meeting of October 6, 1969. ADJOURNMENT on motion of Councilman Herrin, carried. At 10:55 P.M., there beingno further business to come before the City Council, the meeting was adjourned seconded by Councilman Villa and Florence I. Malone Clerk of the Council CITY COUNCIL -339- September 15, 1969