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HomeMy WebLinkAbout07-20-1970MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA July 20, 1970 An Adjourned Special Meeting of the City Council of the City of Santa Aha was convened at 12:00 Noon, in the City Hall Annex, 500 West Sixth Street, proper notice and posting having been accomplished, with evidence on file in the office of the Clerk of the Council. The following Councilmen were present: Wade Herrin, J. Ogden Markel, Jerry M. Patterson, Ray villa, Harry K. Yamamoto and Mayor Lorin Griset. Councilman Vernon S. Evans was absent. Also present were City Manager Carl J. Thornton, Assistant City Manager Bruce Spragg, Assistant to the City Manager David Tayco, City Attorney William L. Mock, Assistant Clerk of the Council Maxine Vallery, James McMahon, and a representative of the Press. 1970-71 BUDGET Mayor Griset explained that the Council was meeting at this time to consider certain items in the Budget which they had not had time to consider in the previous Budget meetings. Council discussed the City newsletter. Councilman Herrin stated he was basically opposed to the newsletter in principle; he also felt it was too costly, and that if Council felt that it should be continued, he thought it could be done in a much less expensive manner by having it done by City staff. Councilmen Villa, Yamamoto, Patterson and Mayor Griset felt the newsletter was needed to disseminate information to the citizens in regard to programs that are available to them, what's happening in City government, and the citizens' rights with the City government. Councilman Markel expressed the opinion that the newsletter was a waste of public funds and he was not in favor of continuing it. Councilman Markel made a motion, seconded by Councilman Herrin, to delete the City newsletter from the Budget. The motion failed to pass, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Markel Patterson, Villa, Yamamoto, Griset Evans Council discussed briefly the operation of the Bowers Memorial MuSeum. The City Attorney's budget was then considered. The Attorney explained his budget in detail; he also explained that the amount of $4,220 budgeted for Transportation & Travel included trips that he would be making at the direction of the City Council. It was felt by the Council that if the City Attorney were directed by Council to undertake trips regarding Council business, the funds should come from the City Council's Transportation & Travel fund. CITY COUNCIL -193- July 20, 1970 It was moved by Councilman Patterson, seconded by Councilman Villa and unanimously carried, that the item of Transportation & Travel in the City Attorney's budget in the amount of $4, 220 be reduced by $2,000, this amount to be added to the City Council's Transportation & Travel fund. ADJOURNMENT At 1:45 1~.M., the Mayor declared the meeting adjourned. Maxine B. Vallery nc~i1 Assistant Clerk of the Cou CITY COUNCIL -194- July 20, 1970 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA July 20, 1970 The meeting was called to order at 2:00 P.M., in the Council Chambers of ]:he City Hall Annex, 500 West Soxth Street, with the following Councilmen ~yresent: Wade Fierrin, 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 Assistant Clerk of the Council Maxine B. Vallery. MINUTES 1970 were approved as submitted. On motion of Councilman Patterson, seconded by Councilman Villa and unanimously carried, the Minutes of the Regular Meeting of July 6, SPEC. 371-117 The City Council considered the award of PIPE AND FITTINGS contract for Spec~ 371-117, Asbestos Cement Pipe and Cast Iron Fittings for Asbestos Cement Pipe. Representatives from the Johns-Manville Company and from Certain- Teed Products, also representing Marden-Susco Company, all of whom had submitted bids on the product, requested that Council consider awarding contract to other than the low bidder on the pipe, since the low bidder had submitted its bid on foreign made pipe. Bill Sandlis, Sales Engineer for Voss International Corporation~ the low bidder, was also present and spoke on behalf of his company's bid. After discussion, on motion of Councilman Herrin, seconded by Councilman Patterson, Council ordered filed report of bids received for Schedule I~ Spec. 371-117, Asbestos Cement Pipe; awarded contract to the low bidder, Voss International Corporation; and rejected all other bids, on the following roll call vote: AYES: NOES: ABSENT: Herrin) Evans, Markel, Patterson, Villa~ Yamarhoto, Griset None None On motion of Councilman Herrin~ seconded by Councilman Yamamoto and unanimously carried~ Council ordered filed report of bids received for Schedule II, Spec. 371-117, Cast Iron Fittings for Asbestos Cement Pipe; awarded contract to the low bidder~ Parkson~ Inc.; and rejected all other bids. SPEC. 271-105 On motion of Councilman Herrin~ seconded by ASPHALTIC SLURRY SEAL Councilman Villa and unanimously carried, Council ordered filed report of bids received for Spec. 271-105, Asphaltic Slurry Seal (annual requirements); awarded contract to the low bidder, Ted R. JenkinsLand rejected all other bids. CITY COUNCIL -195- July 20~ 1970 SPEC. 371-118 On motion of Councilman Herrin, seconded by ASPHALTIC CONCRETE Councilman Evans and unanimously carried, Council ordered filed report of bids received for Spec. 371-118, Asphaltic Concrete (annual requirements); awarded contract to the low bidder, All American Asphalt; and rejected all other bids. SPEC. 641-192 On motion of Councilman Patterson, seconded LIBRARY CARPETING by Councilman Yamamoto and unanimously carried, Council ordered filed report of bids received for Spec. 641-192, Carpeting in Main Library; awarded contract to the low bidder, Apache Flooring; and rejected all other bids. S~PEC. 641-193 On motion of Councilman Villa, seconded by DEMOLITION OF BUILDINGS Councilman Patterson, Council ordered filed report of bids received for Spec. 641-193, Demolition of Old Community Club House and Shore Patrol Building at 1104 Civic Center Drive West; aflthorized execution of purchase or_der in the amount of $1, 995 to the low bidder, E.S. Russell Land Clearing; and rejected all other bids, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Markel, Patterson, Villa, Yaraamoto, Griset Evans None BID CALLS It was moved by Councilman Patterson, seconded by Councilman Villa, to approve plans and specifications and authorize advertising for bids for the following: PROJECT 7013, Constructinn of New City Hall, ope. ning September 11. PROJECT 3019, Emergency Replacement of Sanitary Sewer in Warner Avenue, Main Street to Rousselle Street, opening August 14. The motion was adopted on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Villa, Yamamoto, Griset Markel None NEW CITY HALL (Project 7013) Robert Lowrey, of Ramberg and Lowrey, the architects for the new City Hall, displayed the final building plans and model of the new City Hall to the City Council. Mr. Lowrey explained that the original square footage of 103, 927 feet had been increased to a final area of 108,523 square feet. He reported that the cost estimate has been revised from the preliminary cost estimate presented in December, 1969 of $3,728,000 to the final estimate of $4, 191, 467, an increase of approximately 12% due to the rising constructinn costs during the interim period of time. CITY COUNCIL -196- July 20, 1970 RECESS At 3:35 P.M., a five minute recess was declared. The Council reconVened at 3:43 P. M., with all Council members present. AGENDA ORDER Due to the presence of several interested persons in rhea-audience, Council took Agenda Item 49, Community Services Project, out of order and considered at this time. COMMUNITY SERVICES PROJECT Project. The City Council considered the communication dated June 26, 1970 froTM the County Probation Department regarding the Community Services Mrs. Margaret C. Grief, of the Orange County Probation Department, explained the project to the Council stating that the County has committed itself to the project for a thirty (30) month period. It was moved by Councilman Villa, seconded by Councilman Patterson~ that the City Council indicate to the County Probation Department that the City of Santa Ana is willing to be considered for location for such a project and that th~,.Council will cooperate in the project to see if it is one that makes a contribution. The motion was adopted on the following roll call vote: AYES: NOE S: ABSENT: Evans, Patterson, Villa, Yamamoto, Griset Herrin, Markel None READING WAIVED On motion of Councilman Herrin, seconded by Councilman Yamamoto and unanimously carried, the full reading of ordinances and resolutions, the titles of which appeare(t on th~ public Agenda, was waived. ORD. NS-1024 ORDINANC]~' NS--i024 AMENDING ~rI E SANTA MUSEUM BOARD ANA MUNICIPAL CODE BY REPEALING AND RE-ENACTING SECTION 2-550 ET SEQ. RELATING TO THE BOARD OF MUSEUM TRUSTEES was passed to second.re~ading, on motion c~ Councilman Herrin, seconded by Councilman Evans and unanimously carried. ORD. NS-1025 - SIGN CODE ORDINANCE NS-1025 AMENDING THE SANTA ANA MuNIcIPAL CODE BY ADDI~NG TO ARTICLE IV OF CHAPTER 41 ,THEREOF TO PROVIDE FOR REGULATION OF SIGNS WITHIN THE CITY OF SANTA ANA, was passed to second reading, on motion of Councilman Patterson, seconded by Councilman Villa. Councilman Herrin voted "No". ORD. NS-1026 - A.A. 659 ORDINANCE NS-1026 CHANGING DISTRICT PLANNING COMMISSION CLASSIFICATION ON AMENDMENT APPLICATION 65~' INITIATED BY THE PLANNING COMMISSION AND AMENDING SECTIONAL DISTRICT MAP 13-5-10 (EXHIBIT AA 659 A) (West side CITY COUNCIL -197- July 20, 1970 ORD. NS-1026- A.A. 659 (Continued) of Flower to east side of Birch, from Walnut to Camile Streets) was passed to second reading, on motion of Councilman Patterson, seconded by Councilman Yamamoto and unanimously carried. RES, 70-4~0~-~¢'TOPICS" FUNDS RESOLUTION 70-60 DECLARING THE ELECTION OF THE CITY OF SANTA ANA, CALIFORNIA TO COMBINE "TOPICS" FUNDS AI~P~LRTIONED TO THE CITY FOR THE FISCAL YEAR 1969-1970 WITH THE APPORTIONMENT FOR THE FISCAL YEAR 1970-1971 was adopted, on motion of Councilman Patterson, seconded by Councilman Evans and unanimously carried. RES. 70-61 RESOLUTION 70-61 AUTHORIZING CONDEMN- CONDEMNATION ATION OF REAL PROPERTY FOR THE WIDENING AND IMPROVEMENT OF FIRST STREET BETWEEN BAKER AND BIRCH STREETS was adopted, on motion of Councilman Patterson, seconded by Councilman Villa, on the following roll call vote: AYES: NOE S: ABSENT: Herrin, Evans, Patterson, Markel None Villa, Yamamoto, Griset RES. 70-62 - VA 70-28 RESOLUTION 70-62 AFFIRMING THE DECISION MITZEL OF THE PLANNING COMMISSION AND GRANTING A VARIANCE ON VARIANCE APPLICATION 70-28, SUBJECT TO CERTAIN APPLICABLE CONDITIONS, was adopted, on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried. RES. 70-63 - VA 70~23 RESOLUTION 70-63 AFFIRMING THE DECISION NATIONAL LAND DEVELOP- OF THE PLANNING COMMISSION AND GRANT- MENT CO. ING A VARIANCE ON VARIANCE APPLICATION 70-23, SUBJECT TO CERTAIN APPLICABLE CONDITIONS was adopted, on motion of Councilman Evans, seconded by Councilman Yamamoto and unanimously carried. RES. 70-64 - VA 70-19 RESOLUTION 70-64 OVERRULING THE FAIRVIEW PROPERTIES DECISION OF THE pLANNING COMMISSION AND DENYING A VARIANCE ON VARIANCE APPLICATION 70-19 FILED BY FAIl'VIEW PROPERTIES was adopted, on motion of Councilman Patterson, seconded by Councilman Evans, on the following roll call vote: AYES: Evans, Patterson, Villa, Griset NOES: PIerrin, Markel, Yamamoto ABSENT: None CITY COUNCIL -198- July 20, 1970 ENCROACHMENTS On motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried. Council authorized execution of agreement with Russell C. Wendell and George Davis for encroaching sign at !7.01 N, Flower. On motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried, Council authorized execution of agreement with Lee E. Struthers and Arthur E. Jensen for encroaching sign at 302 North Main Street. PIPELINE LICENSE On motion of Councilman Herrin, seconded by Councilman Villa and unanimously carried, Council approved and a~tho~"ized execution of agreement with Santa Fe Railway Company covering installation of 24-inch storm drain and 12 -inch water line across their tracks in Lincoln Avenue at its intersection with proposed Santa Ana Boulevard. RESIDENT INSPECTION _ -~ On motion of Councilman Herrin, seconded by SERVICES NEW CITY HALL Councilman Patterson, Council authorized execution of agreement with James M. Montgomery, Consulting Engineers, Incorporated, for resident inspection services for the new City Hall, on the following roll call vote: AYES: Herrin, NOES: Markel ABSENT: None Evans, Patterson, Villa, Yamamoto~ Griset CHANGE ORDER On motion of Councilman Evans, seconded by Councilman Patterson and unanimously carried, Council approved Change Order No. 4 to contract with B.H. Miller Company, Project 7008, McFadden Branch Li~b~l~ary, increasing in the amount of $940.82. TEENAGE JOBS Council considered the letter dated June 16, 1970 from Mrs. Henry Grogan, 407 N. Garnsey, regarding the matter of business licenses being required for many positions that teenagers could fill if they didn't have to pay the business license tax. Mrs. Grogan was present and stated to the Council that she was the sales representative for a factory that handles handbags, that the firm also manufactures small articles, thumb tacks on a card with little flowers attached and small night lights which the teenagers wanted to sell to their friends and neighbors, that they would not be soliciting door-to-door. ~Th~ ~i~y~ '~na~mr;~xplained that::as: lcaJg as th~ were notlso%iciting door~lo-(cia~ and,juSt~wished to 8e~llc~these small items among their friends, no license tax was required in this city. MULTIPLE UNITS The letter dated July 9, 1970 from Orange ~ BUILDING PERMITS County Apartment House Association requesting City to take into consideration the vacancy factor in the City before issuing new permits for multiple units was ordered filed, on motion of Councilman Patterson~ seconded by Councilman Villa and Unanimously carried. CITY COUNCIL -199- July 20, 1970 ELECTION CERTIFICATION The Certification from the County Clerk on the vote cast for the Santa Ana Special Municipal Election consolidated with the Primary Election of June 2, 1970 was ordered filed, on motion of Councilman Herrin, seconded by CouncLlman Patterson and unanimously carried. ORANGE COUNTY TRANSIT After discussing the report from the DISTRICT Orange County Transit Committee in relation to the proposed forrmtion of an Orange County Transit District, it was moved by Councilman Villa, seconded by Councilman Markel, that the City Council of the City of Santa Arm go on record as being in favor of and supporting the forma~i~ of an Orange County Transit District. The motion was adopted on the following roll call vote: AYES: NOES: ABSENT: Evans, Markel, Patterson, Villa, Yamamoto, Griset H e r rin None RESIGNATION Council accepted with regret the resignation HUMAN RELATIONS of Ron Karos from the Human Relations COMMISSION Commission and directed that a letter of appreciation be sent to him, on motion of Councilman I-Ierrin, seconded by Councilman Villa and unanimously carried. AGENDA ORDER On motion of Councilman Yamamoto, seconded by Councilman Patterson and unanimously carried, Council took Agenda Item 51, Zoning - On-Sale Liquor, out of order and considered at this time. ZONING, ON-SALE LIQUOR Council considered the Manager's repo~rl dated June 25, 1970 and the Planning Staff report dated June, 1970 on zoning approaches for regulating the location of on-sale liquor establishments, After discussion, it was moved by Councilman Patterson, seconded by Councilman Yamamoto, that the City Attorney be requested to draft an ordinance for first reading on Augusl 3, 1970 thai would prohibit on-sale liquor or beer establishments within 300 feet of any residentially or agriculturally zoned property within the City without a use permit. The motion was adopted on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, None None Villa, Yamamoto, Griset RECESS At 5:07 P. M., a three ~,nin~te recess was declared. The Council reconvened at 5:12 P. with all Council members present. CITY COUNCIL -200- July 20, 1970 ALCOHOLIC BEVERAGE LICENSE On motion of Councilman I-Ierrin, APPLICATIONS : seconded by Councilman Evans and unanimously carried, Council ordered filed the following Alcoholic Beverage License Applications: Maggie's Drawers, 316 N. Harbor, On Sale Beer, Person Transfer; The Local, 219 S. Bristol, New On Sale Beer; Mexico .~,.ind0 R~sta-rant, 414 N. Harbor, New On Sale Beer; Buffums,. 909 N. Main, On Sale General, Person & Premises Transfer; Chimes, 4522 Bolsa, New On Sale Beer; Lorenzo's, 2101 E. Edinger, On Sale General, Person & Premises Transfer. TI~FFIC filed on motion of Councilman Herrin, unanimously carried. The report of control devices removed or installed June 29, 1970 through July 13, 1970 was ordered seconded by Councilman Evans and CITY EMPLOYEES ASSOCIATION Council ordered filed the invitation PICNIC to the City Employees Association Annual Picnic, July 25, at Prentice Park, on motion of Councilman Herrin, seconded by Councilman Yamamoto and unanimously carried. It was stated that all of the Councilmen would attend if possible, PARCEL MAP 668 Parcel Map 668, filed by Gulf Oil Company, creating two (2) M 1 parcels on the northeast ~orr~r of Trotter Avenue and Edinger Avenue, was approved subject to conditions in Planning Director's report dated July 9, 1970, and alley re. quirement was waived, on motion of Councilman Herrin, seconded by Councilman Yamamoto and unanimously carried. PARCEL MAP 669 Parcel Map 669, filed by Bank of America N,T. & S.A. Trustee, creating two (2) M 1 parcels located on the north side of St. Gertrude Place west of Hatha~vay Street, was approved subject to conditions in Planning Director's report dated July 10, 1970, on motion of Councilman Herrin, seconded by Councilman Yamamoto and unanimously carried. STORM DRAIN PROGRAM The Manager's report on drainage in the area west of the Santa Ana River was ordered filed, on motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried. CITY COUNCIL -201- July 20, 1970 ADULT-TYPE BUSINESSES Council discussed the Attorney's report regarding adult-type businesses, which suggested that the Municipal Code be amended to require Conditional Use Permits for adult-type businesses. The City Attorney was requested to prepare a more explanatory report for Council consider- ation. ABORTION CLINIC The City Attorney explained that his opinion has not changed on the matter of the abortion clinic being operated in the City; that the matter is now being tested in the courts as to the validity of the Penal Code section, with the added factor that a three judge court has been instituted to hear whether the abortion section amendment is constitutional. He also stated that a similar statute has been made the subject of a United States Supreme Court test and suggested that ~ouncil hold the matter in abeyance until the outcome of these court tests are known. DEEDS, NO CASH The report of No-Cash Deeds accepted GRANTEE, CITY by the City Manager, pursuant to Resolution No. 69-156, from July 2 through July 15, 1970 was ordered filed, on motion of Councilman Herrin, seconded by Councilman Markel and unanimously carried. DEEDS, NO CASH On motion of Councilman Herrin~ GRANTOR, CITY seconded by Councilman Patterson and unanimously carried, Council authorized execution of the following deeds by the Mayor and Clerk: Various owners, west side of Harbor, north of Hazard, vehicular access rights. Various owners, west side of Tustin, north of Santa Clara, vehicular access rights. SURPLUS BUILDINGS After considering Surplus Property SPR 70-14 AND SPR 70-15 Report 70-14 regarding restroom at Santiago Park, 2535 North Main Street~ Council declared the building surplus and authorized demolition, on motion of Councilman Patterson,- seconded by Councilman Yamamoto and unanimously carried. After considering Surplus Property Report 70-15 regarding residence at 1411 West First Street, Council declared the building surplus and authorized demolition, on motion of Councilman Patterson, seconded by Councilman Yamamoto~ on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Villa~ Yamamoto~ Griset Markel None CITY COUNCIL -202- .luly 20 1.~7¢~, SURPLUS EQIJrPMENT & On motion of Councilman Patterson, MATERIAL seconded by Councilman Villa, Council declared surplus the ee[ui_pmerlt and material listed in the Community Center Buildings' Inventory and authorized sale at auction on July 31, 1970 at 2:30 P.M. Councilman Evans voted "No". REIMBURSEMENT On motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried, Council authorized reimbursement to Ralph D. Mitzel,for street improvements on the east side of Fairview Street, 200 to 700 feet south of First Street for pavement over-thickness on~y, in the amount of $1, 457.15. PROPOSED CITY CHARTER The City Manager reported orally ~n the AMENDMENTS proposed amendments to City Charter Sections 904_and 1005, recommended by the Personnel Board. Councilman Markel stated he would like to postpone this until Council could discuss several amendments which he had proposed. Councilman Patterson stated that the Council Charter Revision Committee had studied the Charter thoroughly several months ago and had come to the conclusion that there was no need for any major changes in the Charter and had only recommended the one amendment which was passed on the June Primary ballot; he stated that he would like to resign from the committee as of now. Councilmen Herrin and Evans concurred with Conncilman Patterson's statement. It was moved by Councilman Patterson, seconded by Councilman Villa and unanimously carried, to instruct the City Attorney to place on the November General Election Ballot proposed amendments to City Charter Sections 904 and 1005, as recommended by the Personnel Board regarding the number of Personnel Board meetings required and the residence requirements for job applicants. Councilman Patterson made a motion, seconded by CounciLman Villa, that the City Attorney be instruc~ied to place on the November General Election Ballot a proposed amendment to Charter Section 402 regarding compensation of Council membe=s, increasing Councilmen's salaries to $400 a month and increasing the Mayor's salary to $1, 000 a month. Councilmen ~a~t Markel expressed opposition to the motion. Mayor Griset stated that he could not vote in favor of increasing his ~wn salary or proposing that the electorate do it. Councilman Patterson stated that the intent of the motion was to motivate the average person to run for City Council. Councilman Patterson, with the consent of the second, Councilman Villa, reworded the motion as follows: That the City Attorney be instructed to place on the November General Election Ballot a proposed amendment to Charter Section 402 regarding compensation of Council members, increasing Councilmen's salaries to $400 a month and increasing the Mayor's salary to $1, 000 a month, with the provision that it would not become effective until such time as the present Councilmen's terms are completed. The motion was adopted on the following roll call vote: AYES: NOES: ABSENT: Patterson, Villa, Yamamoto, Griset Herrin, Evans, Markel None ~ITY COUNCIL -203- July 20, 1970 RECESS At 5:50 P.M., the meeting was recessed to 7:30 P.M., at which time it was reconvened with all Council members present. Following the Pledge of Allegiance to the Flag, the Invocation was delivered by the Reverend Gerald Bash of the First Christian Church. Due to a conflict of interest on the following Item, Councilman Evans left the Council Chambe rs. PUBLIC HEARING Hearing was opened on Amendment AMENDMENT APPLICATION 660 Application 660, filed by Henry A. and Elvira Holtz, proposing amendment of Sectional District Map 6-5-9 by prezoning from the A 1 District to the R 2 District property located at the southeast corner of Grovemont Street and Grand Avenue. The Planning Director stated that the Plarming Commission had recommended denial because the General Plan called for low density-development in this area, and they believe this to be a valid policy and have continued to uphold it in this area. Dale Heinly, 611 Civic Center Drive West, attorney representing Henry and Elvira · rloltz and on behalf of the proposed developer of the propertyj spoke in favor of the Amendment Application. He questioned that there were prior commitments in the area and stated that there has never been a defined pplicy per se in this area. Mr. Heinly explained that the units would be duplexes, to be sold, not less than 2200 square feet per unit, approximately one third area coverage of the lots, with iwo thirds open space in front and rear yards~; that he considered this to be the highest and best use of the land4 and that this would be a use that would be compatible with the General Plan. The following persons spoke in opposition to the amendment application: Jim Noye, 24~40 N. Grand, who stated this was the only area in Northeast Santa Ara where homes could be built; that 41 homes in the area would be directly affected by any development on Old Grand; that the surrounding home owners bought their homes as R 1; and that the properly was more desirable now for home development than ever before. Jerry Kratz, 1420 E. Keegan Way, who stated this was the fifth meeting the home owners have attended in the past few months protesting ~mendment applications filed by the Holtz's; that the area should remain R 1 as master planned; and that a zone change would overcrowd the schools. John Leahy, -2640 :N. Linwood, who reiterated some of the points in his letter of July 17 to the Council opposing the application. Mrs. Judith Zand~r, 2611 Linwood, who read aloud a letter dated July 16 she had filed with the Council and displayed maps showing the zoning of the surrounding area. The hearing was closed. After discussion by Council, it was moved by Councilman Patterson, seconded by Councilman Markel, to uphold the recommendation of the Planning Commission and deny Amendment Application 660. .The motion was adopted on the following roll call vote: AYES: NOES: ABSENT: Herrin, Markel, Patterson, Yamamoto, Griset Villa Evans CITY :COtJNCIL~ ,-204= July 20, 1970 Councilman Evans returned to the Council table. INTRODUCTION Eugene Judd. The City Manager introduced to the City Council and members of the audience the City's new Fire Chief, RECESS p re sent. At 8:40 P.M., a five minute recess was declared. The Council reconvened at 8:50 P.M., with all Council members 1970-71 BUDGET ORD. NS-10~-8 Hearing was opened on the proposed Budget for Santa Ana for the fiscal year 1970-71. Mrs~ Florence Leach expressed her opinion that taxes are increasing out of proportion and voiced her objection to the proposed utilities tax. Wes Vanderpol questioned the need for a new City Hall, expressed opposition to the Analysis Study for Maintenance Program for the Library, thought the Budget could be pared down to last year's amount~ and asked how the 5% utilities tax would be administered. Mr. Harper questioned the need for the utilities tax. The hearing was closed. It was moved by Councilman Patterson, seconded by Councilman Villa, to approve the Budget as amended for the fiscal year 1970-71 as presented by the City Manager and to adopt ORDINANCE NS-t023, AN ORDINANCE ADOPTING THE ANNUAL BUD- GET FOR ~THE 'FISCAI~ YEA R COMMENCING JULY 1~ 1970 AND FIXING THE~ LIMITATIONS OF EXPENDITURES-FOR THE SEVERAL FUNDS-AND THE FUNCTIONS, DEPAI~rMENTS AND ACTIVITIES CARRIED UNDER SUCH FUNDS, as an emergency ordinance. Councilman Markel stated he felt the tax rate of $1.35 was satisfactory; however, he felt the tax rate should not have been lowered every year as in the 'past, so that some of the sewer, drainage, and other, problems could have been taken care of. He also expressed his complete dissatisfaction with the manne~r in which the widening of Firs%,Street hadbeen handled. The motion to approve the Budget and adopt ORDINANCE NS-1023 as an emergency ordinance was adopted on the following roll call vote: AYES: Herrin, Evans, Patterson, Villa, Yamamolcy, Griset NOES: Markel ABSENT: None CITY COUNCIL -205- July 20, 1970 Councilman Markel then commented on the List of Unfunded Capital Needs which had been presented with the Budget. He expressed opposition to adoption of a utilities tax to provide funds for some of these unfunded projects. He also expressed his opposition tO planning on Federal funds to share the cost of some of the unfunded projects (drainage) and stated that at a recent conference he had attended in Denver, a statement had been made by the First Secretary of the HUD program that the Federal government is about 20 to 22 months behind in financing these programs. It was,moved by Councilman Patterson, seconded by Councilman Villa, that the City Attorney and City Manager be instructed to prepare for first reading on August 3rd a Utility Users Tax Ordinance to levy a tax of 5% upon all retail users of electric, telephone, gas, and water utilities within the City of Santa Aha, said ordinance to become effective 60 days after final adoption. The motion was adopted on the following roll call vote: AYES: Patterson, Villa, Yamamoto, Griset NOES: Herrin, Evans, Markel ABSENT: None On motion of Councilman Patterson, seconded by Councilman Evans, the City Attorney and City Manager were instructed to prepare for first reading on August 17th the ordinance required annually to establish the property tax rate of $1.35 for the fiscal year 1970-71, on the following roll call vote: AYES: Herrin, Evans, Patterson, NOES: ~/Iarkel ABSENT: None Villa, Yamamoto, Griset RECESS present. At 9:45 P.M., a five minute recess was declared. The Council recohPened at 9:50~P. M. ~ ~viih all Council mexnbers BILLIARD PARLORS Council considered the request of Howard AND BOWLING ALLEYS Joseph Wood, owner of Woody's Family Billiards, 3~9 West 5th Street, that the Municipal Code be amended to allow minors to enter and play billiards and other amusement games located Within a family billiards parlor that serves beer which had been referred to the City Attorney on June 1 for recommendation. The City Attorney stated he could made no recommendation at this time because he had not had an opportunity to confer wi'th Mr. Wood. Mr. Wood was present and stated the Municipal Code allows minors to enter bowling alleys thai serve liquor if they are accompanied by an adult but does not allow minors to ente_r billiard parlors that serves beer; and he felt the ordinance was unconstitutional. He explained that there was no legislation in the Code whatsoever in regard to bowling alleys on this subject. Tom Eldridge, a teenager spoke, stating that every city was looking out for the welfare of minors and he felt that billiard parlors were good places for young people to go to have fun. CITT COUNCIL -206- July 20, 1970 BILLIARD PARLORS AND BOWLING ALLEYS (Continued) The Mayor explained that the City Attorney was to bring back a recommendation after consulting with Mr. Wood. Councilman Herrin stated his opinion that bowling alleys and billiard parlors should be treated equally. Mayor Griset stated he was not in favor of having more lenient rules concerning alcoholic beverages and their exposure to children. Councilman Patterson felt that the two businesses should be treated equally. The City Attorney was directed to come back with a recommendation and to advise Mr. Wood of _the time it would be presented to Council. Councilman Villa made a motion, seconded by Councilman Patterson, to rescind Municipal Code Section 29-9 which prohibits minors from entering a billiards parlor where alcoholic beverages are served~ which motion failed adoption on the following roll call vote: AYES: NOES: ABSENT: Villa Herrin, Evans, Markel, Patterson, Yamamoto, Griset None Councilman Herrin re, quested more information from the City Attorney regarding some of the areas where the State may preempt the City. STREET CLOSING On motion of Councilman Herrin, seconded by Councilman Villa and unanimously carried, Council granted the request from Our Lady of Pillar Parish for closing of the 1600 block of West Sixth Street on July 31, August 1 and/kugust 2, 1970 from 6:30 P.M., to 11:00 P. M., during their annual Fiesta. ADJOURNMENT adjourned. At 10:20 P.M., there being no further business to come before the City Council, the Mayor declared the meeting Maxine B. Vallery Assistant Clerk of the Council CITY COUNCIL -207- ~ul~20, 1970