HomeMy WebLinkAbout02-02-1970MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
February 2, 1970
The meeting was called to order at 2:00 P.M. in the Council Chambers of the
City Hall Annex, 500 West Sixth Street, with the following Councilmen present:
Wade Herrin, Vernon S. Evans, J. Ogden Markel, Ray Villa, Harry K.
Yamamoto, and Mayor Lorin Griset. Councilman Jerry M. Patterson was
absent, but arrived later. Also present were City Manager Carl J. Thornton,
City Attorney William L. Mock, Director of Public Works Ronald Wolford,
Director of Planning Charles Zimmerman, and Clerk of the Council Florence
I. Malone.
MINUTES On motion of Councilman Herrin,
seconded by Councilman Markel and
unanimously carried, Council approved
as submitted the Minutes of the Special Joint Meeting with the Board of Educa-
tion of January 15, 1970 and the Minutes of the Regular Meeting of January 19,
1970, with an addition to the last paragraph on page 25 that "Councilman Yama-
moro abstained from voting because of the opinion of the City Attorney that a
Councilman should not vote when Council is acting on a quasi-judicial matter
and the Councilman has not heard the evidence."
BID CALL On motion o£ Councilman Herrin, seconded
by Councilman Evans and unanimously
carried, Council approved plans and
specifications and authorized advertising for bids for Project 3016, Construction
of Sanitary Sewer in Centennial Park, opening February 24.
READING WAIVED
of Councilman Herrin,
The full reading of ordinances and reso-
lutions, the titles of which appeared on
the public Agenda, was waived~ on motion
seconded by Councilman Evans and unanimously carried.
ORD. NS-998 ORDINANCE NS-998 AMENDING THE
O DISTRICT SANTA ANA MUNICIPAL CODE BY
ADDING DIVISION 23 TO CHAPTER 41
OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE FOR THE ESTABLISH-
MENT OF THE O (PUBLICLY OWNED LAND) DISTRICT was adopted~ on motion
of Councilman Herrin, seconded by Councilman Evans, on the following roll
cai vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Villa, Yamamoto, Griset
None
Patterson
CITY COUNCIL
-27 -
February 2, 1970
ORD. NS-1001 ORDINANCE NS-1001 AMENDING THE
ZONING ADMINISTRATOR SANTA ANA MUNICIPAL CODE BY
AU~fttORITY ADDING SECTION 618 TO CHAPTER 41
THEREOF RELATING TO ADMINISTRA-
TIVE FUNCTIONS OF THE zONING ADMINISTRATOR was adopted, on motion
of Councilm'zn Evans, seconded by Councilman Herrin, on the following roll
call vote:
AYES:
NOES:
A B SE NT:
Herrin. Evans, Markel, Villa, Yamamoto, Griset
None
Patterson
Counerdman Patterson arrived at the Council meeting at 2:05 P. M.
ORD. NS-1002 - A.A. 653 ORDINANCE NS-1002 CHANGING DIS-
HAVENS TRICT CLASSIFICATION ON AMEND-
MENT APPLICATION 653 FILED BY
ES'IHER M. HAVENS AND AMENDING SECTIONAL DISTRICT MAP 17-5-9
(EXHIBIT AA 653 A) (rezoning from the A 1 to the C 1 District property on
the s~)uth s!de of First Street between Mabury andTustin) was adopted, on
motion of Councilman Evans, seconded by Councilman Herrin, on ~he follow-
ing roll call vote:
AYES:
NOES:
ABSENT:
Herri. n, Evans, Markel, Patterson, V~lla, Yamamoto,
None
None
Griset
()RI). NS-1003 ORDINANCE NS-1003 AMENDING THE
THREE-PLATOON SYSTEM SANTA ANA MUNICIPAL CODE BY
AMENDING SECTIONS 9-136 AND 9-163
OF DIVISION 1. ARTICLE VI THEREOF RELATING TO FIRE DEPARTMENT
TIiI{EE-PL,\'[OON SYSTEM was passedto second reading, nnm~t~on of
Councilman tterrin, seconded by Councilman Evans and unanimously carried.
RES. 70-5 RESOLUTION 70-5 AUTItORIT,[NG THE
SI~RF'IA~S FEDERAI~ PROPERTY CITY MANAGER, ASSISTANT CITY
MANAGER, PURCHASING AND PRO-
PERT¥ CONTHOI, OFF[CER~ AND THE DISASTER SERVICES COORDINATOR
['O '~CCEPT SURPLUS FEDERAL PROPERTY FOR CIVIL DEFENSE AND
t)Uq~',? ER PURPOSES was adopted, on motion of Counci/~nx:~,n Herr'in, seconded
by C .uncHman Villa and unanimously c~rri~ d.
RES. 70-6 - FEDERAL C'JVII~ RESOLUTION 70-6 AUTHORIZING
i)EFENS~; .'~CT CERTAIN CITY OFFiCiALS TO APPLY
FOR AND OBTAIN FINANCIAL ASS[ST-
AN,fiE UNDER TIlE FEDERAL CIVIL DEFENSE ACT OF 1950 was adopted, on
m,V,::!,'~r~ ,? Cour, cilman Patterson, seconded by Councilman Herrin and unanimously
C, ITY COIiNC1L -28- February 2, 1970
NEW CITY HALL Ramberg and Lowrey, Architects, dis-
played plans, renderings and a model of
the new City Hall, describing the pro-
posed materialsurfaces and colors for the exterior.
CLEANING CONSULTANT The City Council considered a proposed
SERVICES agreement with Kee Systems to provide
consultant services for a professional
cleaning program for the new City Hall. After a short discussion, on motion
of Councilman Herrin, seconded by Councilman Evans, Council continued the
matter for consideration to the February 16 Council meeting, on the following
roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Patterson, Yamamoto,
Villa
None
Griset
SANTIAGO DAY CAMP On motion of Councilman Herrin, seconded
by Councilman Markel a~d unanimously
carried, the City Council authorized
execution of agreement with the County of Orange relating to the County's grant
of easement for park purposes in Santiago Day Camp.
ARBOR DAY PROGRAM On motion of Councilman Markel, seconded
by Councilman Evans and unanimously
carried, Council approved the request in
the letter dated January 18, 1970, from Mrs. Weston Walker, Executive Secre-
tary, L.I.S.A., for a City wide Arbor Day Program on March 5, 1970 in Prentice
Park.
RESIGNATION The Council accepted with regret the
resignation of William L. Duerr from the
Citizen-Government Advisory Committee
for Traffic Safetyand directed that a letter of appreciation be sent to Mr. Duerr,
on motion of Councilman Markel, seconded by Councilman Herrin and unanimously
carried.
VARIANCE AND CONDITIONAL It was moved by Councilman Patterson,
USE PERMIT seconded by Councilman Herrin and
unanimously carried, to adopt the findings
of fact~ conclusions and decisions of The Planning Commission or Zoning Admin-
istrator as action of the City Council on the following:
VA 69-95, STATER BROS. MARKETS - construct market
that encroaches 30' into LP-B District, a 53' high pole
sign in C 5 District, and offstreet parking in A 1 District
at 2360 North Tustin Avenue - APPROVED;
CITY COUNCIL
-29-
February 2, 1970
VARIANCE AND CONDITIONAL
USE PERMIT (continued)
CUP 69-10, ELLIS - construct rest home to accommodate
28 guests in R 1 District at 2514 West Warner -
APPROVED;
CUP 69-15, LA BONO - convert portion of an existing
apartment building into a motel in the M I District
at 2513 West First - APPROVED.
TRAFFIC
motion of Councilman Herrin,
mously carried.
The report of control devices removed
or installed December 29, 1969 through
January 9, 1970 was ordered filed, on
seconded by Councilman Patterson and unani-
ALCOHOLIC BEVERAGE LICENSE On motion of Councilman Patterson,
APPLICATIONS seconded by Councilman Markel and
unanimously carried, the following
Alcoholic Beverage License Applications were ordered filed:
Fisherman's Wharf Fish & Chips, 1021 South Fairview,
New On SaIe Beer;
The Red Baron, 1815 South Main, On Sale Beer, Person
Transfer;
Nit';y Gritty, 1521 North Harper, On Sale Beer, Person
Transfer;
Conw~y, 2601 West Edinger, On Sale Beer, Person
Transfer;
Davis, 2730 North Bristol, New On Sale Beer;
Clark~ 1630 South Standard, On Sale Beer, Person
Transfer;
Burns~ 109 North Harbor Boulevard, On Sale Beer,
Person ([~ ransfer.
SOLICITATION APPLICATIONS On motion of Councilman Patterson,
seconded by Councilman Villa and
unanimously carried, the following
Seiicitation Applications were approved:
Girls~ ¢?,lub of Garden Grove, Candy Sal~, Febr~l~ry
3 - 14, 1970.
Ci:y of' Hope, Annual Drive, June 7 - 14, 1970.
PROPOSED CHARTER After' considering the letter dated
AMENDMEN~IS January 28, 1970 from the Property
Owners Protective League, Inc.,
requesting thatCouncil place suggested Charter Amendments on the June
Primary B~I!nt. ::t w-~s moved by Councilman Villa, seconded by Councilman
CITY COUNCIL
-30- February 2~ 1970
PROPOSED CHARTER
AMENDMENTS (continued)
Herrin, that the Mayor appoint three Council members to act as a committee
to review these suggestions, and others from a variety of interests, including
citizen, staff members and Councilmen; study the need for Charter revisions;
and report its recommendation to the Council in approximately one month. The
motion was adopted on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset
None
None
Janice Boer stated she would like to have at least two of the proposed amend-
ments on the June Primary Ballot, (1) that the Charter be changed to bring it
into compliance with the State Election Code which nc~vstates that all vacancies
on local school boards shall be filled by election and (Z) that the power of subpoena
be restricted to the City Council and the Personnel Board.
Mayor Griset stated that he would appoint the members to the committee at the
evening session. Councilman Patterson volunteered to serve on the comnaittee.
PARCEL MAP 639 Parcel Map 639, filed by Macco Corpora-
tion, creating four (4) M 1 parcels on the
south side of McFadden, 550 feet west of
the Newport Freeway, was approved subject to conditions in Planning Director's
report dated January 26, 1970, and alley requirement was waived, on motion of
Councilman Herrin, seconded by Councilrnan Evans and unanimously carried.
DEED - CASH
GRANTEE, CITY
the following deed:
It was moved by Councilman Patterson,
seconded by Councilman Villa, to approve
and authorize execution by the Mayor of
Carrillo, north side of First, east side of Garnsey, street purposes.
The motion was adopted on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Patterson, Villa, Yamamoto, Griset
Evans, Markel
None
Councilman Markel stated that he was not in favor of buying this property.
DEEDS - NO CASH On motion of Councilman Herrin, seconded
GRANTEE, CITY by Councilman Patterson, Council ordered
filed Report of No Cash Deeds accepted by
the City Manager, pursuant to Resolution No. 69-156, from January 15, 1970
through January 28, 1970, on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset
None
None
CITY COUNCIL -31- February 2, 1970
SANITATION DISTRICTS On motion of Councilman Markel,
APPOINTMENT seconded by Councilman Evans and
unanimously carried ~ Councilman Wade
I-Ierrin was appointed as Alternate Director for Orange County Sanitation
District Boards 1 and 7, replacing Walter Brooks.
COMMUNITY ACTION COUNCIL It was directed by the Council that
Councilman Yamamoto be designated
as the City Council representative on
the Community Action Council, with Councilman Villa designated as the
alternate delegate.
CONFLICT OF INTEREST LAW City Attorney William Mock reported that
he had received a communication from the
City Attorney of Carmel-by-the-sea who
has been directed by the Carmel City Council to file an action challenging the
validity of the Conflict of Interest law; to obtain from other cities data on what
effect this law will have on incumbent and prospective Councilmen and other
officials; and to request that Santa Aha file a similar action. After discussion
by Council, the City Attorney was directed to complete and return the question-
naire on the survey as to how many Councilmen, Commissioners and Board
members would continue to serve in these capacities in view of the "Conflict of
Interest" law disclosure requirements.
RECESS At 3:40 P.M., the meeting was recessed
to 7:30 P.M., at which time it was re-
convened with ail Council members present.
Following the Pledge of Allegiance to the Flag, the Invocation was delivered by
the Reverend Gerald Bash, First Christian Church of Santa Aha.
SPEC1AL RESOLUTION A Special Resolution commending Mrs.
Charlotte Reiter for her many years of
outstanding service as a member of the
Santa Aha Board of Education was read by Mayor Griset and presented to Mrs.
R~:ite r.
TROPHIES PRESENTATION Marry Eckman, representing the Santa Ana
Jaycees, presented two trophies to the
City which had been won by the Santa Aha
Float in the Centennial Parade and in the Tustin Parade. He also presented a
che¢l~: in the amount of $411.87, the difference between the amount allotted by the
City for the parade and the actual cost. Councilman Herrin accepted the check
for the City.
CITY COUNCIL -32- February 2, 1970
PROPOSED CHARTER REVISION - Acting on the Council decision made
COMMITTEE APPOINTMENTS during the afternoon meeting, Mayor
Griset appointed Councilmen Jerry M.
Patterson, Wade Herrin and Vernon S. Evans as a committee to study needs
for possible Charter revision. The Mayor pointed out that the committee
should seek opinions from outside organizations and citizens and report back
on all the suggestions received. Mrs. Janice Boer stated that during the
afternoon meeting she had though that the "Council Committee" would only
review those changes requested by the Property Owners Protective League
in their letter dated January 28, 1970; and that in her opinion, a larger more
representative committee should be appointed for a broader review of possible
revisions to the Charter for recommendations which could be placed on the
November ballot.
PUBLIC HEARING - S.P.S.A. ~24 Hearing was opened on establishment
CHESTNUT AVE. ALIGNMENT of specific street alignment for Chest-
nut Avenue from Grand Avenue to a
point 1,050 feet west of Grand Avenue, S.P.S.A. ~24. There being no response
to the call for testimony, the hearing was closed.
On motion of Councilman Herrin, seconded by Councilman Patterson, the
recommendation of the Planning Commission was approved and the City
Attorney was directed to prepare the amending Ordinance, designating align-
ment of Chestnut Avenue from Grand Avenue to a point 1,050 feet west of
Grand Avenue as shown in S.P.S.A. #24, on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset
None
None
PUBLIC HEARING - S.P.S.A. #37 Hearing was opened on establishment of
ROSS STREET ALIGNMENT specific street alignment for Ross Street
from Civic Center Drive West to a point
530 feet north of Civic Center Drive West, S.P.S.A. #37. There being no
response to the call for testimony, the hearing was closed.
On motion of Councilman Markel, seconded by Councilman Patterson, the
recommendation of the Planning Commission was approved and the City Attorney
was directed to prepare the amending Ordinance, designating alignment of
Ross Street from Civic Center Drive West to a point 530 feet north of Civic
Center Drive West as shown in S.P.S.A. #37, on the following roll call vote:
AYES:
NOES:
.ABSENT:
Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset
None
None
PUBLIC HEARING The City Manager reported that Mr. Frank
AMENDMENT APPLICATION 652 Bueche, representing Apricot Development
APRICOT DEVELOPMENT CO. Company, had requested a change in the
procedure in regard to this Amendment
Application hearing, that Mr. Bueche has requested Council eliminate from the
CITY COUNCIL -33- February 2, 1970
PUBLIC HEARING
AMENDMENT APPLICATION 652
APRICOT DEVELOPMENT CO. (continued)
hearing that portion of the area which is R 4 zoned property lying to the east
of the CR cross section on the map and that Council consider only that portion
lying westerly of the CR section, presently zoned R 1, and that the portion to
be excluded from the hearing tonight be held for further hearing at such time
as the Apricot Development Company should request it. The City Manager
explained that if the area is to be rezoned, it would be in the City's best
interests if it were under the control of a single owner, and that while Mr.
Bueche and his company have option control of the whole area, they do not
have sufficient control to go forward with a planned development. Mr. Frank
Bueche confirmed the City Manager's explanation of the request.
The Mayor opened the hearing on Amendment Application 652, filed by
Apricot Development Company, proposing amendment of Sectional District
Map 36-5-10 by reclassifying from the IK 1 and IK 4 Districts to the CR
District property located on the north side of MacArthur between Ramona
Drive and Bristol Street. There being no response to the call for testimony,
the hearing was closed.
In response to a question by Councilman Evans, the City Attorney stated that
the Council could act ~n the request and that if a referral to the Planning
Commission was necessary, he would report back to the Council and to Mr.
Bueche, so that both would be aware of it.
On motion of Councilman Herr]n, seconded by Councilman Patterson, Council
approved the reclassification of the smaller portion shown on the map from
the R 1 District to the Ci~ District on Amendment Application 652, instructed
the City Attorney to prepare the amending ordinance, and held in abeyance
consideration of the larger portion (R 4) until the Council meeting of March 2,
1970, on the following roll call vote:
AYES:
NOES:
ABSENT:
Herr]n, Evans, Markel, Patterson, Villa, Yamamoto, Griset
None
None
PUBLIC HEARING Appeal No. 228 was filed by James F.
APPEAL NO. 228 - VA 69-86 and Mary C. Henry, appealing the
MORGAN Planning Commission's approval of
Variance Application 69-86 granted to
Marshal]. L. Morgan to construct a two story garden apartment complex in
the A 1 District at 727 South Lyon Street. On January 5 Council upheld the
PlannSng Commission's decision in granting the Variance and denied the appeal.
On January 19 Council acted to reconsider its action taken on January 5 and set
the matter for rehearing on this date.
The City Attorney explained to Council that he had held a conference in his
office on this date with Mr. Morgan and his representative and certain members
of staff, and that Mr. Morgan had been requested to attempt to bring in a plot
plan for this evening's hearing that would show that the apartment complex and
the F]omar's Kennels could exist compatibly next door to each other.
CITY COUNCIL -34- February 2, 1970
PUBLIC HEARINO
APPEAL NO. 228 - VA 69-86
MORGAN (continued)
The Mayor opened the public hearing.
Speaking in: favor of the appeal were Robert Harr, 2370 North Flower and
Mrs. Mary Henry, 9Z1 South Lyon; Mr. Harr stated that there would be a
hardship involved; that there would be reciprocal problems on both sides
unless there were a setback for the apartment complex from the property
line; and Mrs. Henry stated that she had been invited by Mr. Smith, Mr.
Morgan's representative, to attend the meeting with City staff, but that she
had declined because there had been no basis for agreement between them.
Speaking in opposition to the appeal was Marjorie Mize LeGaye, attorney
representing Marshall Morgan, who displayed plot plans the applicant for
the Variance had prepared explaining that Mr. Morgan proposed to extend
the carports the full length of the dog kennels with a covered top and that
there would be an 8-foot concrete block wall the entire length of the property,
stating this would physically separate the properties and eliminate the problems
of sight which would also reduce the problems of noise. Marshall Morgan,
applicant for the Variance, also spoke in opposition to the appeal, explain-
ing how the line of sight would be reduced.
Robert Hart suggested that both parties concerned be allowed to discuss
the problem before Council took action to see if they could resolve their
differences. Mrs. Fredda Sortray spoke, objecting to the granting of the
Variance.
The hearing was closed.
RECESS At 9:05 P.M., a five minute recess
was declared for the purpose of allow-
ing the principals involved a discussion
to see if they could reach a compatible solution. The Council reconvened
at 9:15 P.M., with ali Council members present.
APPEAL NO. 228 (continued)
Mayor Griset stated that Mrs. LeGaye had informed him that the principals
had not been able to arrive at a solution.
It was moved by Councilman Markel, seconded by Councilman Patterson, to
uphold the action of the Planning Commission, deny the appeal, and instruct
the City Attorney to prepare a resolution granting Variance 69-86 subject to
conditions in Finding of Fact dated November 24, 1969 and subject to the plot
plan as presented at the February 2, 1970 Council meeting, with the block
wall to be 8 feet high and solid to the roof from the carports. The motion was
adopted on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset
None
None
CITY COUNCIL -35- February 2, 1970
PUBLIC HEARING Hearing was opened on the appeal filed
TAXI CAB OPERATOR'S PERMIT by Robert M. Brindle from the Police
Chief's denial of permit to operate a
taxicab in Santa Aha. The appellant, Robert M. Brindle, was not present at
the meeting and there was no response to the call for testimony. The hearing
was closed.
On motion of Councilman Markel, seconded by Councilman Patterson, the
appeal was denied, on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset
None
None
BILLIARDS On motion of Councilman Herrin,
seconded by Councilman Markel and
unanimously carried, the application
of Howard Wood for a family billiards business at 319 West Fifth Street was
approved.
CLASSIFICATION SPECIFICATIONS On motion of Councilman Patterson,
RES. 70-7 seconded by Councilman Villa, Council
approved the Clas sification Specifica-
tions and Salary Range for Senior Auto Mechanic and adopted RESOLUTION 70-7
AMENDING SECTION 3 OF RESOLUTION NO. 58-281 TO ADD CLASS TITLE
OF SENIOR AUTO MECHANIC, on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset
None
None
REIMBURSEMENT S
ized reimbursements on the following:
On motion of Councilman Herrin,
seconded by Councilman Villa and
unanimously carried, Council author-
T.K.P. Building Company for street improvements on south side of
Seventeenth Street between Sycamore Street and Main Street, in the
amount of $11,029.84.
Donald H. Kay for street improvements on east side of Grand at St.
Gertrude Place, in the amount of $8,084.00.
Louis H. Morner for street improvements on the north side of Fair-
haven between Cambridge Street and Tustin Avenue, in the amount of
$626 .z0.
BOND RELEASES Acting on the Public Works Director's
report of satisfactory completion of
improvements, on motion of Council-
man I-{errin, seconded by Councilman Villa and unanimously carried, Council
authorized release of bonds for the following:
CITY COUNCIL -36- February 2, 1970
BOND RELEASES (continued)
Tract 5329, West Orange Road and Westwood Avenue.
Tract 6834, Edinger Avenue at Ritchey Street.
17TFI STREET PAIKKING Councilman Markel commented on the
recent rezoning on the north side of
17th Street from Flower to Broadway
to create parking for the businesses on 17th Street, objecting to the provision
of the ordinance which does not allow joint use of lots for R-1 dwelling and
off- street parking .
ADJOURNMENT
At 9:55 P.M., there being no further
business to come before the City Council,
the Mayor declared the meeting adjourned.
Florence I. Malone
Clerk of the Council
CITY COUNCIL -37- February 2, 1970