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HomeMy WebLinkAbout05-04-1970MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA May 4, 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 Council- men 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 The Minutes of the Regular Meeting of April 20, 1970 were approved as submitted, on motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried. EXECUTIVE SESSION At 2:04 P. M., the City Council adjourned to Executive Session for approximately one-half hour to consider appointments to the Human Relations Commission and to the Civic Center Commission. The Council reconvened at 3:25 P. M., with all Council members present. HUMAN RELATIONS COMMISSION It was moved by Councilman APPOINTMENTS Patterson, seconded by Councilman Villa, that the following 15 persons be appointed to the City's first Human Relations Commission, with Reverend Galal Gough to act as Chairman at the first meeting pending its organization: Mr. Norman C. Corbin Mr. Herman Kelly Mrs. Sadie Reid Mr. Don Ventura Mr. Lorenzo Rios Mr. Arturo Moreno Mr. Samuel Sandoval Mr. Roy H. Uno Mr. RonaldA. Karos Mr. James W. Nash The Reverend Galal Gough Mr. Harlan D. Anderson Mrs. Marian Ross Mr. John E. Martin Mrs. Patricia McGuigan The motion was adopted on the following roll call vote: AYES: Herrin, NOES: Markel ABSENT: None Evans, Patterson, Villa, Yamamoto, Griset CITY COUNCIL -115- May 4, 1970 HUMAN RELATIONS COMMISSION APPOINTMENTS (Continued) Councilman Markel explained that he had never been in favor of calling this body a commission, and that he felt that the first time this committee met, they should be permitted to make their own selection of a chairman. Mayor Griset requested the Clerk to inform the people who had been appointed, so that they could be present at the evening meeting to take the Oaths of Office. CIVIC CENTER COMMISSION On motion of Councilman Villa, APPOINTMENTS seconded by Councilman Evans and unanimously carried, Tom McMichael was appointed as one of the City of Santa Ana representatives on the Civic Center Commission to fill the unexpired term of Thomas Larsen, who has resigned, term expiring on June 30, 1972. It was moved by Councilman Herrin, seconded by Councilman Yamamoto, that R. H. Kopel be re-appointed as the second Santa Ana representative on the Civic Center Commission for a four year term, expiring May 4, 1974. The motion was adopted on the following roll call vote: AYES: Herrin, Evans, Patterson, NOES: Markel ABSENT: None Villa, Yamamoto, Griset Co-ancilman Markel explained that he voted "No" because Mr. Kopel does not reside in the City of Santa Ana. MEMOCORD DEMONSTRATION device. Mr. Mann, of Tiernan Office Equip- ment Company, demonstrated briefly to the Council the Memocord recording SPEC. 641-187 On motion of Councilman Herrin, MAINTENANCE ROLLER seconded by Councilman Evans and unanimously carried, Council ordered filed report of bids received for Spec. 641-187 - One Maintenance Roller (replacement) and awarded contract to Essick Machinery Company, the only bidder. PROJECT 6026 - HANDBALL COURT On motion of Councilman Herrin, seconded by Councilman Yamamoto and unanimously carried, Council ordered filed report of bids received for Project 6026, Construction of Handball Court in Delhi Park; awarded contract to the low bidder, Steen Construction Co.; and rejected all other bids. CITY COUNCIL -ll6- May 4, 1970 PROJECT 6029 - LIGHTING On motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried, Council ordered filed report of bids received for Project 6029, Construction of Lighting in Delhi Park; awarded contract to the low bidder, Loop Electric Company; and rejected all other bids. PROJECT 6027 - SANITARY SEWER On motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried, Council ordered filed report of bids received for Project 6027, Construction of Sanitary Sewer in Prentice Park; awarded contract to the low bidder, Brage Construction Company; and rejected all other bids. SPEC. 641-188 - POSTAGE MACHINE On motion of Councilman Herrin, seconded by Councilman Yamamoto and unanimously carried, Council ordered filed report of bids received for Spec. 641-188, Mail Inserter and Postage Machine (replacement) and awarded contract to the low bidder, Singer Friden Division; and rejected all other bids. BID CALLS On motion of Councilman I-Ierrin, seconded by Councilman Patterson and unanimously carried, Council approved plans and specifications and authorized advertising for bids for the following: Spec. 641-191, 4 Permanent Baseball Backstops, opening May 21; Project 3017, Construction of Sanitary Sewer in St. Gertrude Place from Park Drive to Towner Street in Towner Street from Warner Avenue to Anahurst Place, opening May 22; Project 7016, Construct Well Pump Houses at Walnut Bristol, West and Cambridge Stations and at Wells 16, 19, 20, 21, 22, 23, 24, opening May 2~. READING WAIVED On motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried, the full reading of ordinances and resolutions, the titles of which appeared on the public Agenda, was waived. ORD. NS-1008 ORDINANCE NS-1008 AMENDING MOBILE HOME PARKS THE SANTA ANA MUNICIPAL CODE BY ADDING ARTICLE X TO CHAPTER 41 THEREOF TO ESTABLISH DEVELOPMENT STANDARDS FOR MOBILE HOME PARKS was adopted, on motion of Councilman Patterson, seconded by Councilman Yamamoto, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset None None * CITY COUNCIL -117- May 4, 1970 ORD. NS-1011 ORDINANCE NS-1011 AMENDING DISCHARGE OF FIREARMS THE SANTA ANA MUNICIPAL CODE BY ADDING SECTION 10-149 TO ARTICLE I OF CHAPTER 10 THEREOF RELATING TO DISCHARGE OF FIREARMS was adopted, on motion of Councilman Evans, seconded by Councilman Patterson, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset None None ORD. NS-1012 - FIRE ZONES ORDINANCE NS-1012 AMENDING THE SANTA ANA MUNICIPAL CODE BY REPEALING AND RE-ENACTINC SECTIONS 8-40, 8-41, AND 8-42 THEREOF RELATING TO THE CREATION OF AND BOUNDARIES OF FIRE ZONES was adopted, on motion of Councilman Patterson, seconded by Councilman Evans, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, None None Villa, Yamamoto, Griset ORD. NS=1013 - CROSSING GUARDS ORDINANCE NS-1013 ESTABLISH- ING CRITERIA FOR THE INSTALLA- TION OF ADULT SCHOOL CROSSING GUARDS was adopted, on motion of Councilman Herrin, seconded by Councilman Yamamoto, on the following roll call vote: AYES: NOE S: ABSENT: Herrin, Evans, Markel, None None Patterson, Villa, Yamamoto, Griset ORD. NS-1014 - S. P. S.A. #38 ORDINANCE NS-1014 AMENDING THE ALTON AVENUE SANTA ANA MUNICIPAL CODE BY ADDING SECTION 41-741 RELATING TO SPECIFIC PLANS FOR STREET ALIGNMENT was passed to second reading, on motion of Councilman Evans, seconded by Councilman Patterson and unanimously carried. ORD. NS-1015 ORDINANCE NS-1015 AMENDING THE TEMPORARY OFFICE TRAILERS SANTA ANA MUNICIPAL CODE BY DELETING SUBHEADING (j) FROM SECTION 41-632 THEREOF RELATING TO TEMPORARY OFFICE TRAILERS was passed to second reading, on motion of Councilman Patterson, seconded by Councilman Villa and unanimously carried. ORD. NS-1016 - A.A. 654 ORDINANCE NS-1016 CHANGING PLANNING COMMISSION DISTRICT CLASSIFICATIONS ON AMENDMENT APPLICATION 654 INITIATED BY THE PLANNING COMMISSION AND AMENDING SECTIONAL DISTRICT MAP 18-5-9 (EXHIBIT AA 6~=4-A) was passed to second reading, on motion of Councilman Herrin, seconded by Councilman Yamamoto and unanimously carried. Due to a conflict of interest on the following item, Mayor Griset left the Council Chambers. CITY COUNCIL -118- May 4, 1970 ORD. NS-1017 - A.A. 656 ORDINANCE NS-1017 CHANGING DISTRICT SCHILDMEYER CLASSIFICATION ON AMENDMENT APPLICATION 656 FILED BY MARIE R. SCHILDMEYER AND AMENDING SECTIONAL DISTRICT MAP 6-5-9 (EXHIBIT AA 656-A) was passed to second reading, on motion of Councilman Evans, seconded by Councilman Villa and unanimously carried. Mayor Griset returned to the Council table. ORD. NS-1018 ORDINANCE NS-1018 AMENDING THE PARK DEVELOPMENT FEES SANTA ANA MUNICIPAL CODE BY REPEALING SUB-SECTION 134 OF SECTION 21-72 THEREOF AND ADDING ARTICLE IV TO CHAPTER 35 THEREOF TO PROVIDE FOR THE PAYMENT OF FEES IN CONNECTION WITH THE CONSTRUCTION OF RESIDENTIAL UNITS, THE DEPOSIT OF SUCH FEES IN THE RECREATION AND PARKS FUND, AND THE USE OF SUCH FEES FOR PUBLIC PARK AND RECREATIONAL PURPOSES IN ACCORDANCE WITH THE GENERAL PLAN was considered by the City Council. It was moved by Council- man Patterson, seconded by Councilman Villa, to pass to second reading Ordinance NS-1018. After discussion, Councilman Patterson amended his motion, seconded by Councilman Herrin and unanimously carried, to delete sub-paragraph (e) of Sec. 35 -108. The main motion to pass to second reading Ordinance NS-1018 was then unanimously adopted. RES. 70-41 - FEES After some discussion regarding various fees, on motion of Council- man Evans, seconded by Councilman Villa, RESOLUTION 70-41 AMENDING FEES FOR MISCELLANEOUS SALES AND SERVICE was adopted on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Villa, Yamamoto, Griset Markel None TAX DEEDED PROPERTY On motion of Councilman Herrin, RES. 70-42 seconded by Councilman Yamamoto and unanimously carried, Council authorized execution of Agreement with County of Orange for purchase by City of two tax deeded parcels, AP 101-591-26 and AP 10-273-26, T.C. Sale #1079 and adopted RESOLUTION 70-42 OF THE CITY OF SANTA ANA OFFERING TO PURCHASE TWO PARCELS OF TAX DEEDED PROPERTY. ENCROACHMENT On motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried, Council authorized execution of agreement with Storewell Furniture Company, Inc. and Santiago Improvement Company for encroaching sign at 208 North Main Street. CITY COUNCIL -119- May 4, 1970 WASHINGTON AVENUE CLOSING A letter dated April 17, 1970 from the Executive Committee of the Santa Ana Community Hospital requesting modification of the proposed change in the Freeway Agreement which would close Washington Avenue access to the Freeway east of the hospital w. as ordered filed, on motion of Councilman Patterson, seconded by Councilman Villa, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Patterson, Villa, Yamamoto, Griset Evans, Markel None JOINT MEETINGS The City Council considered the RE GENERAL PLAN request of the Planning Commission to establish meetings with the Santa Ana Board of Education for the purpose of evaluating the impact of the planning of the School District on the General Plan and to consider possible joint planning goals that would enhance the implementation of the General Plan. It was moved by Councilman Villa, seconded by Councilman Evans, that the City Council approve the request for proposed meetings of the Planning Commission with the Board of Education. After some discussion regarding the fact that the Planning Commission is an appointed advisory body to the elected body of the City Council and the question of whether or not it would be better for the Council to meet with the Board of Education rather than the Planning Commission since the Planning Commission cannot establish policy, it was moved by Councilman Patterson, seconded by Councilman Yamamoto, to amend the motion to approve the request of the Plan- ning Commission for proposed meetings with the Board of Education, to provide that the Planning Commission meet with the City Council prior to any meetings with the School Board. The amended motion failed adoption on the following roll call v~e: AYES: NOES: ABSENT: Yamamoto Herrin, Evans, Markel, Patterson, None Villa, Griset The main motion to approve the request of the Planning Commission was adopted on the following roll call vote: AYES: Herrin, Evans, Markel, Patterson, Villa, Yamamoto NOES: Griset ABSENT: None It was then moved by Councilman Patterson, seconded by Councilman Villa, that the City Council hold a joint meeting with the Planning Commission for the purpose of discussing mutual planning issues, including, but not limited to, the General Plan, new problems that may have arisen that the Planning Commission desires to bring to the attention of the City Council, and generally a tuning in session so that the operation of the government can be shared. The motion was adopted on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Villa, Yamamoto Griset None CITY COUNCIL -120- May 4, 1970 RECESS pre sent. At 5:05 P. M., a five minute recess was declared. The Council reconvened at 5:10 P. M., with all Council members ALCOHOLIC BEVERAGE LICENSE APPLICATIONS The following Alcoholic Beverage License Applications were considered: Stow-A-Way, 308 N Euclid, On Sale Beer, Person Transfer; Sherry's, 1214 1/2 W. 1st, New On Sale Beer & Wine; The Plank House, 2313 N. Broadway, On Sale General, Person T ransfe r; The Lost Knight, 1602 E. 1st, On Sale General, Intercounty Transfer; Co Co Inn, 1631 S. Standard, On Sale Beer, Person Transfer; Green Lantern Bar, 4412 W. 5th, New On Sale Beer. It was moved by Councilman Herrin, seconded by Councilman Yamamoto and unanimously carried, that a protest be filed on Sherry's, 1214 1/2 W. First Street, with the Alcoholic Beverage Control Board and the other applications be ordered filed. VARIANCE AND CONDITIONAL On motion of Councilman Herrin, USE PERMIT seconded by Councilman Evans and unanimously carried, Council adopted the findings of fact, conclusion, and decision of the Planning Commission or Zoning Administrator as action of the City Council for: VA 70-17, ORIGINAL HOUSE OF PIES, to construct restaurant with 0' rearyard in the C 2 District and to waive a portion of the required offstreet parking spaces at 2699 N. Main - APPROVED. SOLICITATION APPLICATIONS Solicitation Applications were approved: On motion of Councilman Herrin, seconded by Councilman Markel and unanimously carried, the following United Cerebral Palsy Association, Annual Drive, door to door, May 23, 24, 25, 1970. Ernest L. Kellogg Post 1680 Veterans of Foreign Wars, Poppy Sale, May 22 and 23, 1970. PUBLIC PROPERTY USE On motion of Councilman Herrin, seconded by Councilman Patterson, and unanimously carried, Council ratified the administrative action in granting approval of the Application for Special License to Use Public Property of Shield of Faith, Parade Permit, April 26, 1970, 10:45 A.M. to 11:45 A. M., First at Walnut to Raitt, North to Fourth, East to Bristol, North to Eighth Avenue. CITY COUNCIL -121- May 4, 1970 PARCEL MAP 654 Parcel Map 654, filed by D. M. Simon, creating two (2) M 1 parcels on the southwest corner of Santiago Street and Penn Way, was approved subject to conditions in Planning Director's report dated April 28, 1970, on motion of Councilman I-Ierrin, seconded by Councilman Evans and unanimously carried. PARCEL MAP 655 (REVISED) Parcel Map 655 (Revised), filed by Frank L. Tarleton, creating two (2) R 1 parcels on the southwest corner of Edinger Avenue and Flower Street, was approved subject to conditions in Planning Director's report dated April 28, 1970, and the alley requirement was waived, on motion of Councilman Herrin, seconded by Councilman Yamamoto and unanimously carried. PARCEL MAP 656 Parcel Map 656,, filed by Joel K. Williams, creating nine (9) R 1 parcels on the south side of Walnut Street 470 feet east of Raitt Street, was approved subject to conditions in Planning Director's report dated April 28, 1970, on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried. ALCOHOLIC BEVERAGE CONTROL Acting in accordance with the REGULATIONS recommendation in the City Manager' s report on proposed changes in the Alcoholic Beverage Control Regulations, the Mayor was authorized to write a letter to the Alcoholic Beverage Control Board strongly supporting proposed Rules 143.2, 143.3 and 143.4, on motion of Councilman Evans, seconded by Councilman Villa and unanimously carried. ANIMAL CONTROL REGULATIONS After considering the Manager's report on proposed revision of animal control regulations and the proposed ordinance, the matter was set for public hearing on May 18, 1970, 7:30 P. M. , Council Chambers, City Hall Annex, 500 West Sixth Street, on motion of Councilman Herrin, seconded by Councilman Villa and unanimously carried. DEEDS WITH CASH GRANTEE, CITY execution of escrow by' the Mayor: It was moved by Councilman Herrin, seconded by Councilman Patterson, to approve the following deeds and authorize Norwood, north side of First, west side of Hesperian, street purposes; Davis, et al, north side of Seventeenth, west of Main, street purposes; Fox, north side of Seventeenth, west of Main, street purposes. The motion was adopted on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Villa, Yamamoto, Griset Markel None CITY COUNCIL -122- May 4, 1970 DEEDS, NO CASH On motion of Councilman Herrin, GRANTEE, CITY seconded by Councilman Patterson and unanimously carried, the Report of No-Cash Deeds accepted by the City Manager, pursuant to Resolution No. 69-156, from April 16, 1970 through April 29, !970, was ordered filed, DEEDSj NO CASH On motion of Councilman Herrin, GRANTOR, CITY seconded by Councilman Patterson and unanimously carried, Council authorized execution by the Mayor and Clerk of the following deed: Various owners, east side of Fairview, south of MacArthur, vehicular access rights. ESCROW Execution of escrow by the Mayor was authorized for Kim Estate, north side of First, west of Hesperian, for street purposes, on motion of Councilman Herrin, seconded by Councilman Patterson, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Markel None Villa, Yamamoto, Griset WATER SYSTEM INTERCONNECTIONS On motion of Councilman Patterson, seconded by Councilman Villa and unanimously carried, Council authorized execution of agreements with Tustin Waterworks, Southern California Water Company, City of Fountain Valley, and City of Garden Grove for installation of water system interconnections with non-City systems. BUSINESS CONDUCT Councilman Markel objected to the method of merchandising and advertising at a recently-opened clothing store on the southeast corner of Broadway and Fourth Streets. Me requested that it be referred to the City Center Association and the Chamber of Commerce for consideration of its business practice. FIRST STREET WIDENING Councilman Markel stated that the City had paid $1, 000 per front foot for the purchase of property 40 feet wide and 125 feet deep from the Assistance League for the widening of First Street; that just down the street, $8,000 had been paid for property 50 feet wide and 125 feet deep; and that when the widening of First Street is completed the City will have about 85 feet to sell which might be worth a "little" money since it would be fronting a business street. Me added that he would have more to say on this matter al a later date. CITY COUNCIL -123- May 4, 1970 RECESS At 5:45 P.M., the meeting was recessed to 7:30 P.NI., at which time it was reconvened with all Councilmen present. Following the Pledge of Allegiance to the Flag, the Invocation was delivered by the Reverend Galal Gough of the First United Methodist Church. HUMAN RELATIONS COMMISSION Mayor Griset introduced the newly appointed members of the Human Relations Commission who were present, and the Clerk of the Council administered the oaths of office. PUBLIC HEARING Mayor Griset stated that a A.A. 657 - HOLT7. written request had been received from the applicant, requesting withdrawal of the public hearing on Amendment Application 657, filed by Henry A. and Elvira A. Holtz, proposing amendment of Sectional District Map 5 - 5-9 by prezoning from the A 1 District to the R 4 District property located on the east side of Grand Avenue between Fairhaven Street and Santa Clara Avenue. On motion of Councilman Markel, seconded by Councilman Yarnamoto and unanimously carried, the request to withdraw Amendment Application 657 was granted. PUBLIC HEARING - APPEAL 233 Mayor Griset stated that a VA 70-12 request had been received from the Planning Commission to refer Variance 70-12 back to the Commission prior to Council's consideration of Appeal 233, filed by the City's Department of Public Works; and that the request had been made to enable the Planning Commission to consider evidence by the Department of Public Works not available to the Commission during its hearing on the Variance Application. It was moved by Councilman Villa, seconded by Councilman Evans, to refer the matter back to the Planning Commission. In response to Councilman Evan's question, the City Attorney stated that the Municipal Code made no express provision for referral to the Planning Commission; that this had been done in the past; and that it would be proper if in so doing the Commission would be considering new evidence which could assist the Council in making its determination. Fred Forgy, Jr., attorney for the applicant for the Variance, A.H. Allen, objected to the referral back to the Planning Commission and questioned the legality of the staff's right to appeal the Planning Commission decision. Riley Marquis, of Marquis and Associates, also representing A.H. Allen, similarly objected. CITY COUNCIL -124- May 4, 1970 The Public Works Director stated that the evidence had been presented at the Planning Commission meeting by the Planning staff. The City Attorney stated that his opinion that a referral would be legally proper was based on his understanding that "new" evidence would be presented to the Commission. The motion to refer the matter back to the Planning Commission failed adoption on the following roll call vote: AYES: NOES: ABSENT: Villa, Yamamoto, Griset Herrin, Evans, Markel, Patterson None Hearing was opened on Appeal No. 233, filed by the Department of Public Works, appealing the Planning Commission's action in rejecting certain conditions recommended by the staff, in Planning Commission's approval of VA 70-12, filed by A. H. Allen, to construct a mobile home park in the R 1 District with approximately 204 spaces at 625 South Grand Avenue. Public Works Director Ronald Wolford spoke in favor of the appeal, displaying a map of the area, and explained that the recommended conditions which were rejected by the Planning Commission were those relating to the dedication and improvement of Warren Street all the way through to Grand Avenue, and the recommendation that a parcel map be filed on the property being developed. He stated that the applicant has since stated a parcel map would be filed so the main concern of the staff was that a cul-de-sac of Warren Street would be created in excess of 900 feet in length and that the City's Subdivision Ordinance provides that cul-de-sacs shall not ~xceed 500 feet in length. Mr. Wolford further explained that long cul- de-sacs are detrimental to water distribution system circulation and adequate fire protection, and that the staff was very concerned with the amount of traffic that will be generated during the peak hour in the area. The following persons spoke in opposition to the appeal: Fred Forgy, Jr., attorney for the applicant, who stated that Grand Avenue was an extremely busy street and a higher burden of traffic should not be placed on it by putting Warren Street through, and that it would cut the mobile home park property in half; Riley Marquis, who stated they would be happy to file a parcel map; that they could take care of the drainage problem; that the street would separate the parcel into two parcels; that it would be a great expense to develop the street through to Grand; and that it would create greater traffic on Grand. Mr. Marquis displayed maps and showed photographs to the Council. He explained that the three proposed driveways to Warren Street from the Fredericks development would take care of the fire vehicle access. John Mullen, who stated that the projected traffic volumes arrived at by the staff, might mean a signal would be warranted on Grand Avenue. CITY COUNCIL -125- May 4, 1970 The hearing was closed. After discussion by Council, it was moved by Councilman Herrin, seconded by Councilman Markel, to deny the appeal, uphold the action of the Planning Commission and instruct the City Attorney to prepare a resolution granting Variance Application 70-12 subject to conditions in Finding of Fact dated April 13, 1970, and adding a condition to require a fire crash gate onto Grand Avenue and that the drainage requirements as determined by the Department of Public Works be added. The motion was adopted on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Niarkel, Villa, Yamamoto, Griset Patterson None RECESS Council members present. At 9:30 P.M., a five minute recess was declared. The Council reconvened at 9:40 P.M., with all APPEAL NO. 232 A public hearing was held by CUP 70-2 the City Council on April 20 on Appeal No. 232, filed by Oliver Peterson, appealing the Zoning Administrator's approval of CUP 70-2, filed by Jack L. Lightfoot, to construct and operate a riding stable with monthly horse shows in the A 1 District at 4726 1/2 West 5th Street. The Council tabled a decision on the matter until this meeting for a staff report on legal and illegal uses in the A 1 Zone, to explain the facts on what is permitted and what is not permitted there, and an explanation of the A 1 Zone purpose. Council considered the Planning Director's comprehensive report dated April 30, 1970, on the uses in the subject area, and heard the following persons: Wallace Cloud, 2721 N. Laird Street; Oliver Peterson, 4718 W. 5th Street; Arthur J. Bilava, 1571 W. Katella, Anaheim; Mr. Adams, 2301 So. Shelton; Paul Spendlove, 14981 Deneve, Westminster; Jerry Broderson, President of Corral 76, SantaAna branch ofE.T.I.; Eston Rose, 4626 W. 5th Street; Lawrence Woodall; Jack Lightfoot, 202 S. Ne~-whope; Wanda Goddard, 4714 W. 5th Street; Norma Carley. It was moved by Councilman Villa, seconded by Councilman Yamamoto, to deny the appeal, uphold the action of the Zoning Administrator and instruct the City Attorney to prepare a resolution granting Conditional Use Permit 70-2 subject to conditions in Finding of Fact dated March 23, 1970, except that Condition 3 be changed to read, "That the arena, at all times, be adequately top dressed with oil in order to eliminate any dust problem." The motion was adopted on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Villa,Yamamoto Griset None CITY COUNCIL -126- May 4, 1970 CLASSIFICATION SPECIFICATIONS On motion of Councilman Patterson, RES. 70-43 seconded by Councilman Yamamoto, and unanimously carried, Council approved Class Specifications and Salary for Law Clerk and adopted RESOLUTION 70-43 AMENDING SECTION 3 OF RESOLUTION NO. 58-281 TO ADD CLASS TITLE OF LAW CLERK. BUDGET TRANSFERS On motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried, Council authorized the following Budget Transfers: Transfer of Funds from Fund 11-000, Council Contingency Reserve, to Fund 11-329, Fire Department Building and Equipment Maintenance, in the amount of $25, 700.00. Transfer of Funds from Fund 11-000, Council Contingency Reserve, to Fund 11-131-191, City Attorney, in the amount of $3,000.00. Transfer of Funds from Fund 11-000-911, Council Contingency Reserve, to Funds 11-111-111, Council Legislative, 11-111-191, Other Personal Services, and 11-111-221, Transportation and Travel, in the amount of $5,000.00. WATER WELL The application of Gilbert K. Ranney, Humphries Investments, Inc., to drill one water well for irrigation purposes on property located in the 300 block of South Harbor Blvd. was referred to staff for report and recommendation, on motion of Councilman Herrin, seconded by Councilman Yamamoto and unanimously carried. REIMBURSEMENT On motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried, Council authorized reimbursement to Ward Investment Co. for street improvements on the west side of Glassell from 280 feet to 820 feet north of Santa Clara in the amount of $4,201.35. JEROME PARK On motion of Councilman Villa, seconded by Councilman Patterson and unanimously carried, the report':from the City Manager regarding conditions in Jerome Park was ordered filed. JOINT MEETING On motion of Councilman Patterson, seconded by Councilman Herrin and unanimously carried, Council set a tentative date of Thursday, May 28, 1970, 8:00 A. M., in the Council Chambers, City Hall Annex, for the joint meeting with the Planning Commission if agreeable with the Planning Commission. CITY COUNCIL -127- May 4, 1970 BAR LOCATIONS Mrs. Thomas Biegel, 720 N. Morse Drive, protested the location of the Green Lantern Bar at 4412 West 5th Street, stating that it was across the street from a fire station, in a residential area, and that the corner was used as a drop- off and pick-up location for school children. The City Manager explained that when an ABC license application is received by the City, a copy goes to Building, Police, Planning and Fire Departments and that none of them had reported any problem. Councilman Patterson requested staff to investigate and report back to see if the City can't require a use permit for on-sale ABC licenses when located within a certain distance of schools or R i areas~ INTER-AMERICAN MUNICIPAL On motion of Councilman Villa, ORGANIZATION seconded by Councilman Markel, Council authorized payment of the $100.00 membership fee for this year in the Inter-American Municipal Organization, on the following roll call vote: AYES: NOES: ABSENT: Evans, Markel, Patterson, Villa, Yamamoto, Herrin None Griset HUMAN RELATIONS COMMISSION On motion of Councilman Patterson, TERMS OF OFFICE seconded by Councilman Yamamoto and unanimously carried, the Council specified that the terms of office for the Human Relations Commission be as follows: Terms of office will be for four years, except that the terms of office of the first members appointed will be two year terms for five members, three year terms for five members, and four year terms for five members; the length of the term for the first members to be drawn by lot at the first meeting. HUMAN RESOURCES COMMITTEE On motion of Councilman Villa, seconded by Councilman Herrin and unanimously carried, Council- man Patterson was authorized to attend the League of California Cities Human Resources Committee meeting on May 13, 1970 at Sacramento, as the official representative of the City Council. LEAGUE OF CITIES COMMITTEE City Manager Carl Thornton explained that he had been invited to participate and make a presentation at the League of California Cities Committee on the Future, who will be holding a meeting in this area in the near future. COMPLAINT Jim Scheuneman, 4522 Sunswept Avenue, asked if the City enforces its laws equally for everyone. The City Manager explained that the laws are enforced on a complaint basis. The City Attorney explained that since the complaint Mr. Scheuneman was discussing is a court case, it would have to be argued in court and could not be discussed at the Council meeting. CITY COUNCIL -128- May 4, 1970 ADJOURNMENT At 11:25 P. M., there being no further business to come before the City Council, the meeting was adjourned, on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried. Florence I. Malone Clerk of the Council CITY COUNCIL ~129- May 4, 1970