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HomeMy WebLinkAbout04-06-1970MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA April 6, 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, Jerry M. Patterson, Ray Villa, Harry K. Yamamoto, and Mayor Lorin Griset. Also present were City Manager Carl J. Thornton, City Attorney William L. Mock, Director of Public Works Ronald Wolford, Director of Planning Herbert Wieland, 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 March 16, 1970 and the Adjourned Regular Meeting of March 30, 1970 were approved as submitted. PROJECT 6021 - On motion of Councilman Herrin, SPRINKLER SYSTEM seconded by Councilman Evans and unanimously carried, Council ordered filed report of bids received for Project 6021, Installation of Sprinkler System in Park at Birch Street and MacArthur Boulevard; awarded,contract to the low bidder, P B M Irrigation Contractors; and rejected all other bids. PROJECT 6022 - SIDEWALK On motion of Councilman Evans, seconded by Councilman Yamamoto and unanimously carried, CounCil ordered flied report of bids received for Project 6022, Construction of Concrete Sidewalk in Park at Birch Street and MacArthur Boulevard; awarded contract to the Iow bidder, Silveri & Ruiz; and rejected al'[ other bids. PROJECT 6023 - On motion of Councilman Ev~ns, DRAINAGE SYSTEM seconded by Councilman Patterson and unanimdusly carrield, Council ordered filed report of bids received for Project 6023, Constfuction of Drainage System in Park at Birch Street and MacArthur Boulevard; awarded contract to the iow bidder, William J. Zapp; and rejected ail other blds. BID CALLS ~ On motion of Councilman Herrin, seconded by CouncilrnaD Markel and unanimously carried~ Council approved plans and specifications ~and authorized advertising for bids for the following: CITY COUNCIL - 83 - April 6, 1970 I BID CALLS (continued) Spec. 371-115 - Hot Pour Rubberized Mastic Joint Sealer (annual requiren,ent), opening May 8; Spec. 381-104 - Gasohne (annual requirements), opening May 8; Spec. 641- 187 - One Maintenance RoIler (replacement), opening April 24; Spec. 641-188- Mail Inserter and Postage Machine (replacement), opening April 23; Spec. 641-189 - Fire Extinguishers, opening April 23; Spec. 641-190 - Replace present engine 1954 Seagrave 1,000 GPM Pumper, Model 530B, opening May 7; Spec. 631-130-A - Standard; 631-130-B - Commercial and Indus- trial; (>31-130-C - Civic Center Fire Hydrants, opening May 8; Project 6026 - Construction of Handball Court in Delhi Park, opening April 24; Project 6027 - Construction of Sanitary Sewer in Prentice Park, opening April 27; Project 6029 - Construction of Lighting in Delhi Park, opening April 27. READING WAIVED The full reading of ordinances and re solutions, the titles of which appeared on the public Agenda, was waived, on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried. ORD. NS-1009 - S.P.S.A. ~15 ORDINANCE NS-1009 AMENDING THE REVISED - FLOWER STREET SANTA ANA MUNICIPAL CODE BY AMENDING SECTION 41-734 THEREOF RELATING TO SPECIFIC PLANS FOR STREET ALIGNMENT (S.P.S.A. NO. 15 ~ Revised, Flower Street) was passed to second reading, on motion of Councilman Villa, seconded by Councilman I-Ierrin and unanimously carried. ORD. NS-1010 - ORDINANCE NS-1010 AMENDING THE CIVIL DISASTER PROTECTION SANTA ANA MUNICIPAL CODE BY AMENDING DIVISION 3, ARTICLE IV, OF CHAPTER 2 THEREOF RELATING TO CIVIL DISASTER PROTECTION was passed to second reading, on motion of Councilman Herrin, seconded by Councilman Patterson, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset None None CITY COUNCIL - 84 - April 6, 1970 RES. 70-27 - RESOLUTION 70-27 - SPECIAL SPECIAL RESOLUTION RESOLUTION TO THE FAMILY OF THE LATE JUANITA ROBINSON EXPRESSING GRATITUDE FOR THE SERVICES OF JUANITA ROBINSON TO THE CITY OF SANTA ANA was adopted, and it was directed that a framed copy of the resolution be sent to the Am- bassadors Club of the Chamber of Commerce, on motion of Councilman Ilerrin, seconded by Councilman Villa and unanimously carried. RES. 70-28 - RESOLUTION 70-28 - SPECIAL SPECIAL RESOLUTION RESOLUTION COMMENDING THE DEPARTING ASSISTANT DIRECTOR OF PUBLIC WORKS FOlK HIS CONTRIBUTIONS TO SANTA ANA CITY GOVERNMENT was adopted, on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried. RES. 70-33 - RESCINDING Council considered RESOLUTION RES. 70-9, RENT SUPPLEMENT 70-33 RESCINDING RESOLUTION PROGRAM 70-9 APPROVING PARTICIPATION BY LOCAL HOUSING OWNERS IN THE FEDERAL RENT SUPPLEMENT PROGRAM. It was moved by Councilman Yamamoto, seconded by Councilman Villa and unanimously carried, to hold the matter over to the evening meeting since it was expected that there woald be people present at the evening session to speak on the matter. Councilman Herrin stated that there were people present this afternoon to speak to the point and expressed the opinion that they should be heard, since the matter was on the afternoon Agenda. John O'Farrell, 802 N. Morse Drive, explained to the Council that the west side property owners had formed a formal organization, with Kevin O'Mahony as President, and they expected to have a large group at the evening meeting when Mr. O'Mahony would speak. Reinaldo Valenzuela, President of the Santa Anita Improvement Association, stated that his group woald also like to have the matter discussed at the evening session. Councilman Villa expressed the opinion that this was a very important issue and that the action taken at the last Council meeting would have far reaching repercussions. It was moved by Councilman Herrin, seconded by Councilman Evans, to rescind the action to hold the matter over to the evening meeting and take action at this time, which motion was passed on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Griset Villa, Yamamoto None A motion was made by Councilman Herrin, seconded by Councilman Evans, to adopt RESOLUTION 70-33 RESCINDING RESOLUTION 70-9 APPROVING PARTICIPATION BY LOCAL HOUSING OWNERS IN TIlE FEDERAL KENT SUPPLEMENT PROGRAM. CITY COUNCIL - 85 - April 6, 1970 FEDERAL RENT SUPPLEMENT PROGRAM (continued) The matter was discussed at length by Council. Councilman Villa stated that the Council's action in re s cinding Resolution 70-9 would be implying that the Council was against low rent housing, urban renewal and dis- advantaged minorities, He read aloud a letter dated March 17,1970, addressed to the Senior Planner, from Robert Hirsch, who had requested the adoption of the resolution by the City Council approving participation by local housing owners in the Federal Rent Supplement Program, in regard to the Council's action of March 16, 1970, rescinding the resolu- tion. Councilman Villa expressed the desire to have a full hearing on the matter so that everyone could be heard, including bankers, savings and loan company representatives, and title company representatives. Mayor Griset stated that he was definitely in favor of Iow rent housing in this cit~y, but that Mr. Hirsch had specifically stated that his project would be for the elderly and had then filed for a variance for apartments most of which would be three and four bedroom apartments. The Mayor stated that the Council had to be very sure of what they are doing in this area so that when it does go forward with such a program, the projects will be the kind we want in our city and will be of benefit to our senior citizens and the low income group; and he further stated his position as not being opposed to rent supplement programs now or in the future as far as Santa Aha is concerned. Councilman Patterson expressed the opinion that the issue is whether the Council feels rent subsidized programs should be favored in the city or whether this particular program should be favored in the city; and he felt the majority of the Council would favor the rent supplement program. He suggested that Resolution 70-9, which sets out two speci- fic locations, be rescinded and a resolution be adopted that does not specify locations. In regard to the adoption of Resolution 70-9, Councilman Patterson felt that a representation had been made to the Council that the project would be for the elderly only; and he thought that we should favor the program for all the groups defined by the government, Councilman Markel expressed his opinion that the matter would really be confusing if the Council considered adoption of another r e solution. Councilman Evans objected to Mr. Villa's statements that the Council as a group is against low rent housing, and expressed his opinion that the Council's action was based on the fact that Mr. t-tirsch misled the Council. Councilman Evans stated he thought that persons wanting to build these apartments should bring the proposal to the Council on an individual location basis with the proper plans so that Council could evaluate; but he did not want to adopt a resolution that does not specify locations. Councilman Yamamoto stated that he concurred with Councilman Patterson's statements. Councilman Villa suggested that perhaps Council could adopt an open housing resolution. Councilman Herrin stated his opposition to our city accepting federal funds. CITY COUNCIL - 86 ~ April 6, 1970 FEDERAL RENT SUPPLEMENT PROGRAM (continued) Councilman Patterson made a motion, seconded by Councilman Villa, to amend Councilman Herrin's motion to adopt Re solution 70- 33, to modify Resolution 70-9 by the deletion of the third paragraph regarding the two specific locations which are attached as Exhibits "A" and "B", and the deletion of the words, "in locations identified on attached Exhibits "A" and "B" in the fourth paragraph. Councilman Evans said he would prefer this to be in a form that the Council could all read and go over. It was then moved by Councilman Patterson, seconded by Councilman Villa, to table the entire matter, the original motion and the amended motion, until a specific re solution can be prepared, which motion failed adoption on the following roll call vote: AYES: NOES: ABSENT: Evans Patterson, Villa Herrin, Markel, Yamamoto, Griset None Councilman Patterson then read aloud Resolution 70-9 as it would be modified by his amended motion, which deleted alt reference to specific locations for low income housing and would permit such development at any properly zoned location within the City. After further discussion by Council, it was moved by Councilman Villa, seconded by Councilman Herrin, to open the discussion to the floor so that the people present in regard to the matter could be heard, which motion was adopted on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patter son, Villa, Yamamoto, Griset Markel None The Mayor recognized the following persons, who spoke in opposition to the Federal Rent Supplement Program: John O'Farrell, 802 N. Morse Drive, representing west side property owners, stating they felt they should have had a chance to be heard on the matter before Resolution 70-9 was adopted, and that if a blanket location resolution were to be adopted, they would like to discuss it before Council acted; Robert Fair, 1425 Standard, speaking for the Orange County Apartment Association, who stated they were opposed to the program as a whole, that is, Federal subsidizing; Janice Boer, 912 N. Lowell, opposed to a blanket location resolution; Gene Duvall, Business Agent for Plumbers Union, who stated that Iow rent housing would be low cost housing, poorly constructed; CITY COUNCIL - 87 - April 6, 1970 FEDERAL RENT SUPPLEMENT PROGRAM (continued) Robert Levin, 815 N. Harbor, who stated it would not be fair for the people who have invested in business property on Harbor Boule- vard, that the schools would be overloaded, and that the matter should be given to a special committee for study; Mrs. Hendricks, 4701 Oakfield, who expressed the opinion that it would be better to put in a shopping center in the area, that the apartment development would overload the schools and the neighborhood; L. L. Barnett, owner of business property in the area, who stated the area should stay commercially zoned; Reinaldo Valenzuela, representing Santa Anita Improvement Association, stating the neighborhood needed to be upgraded, that they wanted to improve the area, and that more people would bring in more problems. Frank Benjamin, FHA representative, explained that FHA would not bring in substandard housing and that any housing would have to be built according to the City's building codes and that this would upgrade the neighborhood. Councilman Patterson moved to make a second amendment to his amended motion, seconded by Councilman Villa, to add to the amended motion that any developer of property who intends to avail himself of Section 101 of the Housing and Urban Development Act of 1965 shall be required to notify the City Council of the City of Santa Aha of his intentions. The second amendment to the amended motion was passed, on the following roll call vote: AYES: Evans, Patterson, Villa, Yamamoto, Griset NOES: Herrin, Markel ABSENT: None The first amendment to the original motion, to modify Resolution 70-9 as previously set out, was then voted on by Council and failed adoption by the following roll call vote: AYES: Patterson, Villa NOES: Herrin, Evans, Markel, Yamamoto, Griset ABSENT: None Since the first amendment failed to pass, the entire amendment failed adoption. The original motion to adopt RESOLUTION 70-33 RESCINDING RESOLUTION 70-9 APPROVING PARTICIPATION BY LOCAL HOUSING OWNERS IN THE FEDERAL RENT SUPPLEMENT PROGRAM was then voted on, and l{esolution 70-33 was adopted on the following roll call vote: AYES: Herrin, Evans, Markel, Yamamoto, Griset NOES: Patterson, Villa ABSENT: None CITY COUNCIL - 88- April 6, 1970 RECESS Council members present. At 4:30 P.M., a five minute recess was declared. The Council recon- vened at 4:43 P.M., with all RES. 70-35 - ELECTION RESOLUTION 70-35 OF THE CITY CHARTER AMENDMENT COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, ORDERING, CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD IN SAID CITY ON JUNE 2, 1970, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY A CHARTER AMENDMENT RELATING TO THE BOARD OF EDUCATION AND CONSOLIDATING SAID ELECTION WITH THE STATEWIDE DIRECT PRIMARY ELECTION TO BE HELD ON SAID DATE was adopted, on motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried. RES. 70-36 - RESOLUTION 70-36 OF THE CITY WRITTEN ARGUMENTS COUNCIL OF THE CITY OF SANTA': ANA, CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT FOR A CITY MEASURE was adopted, on motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried. Mayor Griset directed that ihe Charter Revision.Commiti,ee, consisting of Councilmen Herrin, Evans and Patterson, be autho~i~.dl}o prepare the argument to be included in the sample ballots to be s~ep?~to the voters. MECHANICAL ENGINEERING On motion of Councilman Herrin, SERVICES seconded by Councilman Markel and unanimously carried, execution of the agreement with F. T. Andrews, Inc. for mechanical engineering services for connection of the Library to the Central Utility Facilities was authorized. ARCHITECTURAL SERVICES On motion of Councilman Herrin, seconded by Councilman Patterson, Council authorized execution of Amendment to the Agreement with Ramberg & Lowrey for architectural services for the new City Hall, providing for monthly progress payments for fees during working drawings phase, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Villa, Yamamoto, Griset Markel None Ct-TY COUNCIL - 89- April 6, 1970 GRADE CROSSING On motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried, Council authorized execution of agreements for proposed grade crossing of Deere Avenue with the AT & SF Railway Company and with Irvine Industrial Complex. CHANGE ORDERS approved the following change orders: On motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried, Council No. 1 to contract with Mark Construction Company, Project 1Z68, Construction of MacArthur Boulevard, Bristol to Ramona Drive, increasing $1,735.91 . No. 1 to contract with B. H. Miller Construction Company, Project 7008, McFadden Branch Library, increasing $1,243.78. ENCROACHMENT On motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried, Council authorized execution of agreement with Standard Oil Company and Eugene A. Robinson for encroaching sign at southeast corner of Seventeenth and Main Streets. CIVIC CENTER COMMISSION Council considered the letter of RESIGNATION resignation from Thomas F. Larsen as a member of the Civic Center Corrnnnission. Since Mr. Larsen had orally agreed to remain on the Commission until a replacement is appointed, it was moved by Council- man Herrin, seconded by Councilman Evans and unanimously carried, that Council consider a replacement for him in an executive session at the April 20 Council meeting, and acceptance of his resignation was delayed until the replacement is appointed. Janice Boer requested Council to also consider replacing the gentleman on the Civic Center Commission who does not live in the City of Santa Aha at the executive session. Mayor Griset requested the City Attorney to provide Council with an opinion concerning residency requirement for appointment to the Civic Center Cornrnis sion. TAX COLLECTOR'S SALE Acting on the recommendation in the staff report regarding the letter dated March 25, 1970 from the County Tax Collector listing parcels deeded to the State which may be purchased by the City, the Council authorized purchase of two parcels listed as AP 10-273-26 and AP 101-591-26, on motion of Councilman Herrin, seconded by Councilman Yamamoto and unanimously carried. CITY COUNCIL - 90 - April 6, 1970 AMENDMENT APPLICATION 655 On motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried, Council ordered filed the letter from Frank Bueche, President, National Land Development Company, requesting Council to schedule a hearing for Amendment Application 655, since the matter has been set for hearing on April 20, 1970. SOLICITATIOlq APPLICATIONS On motion of Councilman Herrin, seconded by Councilman Markel and unanimously carried, the following Solicitation Applications were ordered filed: St. Paul Baptist Church, door to door, April 15 - May 1, 1970. First Church of God, selling candy bars, April7 - June 6, 1970. ALCOHOLIC BEVERAGE On motion of Councilman Herrin, LICENSE APPLICATIONS seconded by Councilman Patterson and unanimously carried, the following Alcoholic Beverage License Applications were ordered filed: Tic Toc Market, 2102 W. 17th, Off Sale Beer & Wine, Person Transfer; 7-Eleven Store, 1220 N. Bristol, Off Sale Beer & Wine, Person Transfer; The Colony, 116 E. 4th, On Sale Beer, Person Transfer; The Digger, 2132 S. Main, On Sale Beer, Person Transfer; Starer Bros. Market, 1230 McFadden, New Off Sale Beer & Wine; Bomb Shelter, 216 E. Warner, On Sale Beer, Person Transfer; Sugar Shack, 3610 W. Bolsa, New On Sale Beer; Stop lq Go, 1624 S. Standard, Off Sale Beer & Wine, Person Transfer; Stop Over, 220 E. 3rd, New On Sale Beer; Trieste Italian Importing, 1400 W. McFadden, Off Sale Beer & Wine, Person Transfer; Liquor Bank, 2133 S. Main, Off Sale General, Premises Transfer. TRAFFIC Report of control devices removed or installed March 3, 1970 through March 26, 1970 was ordered filed, on motion of Councilman Patterson, seconded by Councilman Yamamoto and unanimously carried. CITY COUNCIL - 91 - April 6, 1970 VARIANCE AND CONDITIONAL It was moved by Councilman Herrin, USE PEl{MIT seconded by Councilman Patterson and unanimously carried, to adopt the findings of fact, conclusions and decision of the Planning Commission or Zoning Administrator as'action of the City Council for: VA 70-i0, SANTA. ANA'COMMUNITY HOSPITAL - establish an additional off-street p~king area for the hospital in the R 3 H District at 900 .North Poinsettia - APPROVED. It w~a~ moved by Councilma~ Her~in, seconded by C0%incilman Evans, to ~op~ the £inding$ of fact, dohcl~lsions and decision of the Planning .Co.nimission or Z6ning Administrator ~s action 6f,the ~ity.Cpuncil*on the. foil?wing: , ~,1 7 0- l 1' , ~ALIF~NIA,~ND ~I~L~ COMPANY - permit a 2' x 29'. illuminated i~fiua~ioB sigff dn an exi'~ting ~lding in .~' the P.D~str~c'{. at',[0Z0 ;~orth Broadway - APPROVEU. ~oiion~ ~a s ,adopt~ ~b~ %He ,follo~g r olP'cal~vote: NOES: Markel, ~tersbn, Villa ~ ,. ~BSENT: None PAI{CEL MAP 643 Tenta~tive Parcel Map 643, filed by Santa Aha Cornrni*nity Hospital, creating two (2) L P parcels on the~ ea:st side of.Tustin at the intersection of Tustin and Fruit, was appr..oved~snbject to conditions in Planning Director's report dated .Ma.rob 25, 1970, and the alley requirement was waived, on motion of Councilman Herrin, seconded by Councilmah Evans and unanimously carried. PAl{GEL MAP 650 Tentative Parcel Map 650, filed by Rand Development Co., creating two (Z) C 2 parcels on the south side oil Ceniral Avenue, 240 feet east of Bristol Street, was approved subject to coliditions'in Planning Director's report dated March 26, 1970, on motiol~ of (3ouncilman Herrim, seconded.by Councilma.n/Evans and unanl- mousl~ cazried. PZ~.¢~L MA~ 65r ,,~ Tentative Pa~ceLMap 651, filed by ~" ~..~ . Nati6nal Land Company, creating -- .:L,, two (2) C 1/~arcels on the north side of.First Street, 488 feet~.~est of Tustir~ A~renue, was approved subject to c~itions in Planning Direntor's report dated March. Z6, 1970, and the ' alley requirement was waived, on motion of Couficilman Herrin, seconded b~ Councilman Yamamoto and unahimously carried .' 'CITY COUNCIL - 92'- April 6, 1970 TENTATIVE TRACT 7190 Tentative Tract Map 7190 (Revised), (REVISED) filed by Ronald R. Cosby, creating twelve (1Z) M 1 lots on the west side of Grand Avenue, 480 feet south of Edinger Avenue, was approved subject to conditions in Planning Director's report dated March 25, 1970, and the alley requirement was waived, on motion of Councilman Herrin, seconded by Councilman Yamamoto and unanimously carried. SANTA AHA RIVER STUDY After considering the report from the Planning Director regarding the Santa Aha River Study with the recommendation from the Planning Commis sion that the Council encourage the Board of Supervisors to cooperate with the development of the Santa Ana River "Coast to Crest" project, the recommendation was approved and the City Attorney was instructed to prepare a resolution urging the Board of Supervisors to support the project, on motion of Councilman Patterson, seconded by Councilman Markel and unanimously carried. WATER SYSTEMS IN The City Manager reported that SUBDIVISIONS because of the increase in building throughout the City, City installa- tion of water lines and meters has fallen behind normal schedules and in some cases, has resulted in delaying progress of the development; and that he recommended adoption of Resolution Nos.' 70-g9 and 70-30, which wo~lld give the developer the alternative of installation at his own expense subject to City inspection in the event the City schedules ar e not compatible with his development schedule. RESOLUTION 70-29 FIXING CHARGES FOR THE INSTALLATION OF NEW WATER MAINS AND A FRONT FOOTAGE CHARGE FOR CONNEC- TION TO EXISTING WATER MAINS FOR WHICH NO PAYMENT HAS PREVIOUSLY BEEN MADE AND RESCINDING RESOLUTION 68-158 was adopted, on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried. RESOLUTION 70-30 FIXING CHARGES FOR WATER SERVICE INSTALLA- TION AND RESCINDING RESOLUTION 68-157 was adopted, on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried. FIRE RATING Acting on the recommendation of the City Manager, it was moved by Councilman Herrin, seconded by Councilman Patterson and unanimously carried, to set a public hearing for ?:30 P.M., on Monday, April 20, 1970, in the Council Chambers, City Hall Annex, 500 West Sixth Street, to consider a proposal to expand Fire Zones I and II with a view toward the achievement of an improved Fire Rating for the City. CITY COUNCIL - 93 - April 6, 1970 DEEDS WITH CASH It was moved by Councilman Herrin, GRANTEE, CITY seconded by Councilman Patterson, to approve the following deeds and authorize execution of escrow by the Mayor: Mitsie Davis, north side of First, west side of Ross, street purposes; William H. Minton, west side of Ross, north of First, street purposes; Estate of Juan R. Gonzales, north side of First, east of Daisy, street purposes. The motion was adopted, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Villa, Yamamoto, Griset Markel None DEEDS, NO CASH The report of No Cash Deeds GRANTEE, CITY accepted by the City Manager pursuant to Resolution 69- 156 from March 12, 1970 through April 1, 1970 was ordered filed, on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried. DEEDS, NO CASH Council authorized execution by the GRANTOR, CITY Mayor and Clerk of the Council a Deed to various owners of record, south of Village Way, for excess easement, on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried. RECESS At 5:31 P.M., the meeting was recessed to 7:30 P.M., at which time it was reconvened, with ali Council members present. Following the Pledge of Allegiance to the Flag, the Invocation was delivered by Mayor Lorin Griset. SPECIAL RESOLUTION Mayor Griset read aloud RESOLUTION 70-27, a Special Resolution to the family of the late Juanita Robinson expressing gratitude for her services to the City of Santa And, adopted by the Council at the afternoon session. SPECIAL RESOLUTION RESOLUTION 70-28, a Special Resolution of Commendation for former Assistant Director of Public Works Henry Mohle, was presented to Mr. Mokle by Mayor Griset. CITY COUNCIL - 94 - April 6, 1970 PUBLIC HEARING The public hearing was opened to ORD. NS-1006 consider the adoption of Ordinance NS-1006, adopting by reference certain codes to be included as part of the Santa Aha Municipal Code. There being no response to the call for testimony, the hearing was closed. ORDINANCE NS-1006 ADOPTING BY REFERENCE CERTAIN CODES KNOWN AS THE UNIFORM BUILDING CODE, 1967 EDITION, VOLUME I; UNIFORM BUILDING CODE, 1967 EDITION, STANDARDS; INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS UNIFOI~M PLUMBING CODE; UNIFORM BUILDING CODE, 1967 EDITION, VOLUME V, SIGNS; NATIONAL ELECTRICAL CODE, 1968; UNIFORM BUILDING CODE, VOLUME III - HOUSING; AND THE UNIFORM MECHANICAL CODE, 1967 EDITION; REPEALING AND READOPTING CERTAIN PORTIONS OF CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE TO AMEND AND ADD TO THE CODES HEREBY ADOPTED was adopted, on motion of Councilman Herrin, seconded by Councilman Patterson, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset None None PUBLIC HEARING - STREET Hearing was opened on proposed VACATION - WILSHIRE, vacation for portion of Wilshire VILLAGE WAY - RES. 70-3'1 Avenue and portion of Village Way. There being no response to the call for testimony, the hearing was closed. RESOLUTION 70-31 ORDERING THE VACATION OF A POI{TION OF WILSHIRE AVENUE, ~VEST OF VILLAGE WAY, AND A PORTION OF VILLAGE WAY, SOUTH OF McFADDEN AVENUE was adopted, on motion of Councilman Evans, seconded by Councilman Markel, on the following roll call vote~: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset None None PUBLIC HEARING Hearing was opened on appeal APPEAL - VA 69-102 filed by the Santa Aha City Council, appealing the Planning Commission's approval of Variance Application 69-102, filed by Joseph R. Ca[lens, to construct a garden apartment complex and commercial building in the R 1 District at 3771 South Greenville. George Buccola, 4612 Camden Drive, Newport Beach, the developer, spoke in opposition to the appeal. He explained that they have no interest in the commercial endeavor, that it was proposed simply for the convenience of the people who would be living in the development, and that they would be willing to abide by the Council's decision as to deletion or retention of the commercial building. ~. CITY COUNCIL - 95 - April 6, 1970 PUBLIC HEARING ON APPEAL OF VA 69-102 (continued) Judith Shane, 3487 San Rafael Circle, Costa Mesa, and Mrs. Diane Athern, 3463 San Marino Circle, Costa Mesa, spoke in favor of the appeal, stating they lived in the tract directly across from the proposed development and were opposed to any commercial development in the area, since the inten- tion was to develop the general area as a multiple residential. The hearing was closed. It was moved by Councilman Evans, seconded by Councilman Herrin, to uphold the action of the Planning Commission and instruct the City Attorney to prepare a resolution granting Variance 69-102 subject to conditions in Finding of Fact dated January 26, 1970, and to include a restriction that there will be no additional parking, no access from the outside, and no exposed signs for the commercial building. Councilman Markel stated he was opposed to the commercial aspect of this development, since it is on the boundary line of a neighboring community, Costa Mesa, and would be detrimental to that city, since it is all residentially zoned in the area. In response to a question by Councilman Patterson, the City Manager explained that our city does have a zone for mixed uses, the C R zone, which is specifically set up for that purpose, and that there is C R zoning along Bristol Street which would permit the mixed use on that street. Councilman Herrin expressed the opinion that the commercial aspect in the proposed development would be beneficial for the people living in the development, and that if there is no additional parking to provide for outside buyers, this would deter them from shopping there. Councilman Villa stated that in view of the Attorney's opinion that granting one com- mercial use by variance would affect the ability of the Planning Commis- sion or City Council to deny commercial use on property similarly situated, he would be against permitting the commercial building on this application. The motion failed adoption onthe following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Griset Markel, Patterson, Villa, Yamamoto None It was then moved by Councilman Patterson, seconded by Councilman Villa, to uphold the action of the Planning Commission and instruct the City Attorney to prepare a resolution granting Variance 69-102 subject to conditions in Finding of Fact dated 3anuary 26, 1970, except that all reference to a convenience center (item g) be deleted. The motion was adopted on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patter son, Villa, Yamamoto, Griset None None PUBLIC HEARING ~ APPEAL 231 Hearing was opened on Appeal VA 70-4, WARD & HARRINGTON No. 231, filed by Ward & Harring- ton Lumber Company, appealing Conditions 10 a, 10 b, 11 b, and 12 imposed on Variance Application 70-4, to construct a mobile home park in the C 2 and M 1 Districts with approxi- mately 195 spaces at 4080 West First Street, approved by the Planning Commission on February 24, 1970. CITY COUNCIL - 96- April 6, 1970 PUBLIC HEARING ON APPEAL NO. 231 OF VA 70-4 (continued) Cecil Wright, 60 Plaza Square, Orange, Attorney for the appellant, displayed a map of the property to Council and explained the surrounding area. He stated that his client objected to the conditions imposed that required a north - south street along the west property line from First Street south approximately 700 feet; allowed only one driveway to First Street; required street easement for the north - south street; and re- quired providing a drainage easement along the westerly property line. He expressed the opinion that because the adjoining 10 acres is owned by the Garden Grove School District and is a landlocked parcel, they are being asked to put in the street to solve the access for the school district property; and he further stated that it would not benefit the subject property. Mr. Wright stated that they would be solving the drainage for the neighboring properties. He also stated that most trailer parks do not have d~dicated streets through the park; that with dedicated streets, the owner cannot control the traffic through the park. Mr. Wright expressed the opinion that the conditions imposed were unreasonable and served'to benefit the school district property. I{. S. Harvey, 620 Vance Street, with Ward & Harrington Lumber Company, and Howard Miller, with Contemporary Mobile Homes Corporation, also spoke in favor of the appeal. David McCalla, owner of adjoining property on /he west at the corner of First and Harbor, spoke in opposition to the appeal. He felt that access off of First Street to the proposed park would be impeded if it were in the middle of the block rather than at an intersection, and that the street along the side of the property would be favorable. Mrs. McCalla stated that it is better to come out of a trailer park onto a minor street rather than onto a main artery. The hearing was closed. After discussion by Council, it was moved by Councilman Patterson, seconded by Councilman Villa, to deny the appeal, uphold the action of the Planning Commission, and instruct the City Attorney to prepare a resolution granting Variance 70-4 subject to conditions in Finding of Fact dated February Z4, 1970. The motion was adopted on the following roll call vote: ' ~k¥ ES: NOES: ABSENT: Herrin, Patterson, Villa, Yamamoto, Oriset Evans, Markel None RECESS At 9:15 P.M., a five minute recess was declared. The Council reconvened at 9:25 P.M., with all 97 - ?Ap-=il 9,, f970 RES. 70-32 RESOLUTION 70-32 AMENDING CLASSIFICATION SPECIFICATIONS SECTION 3 OF RESOLUTION NO. 58-281 TO ADD CLASS TITLE OF RECREATION AID was adopted, on motion of Councilman Serrin, seconded by Councilman Patterson and unanimously carried. WALKWAY CLOSING REQUEST On motion of Councilman Markel, seconded by Councilman Herrin and unanimously carried, a petition containing approximately 13 signatures of residents of the 2600 block of North Louise requesting permission Go close the walkway at the end of the cul-de-sac with a six foot wall was referred to staff for report and recom- mendation at the April 20 Council meeting. BOND RELEASE Acting on the Public Works Direc- TRACT NO. 5451 tor's report of satisfactory com- pletion of improvements, on motion of Councilman Herrin, seconded by Councilman Markel and unanimously carried, Council authorized release of bonds for Tract No. 5451, Ramona Drive and Olive Street north of Alton Street. BUDGET TRANSFER On motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried, t~he City Council approved the request for Budget Transfer from Account 51'-298 to Account 51-296, in the amount of $225.00. TAPE RECORDER At Councilman Villa' s suggestion, Council considered the question of installing a tape recorder. Council- man Villa stated that he recorded all of the meetings at the conferences he attended on tape, and it would be helpful to have a unit for transcription which the Council could refer to if they wished. The matter was referred to staff for a report on the different types of recording equipment, on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried. LOCAL AGENCY FORMATION On motion of Councilman Herrin, COMMISSION seconded by Councilman Villa and unanimously carried, Councilman Patterson was appointed as the representative of the City Council with the power to vote for a new representative to the Local Agency Formation Commi.ssion at their election on April 23, 1970. ~C I~.'C(~.UNCIL - 98 - April ~, 1~70 ADJOURNMENT At 10:00 P.M., there being no further business to come before the City Council, tile Mayor declared the meeting adjourned to 2:00 P.M., April 9, 1970, in the Mayor's office at City Hall, 217 North Main Street, for the purpose of interviewing appli- cants for the Human l{elafions Commission. Florence I. Malone Clerk of the Council CITY COUNCIL - 99 - April 6, 1970