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HomeMy WebLinkAbout08-03-1970MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA August 3, 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 Ir Malene. MINUTES On motion of Councilman Patterson, seconded by Councilman Villa and unanimously carried, the Minutes of the Special Meeting of July 13, 1970, Adjourned Special Meetings of July 16, 1970, July 20, 1970, and the Regular Meeting of July 20, 1970 were approved as submitted. EXECUTIVE SESSION At 2:05 P M., the City Council adjourned to Executive Session for approximately one-half hour to consider appointments to the Human Relations Commission and the Library Board. The Council reconvened at 3:05 P.M. with the exception of Councilman Patterson. HUMAN RELATIONS COMMISSION On motion of Councilman Herrin, seconded by Councilman Villa and unanimously carried, Mr. John W Black, 2633 Jessee Drive, was appointed to the Human Relations Commission to fill the unexpired term of Mr. Ron Karos who had resigned. The term of office will commence immediately and expire on June 30, 1972. LIBRARY BOARD On motion of Councilman Herrin, seconded APPOINTMENT by Councilman Villa ~d unanimously carried, Mr. Alexander Jo Miller, 2301 North Flower Street was appoinied to the Library Board to fill the unexpired term of Dr. Oliver Lawson who had resigned. The term of office will commence immediately and expire on June 30, 1972. The letter of resignation from Dr~ Oliver Co Lawson from the Library Board, effective August l, 1970, was accepted with regret on motion of Councilman Markel, seconded by Councilman Herrin and unanimously carried. Mayor Griset was req.tested to forward a letter of appreciation for his services to Dr. Lawson. Councilman Patterson returned to the Council Table. PROJECT 3009 - SANITARY On motion of Councilman Herrin, seconded SEWER by Councilman Evans and unanimously carried, Council ordered filed report of bids received for Project 3009, Construction of Sanitary Sewer in Valencia Street, Seventeenth Street to Virginia Avenue and in Virginia Avenue from Valencia Street to Santiago Street; awarded contract to the low bidder, Robert Lee Farmer; and rejected all other bids. CITY COUNCIL -208- August 3, 1970 PROJECT 6033 - COUGAR CAGE, On motion of Councilman Herrin, seconded CONCESSION STAND by Councilman Evans and unanimously carried, all bids were rejected for Project 6033, Construct a Cougar Cage in Prentice Park and Concession Stand in Municipal Stadium. The City Manager stated that all the bids had been much higher than anticipated. Councilman Markel suggested that the design of the Cougar Cage at Brookfield Zoo in Chicago might be used as a model for the City's specifications. PROJECT 2021, CONSTRUCT On motion of Councilman Patterson, seconded VARIOUS STREETS by Councilman Villa and unanimously carried, Council ordered filed report of bids received for Project 2021, Construct Various Streets; awarded contract to Silveri and Ruiz Construction Company, the low bidder; and rejected all other bids. PROJECT 4007A - CONSTRUCT On motion of Councilman Herrin, seconded by C-5-F STORM DRAIN Councilman Patterson and unanimously carried, Council ordered filed reports of bids received for Project 4007A, Construct C-5-F Storm Drain in Harbor Boulevard from C-5-F Channel to 400 feet north and to include La Bolsa Park lateral; awarded contract to Diversified Contractors, the low bidder; and rejected all other bids. BID CALLS On motion of Comxcilinan Herrin, seconded by Councilman Evans and unanimously carried, Council approved plans and specifications and authorized advertising for bids for the following: Spec. 641-194 - Fire Alarm Cable~ opening August 25. Spec. 641-195 - Three Trucksters, with pickup beds, opening August 20. Spec. 641-196 - l~100 Bushels of Santa Ana Hybrid Bermuda Stolens, opening August 2'9. Project 6018(a), - Construction of Sanitary Sewer for Santa Anita Park, opening ~:~ust 28. READING WAIVED On motion of Councilman I-Ierrin, 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-1024 ORDINANCE NS-1024 AMENDING THE SANTA MUSEUM BOARD ANA I:_UNICIPAL CODE BY REPEALING AND RE-ENACTING SECTION 2-550 ET SEQ. RELATING TO THE BOARD OF MUSEUM TRUSTEES, was adopted, on motion of Councilman Patterson~ seconded by Yamamoto, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, None None Griset CITY COUNCIL -209- August 3, 1970 ORD. NS-1025 - SIGN CODE ORDINANCE NS-1025 AMENDING THE SANTA ANA MUNICIPAL CODE BY ADDING TO ARTICLE 4 OF CHAPTER 41 THEREOF TO PROVIDE FOR REGULATION OF SIGNS WITHIN THE CITY OF SANTA ANA, was adopted, on motion of Councilman Patterson, seconded by Councilman Evans, on the following roll call vote: AYES: NOES: ABSENT: Evans, Markel, Patterson, Villa, Yamamoto, Griset Herrin None ORD. NS-1026 - A.A. 659 ORDINANCE NS-1026 CHANGING DISTRICT PLANNING COMMISSION CLASSIFICATION ON AMENDMENT APPLICATION 659 INITIATED BY THE PLANNING COMMISSION AND AMENDING SECTIONAL DISTRICT MAP 13-5-10 (EXHIBIT AA 659-A) (west side of Flower to east side of Birch, from Walnut to Camile) was adopted, on motion of Councilman Patterson, seconded by Councilman Herrin, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Market, None None Patterson, Villa,Yamamoto, Griset ORD. NS-1028 ORDINANCE NS-1028 OF THE CITY COUNCIL SPECIAL ELECTION 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 NOVEMBER 3, 1970, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY CHARTER AMENDMENTS RELATING TO MEETINGS OF THE PERSONNEL BOARD, PRE-REQUISITES TO APPLICATION FOR EMPLOYMENT WITH THE CITY OF SANTA ANA, AND COMPENSATION FOR CITY COUNCILMEN AND FOR THE MAYOR, AND CONSOLIDATING SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON SAID DATE was passed to second reading, on motion of Councilman Patterson, seconded by Councilman Villa, on the following roll call vote: AYES: Patterson, Villa, Yamamoto, Griset NOES: Herrin, Evans, Markel ABSENT: None Preceding the motion, the Council discussed the proposed Charter Amendments. Councilman Markel stated that in his opinion the Charter was in need of some revisions; that on several occasions he had asked the Council Chai~ter Committee for consideration in submitting some propositions; that a citizens' committee should have been appointed to evaluate and suggest revisions to the Charter that would benefit the City; and that he was not in favor of the proposed Charter Amendmen set forth in Ordinance NS-1028. Councilman Markel's motion to continue the matter to the next meeting died for lack of a second. CITY COUNCIL -210 - August 3, 1970 ORD. NS-1028 SPECIAL ELECTION (continued) Councilman Herrin stated that he was opposed to the additional compensation for the Council; that it was a matter of principle; that he did not think any legislative body should implement action to increase its compensation; that the proposition would be "difficult to sell to the electorate"; that he would support an increased remuneration for the Mayor i.n view of the amount of time he must devote to City affairs; but that he did not believe the proposed increases were realistic or that they would be passed by the electorate; and that the Council should have more discussion on the matter in order to "come to something more acceptable". Councilman Patterson stated that '_~e, too, did not believe the proposition would pass in its present form at that rate ($400 for Councilr~_ar~, $1, 000 for Mayor) but that the present remuneration ($125 for Council, $200 for Mayor) is totally unrealistic inasmuch as the Council devotes anywhere from 20-40 hours per week to City affairs for $125 per month and that the public needs to be made aware of this; that this situation makes it difficult for anyone other than the retired or independently wealthy to serve on the Council; that the position of City Councilman should be made available to everyone who has ability, interest and desire to serve the community; that Santa Ana is a big City and a big business; and that he would be willing to compromise on the proposed amounts of increase for Council and Mayor. Councilman Villa stated that $1, 000 a month for the Mayor was not enough; that perhaps the electorate should be given the opportunity to vote on whether or not they wished to elect a Mayor. Mayor Griset stated that possibly a fair proposal for Council and Mayor salaries would be the one that is now applicable, under state law, to General Law City councils, in ~'hich remuneration is based on the City's population. Councilman Patterson stated that the state law provided the same amoant for Councilmen and Mayor which would not meet the need as far as the Mayor's office ~vas concerned. Councilman Evans stated that in his opinion the council salary should not be more than $200 per month and the Mayor's~ not more than $400; and that he was not really in favor of an increase, although he saw the need, especially in the Mayor's case. The proposed Charter amendments set forth in Ordinance 1028 were considered separately by the Council as follows: On motion of Councilman Patterson, seconded by Councilman Villa, the proposal to increase Councilmen and the Mayor's salaries to $400 and $800, respectively was approved on the following roll call vote: AYES: NOES: ABSENT: Patterson, Villa, Yamamoto, Griset Herrin, Evans, Markel None On motion of Councilman Patterson,. seconded by Councilman Evans, the proposals to reduce the number of JPersonnel Board meetings and to allow the City Manager to waive residence requirements were .a 3?roved on the following roll call vote: AYES: NO~: ABSENT: Herrin, Evans, Patterson, Villa, Yamamoto, Griset Markel None CITY COUNCIL -211- August 3, 1970 ORD. NS-1029 ORDINANCE NS-1029 PROVIDING FOR UTILITY USER TAX UTILITY USER TAX UPON THE USE OF ELECTRICITY, GAS, TELEPHONE, AND WATER FACILITIES AND SERVICES was passed to second reading~ on motion of Councilman Patterson, seconded by Councilman Villa, on the following roll call vote: AYES: Herrin, Patterson, N~ES: Evans, Markel ABSENT: None Villa, Yamamoto, Griset Preceding the motion, the following persons spoke in opposition to the Ordinance: Robert Fair, Representative Orange County Apartment House A s sociation. Mr. Harper, Representative Diamond Park Water Company. Mrs. Florence Leach, 2025 West Tenth Street. RECESS At 4:20 P. M., a five-minute recess was declared. The Council reconvened at 4:30 P. M., with all Council members present. ORD. NS-t030 ORDINANCE NS-1030 REPEALING SECTIONS FLY ABATEMENT 18-179 THROUGH 1.8-28_6 OF THE SANTA ANA MUNICIPAL CODE AND ADDING SECTIONS 18-279 THROUGH 18-287 DESIGNATING THE HEALTH OFFICER OF THE COUNTY OF ORANGE AND THE FLY ABATEMENT BOARD OF THE COUNTY OF ORANGE AS THE ENFORCEMENT OFFICER AND THE HEARING BOARD RESPECTIVELY IN FLY ABATEMENT PROCEEDINGS WITHIN THE CITY OF SANTA ANA was passed to second ~eading, on motion of Councilman Patterson, seconded by Councilman Yamamoto and unanimously carried. ORD. NS-1032 Ordinance NS-1032.REGULATING COMMERCIAL MANURE DEALERS MANURE DEALERS AND REQUIRING THEIR REGISTRATION was passed to second reading after having been read by title only, on motion of Councilman Patterson, seconded by Councilman Yamamoto and unanimously carried. RES. 70-65 RESOLUTION 70-65 ACCOMPANYING FLOOD RELIEF APPLICATION FOR STATE AID UNDER THE EMERGENCY FLOOD RELIEF LAW SECTIONS 54150-54164 OF THE GOVERNMENT CODE was adopted on motion of Councilman Evans, seconded by Councilman Yamamoto and unanimously carried. CITY COUNCIL -212- August 3, 1970 RES. 70-66 RESOLUTION 70-66 APPROVING A CIVIL CIVIL DEFENSE DEFENSE AND DISASTER PLAN FOR THE CITY OF SANTA ANA was adopted on motion by Councilman Yamamoto, seconded by Councilman Patterson and unanimously carried. RES. 70-69 RESOLUTION 70-69 DECLARING THE SPECIAL ELECTION RESULTS RESULT OF THE CANVASS OF ELECTION RETURNS OF THE SPECIAL MUNICIPAL ELECTION HELD IN THE CITY OF SANTA ANA, CALIFORNIA, ON JUNE 2, 1970, was adopted on motion of Councilman Herrin, seconded by Councilman Markel and unanimously carried. RES. 70-70 RESOLUTION 70-70 OF THE CITY COUNCIL SPECIAL ELECTION O¥ THE CITY OF SANTA ANA, CALIFORNIA, CONSOLIDATION REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION OF THE CITY OF SANTA ANA TO BE HELD ON NOVEMBER 3, 1970, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 3, 1970 PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE, was adopted on motion of Councilman Markel, seconded by Councilman Patterson and unanimously carried. RES. 70-71 RESOLUTION 70-71 AUTHORIZING CONDEMNATIONi CONDEMNATION OF REAL PROPERTY 1~ R THE WIDENING AND IMPROVEMENT OF FIRST STREET BETWEEN BAKER AND BIRCH STREETS was adopted on motion of Councilman Herrin, seconded by Councilman Villa, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Villa, Yamamoto, Griset 1Vzarkel None RES. 70-71 ADDENDUM CONDEMNATION vote: RESOLUTION 70-71 ADDENDUM was adopted on motion of Councilman Herrin, seconded by Councilman Villa~ on the following roll call AYES: NCE$: ABSENT: Herrin, Evans, Patterson, Villa.~ Yamamoto, Griset Markel None RESOLUTION 70-61 RESOLUTION 70-61 ADDENDUM was adopted ADDENDUM CONDEMNATION after having been read by title only, on motion of Councilman Herrin, seconded by Councilman Villa, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Villa~ Yamamoto, Markel None Griset CITY COUNCIL -213- August 3, 1970 RES. 70-72 RESOLUTION 70-72 APPROVING MAP STREET VACATION AND DECLARING INTENTION TO VACATE SHERWOOD STREET AT MAPLE STREET AND GIVING NOTICE OF HEARING THEREON was adopted on motion of Council- man Patterson, seconded by Councilman Villa and unanimously carried. RES. 70-73 RESOLUTION 70-73 APPROVING MAP AND STREET VACATION DECLARING INTENTION TO VACATE A PORTION OF PULLMAN STREET BETWEEN DEERE AVENUE AND GARRY STREET AND GIVING NOTICE OF HEARING THEREON was adopted on motion of Councilman Herrin, seconded by Councilman Yamamoto and unanimously carried. AGREEMENT An agreement with Pacific Telephone Company PACIFIC TELEPHONE COMPANY for removal and relocation of communication facilities, necessitated by construction of the new City Hall, was approved and execution by the Mayor and Clerk Of the Council was authorized, 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 CHANGE ORDER On motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried, Council approved Change Order No. 5 to contract with B.H. Miller Company, Project 7008, McFadden Branch Library, increasing in the amount of $809.56. STREET IMPROVEMENTS POLICY Council considered a proposed policy for street improvements under the Improvement Act of 191L recommended by the Administration in a report dated July 30. Following discussion, it was moved by Councilman Patterson, seconded by Councilman Markel and unanimously carried to adopt the report of the administration regarding street improvements as Council' s position with respect to the City at large. STREET IMPROVEMENT Mr. Martin Scott, Scott and Company~ Inc., REQUEST ASSESSMENT 4615 Gorham Drive, Corona, spoke in regard DISTRICT to his written request, dated July 20, for Council initiation of 1911 Improvement Act proceedings to improve the remaining portions of the north side of Edgewood Road from Main Street east to Spurgeon Street with curbs~ gutters, paving, sidewalks~ and driveways. The matter was referred to staff for recommendation on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried. SPECIAL COMMITTEE Councilmen Patterson and Evans were appointed CITY AND SCHOOL DISTRICT as Council Representative and Alternate Representative, respectively, to the Special Committee to plan the coordinated use of joint facilities between the City and the School District, on motion of Councilman Herrin~ seconded by Councilman Yamamoto and unanimously carried. It was requested that Nol;~ce:s ~of Meetings and Minutes be forwarded to both Councilmen Patterson and Evans. CITY COUNCIL -214- August 3, 1970 LAFER CRITIQUE Copies of the Lafer Critique, a review of the GENERAL PLAN General Plan were given to the Council. Recommended dates for an oral presentation by Mr. Lafer to a joint meeting of the Council and Planning Commission will be presented by the Planning Director at the August 17 Council meeting. SOLICITATION APPLICATIONS The following Solicitation Applicatimns were unanimously approved on motion of Council- man Herrin, seconded by Councilman Evans: Lions Club~ Annual White Cane sale, September il, 1970; Leukemia Society of America., Inc., door-to-door, mail, coin containers, personal business contacts, September 26 through October 5, 1970; Gospel Light Church, door-to-door~ August 11 - OctQber 9, 1970. ALCOHOLIC BEVERAGE The following Alcoholic Beverage License LICENSE APPLICATIONS Applications were ordered received and filed, on motion of Councilman Herrin, seconded by CounciLman Yamamoto and unanimously carried: Drug Circus, 301 W. 4th, Off Sale Beer & Wine, Person Transfer; Hidalgo Pool, 1808 W. 4th, On Sale Beer, Person Transfer; Sav-On Drugs, 1750 N. Grand, New Off Sale Beer & Wine. The City Attorney was directed to file protests with the Alcoholic Beverage Control Board on the following Alcoholic Beverage License Applications, on motion of Council- man Herrin~ seconded by Councilman Yamamoto, with Councilman Patterson dissenting: Flamingo, 3622 W. 5th, On Sale Beer~ Person Transfer; Porn Porn Club #2, 4522 Bolsa, New On Sale Beer. Councilman Patterson stated that in the future, his vote regarding the recommendation of filing protests to Alcholic Beverage Control Applications would b e "No" unless the administration provides a statement concerning the reasons for such recommendation. VARIANCE 70-33 The Council adopted the findings of fact, SANTIAGO DEVELOPMENT conclusion and decision of the Planning COMPANY Commission to approve the application as the action of the City Council on Variance 70-33, filed by Santiago Development Company, to permit less than four-acre parcels in the C 4 District at 3650 South Main Street, on motion of Councilman Patterson, seconded by Councilman Evans and unanimously carried. TRAFFIC The report of control devices removed or installed July 10, 1970 through July 27, 1970 was ordered filed on motion of Councilman I-Ierrin, seconded by Councilman Markel and unanimously carried. CITY COUNCIL -215- August 3, 1970 MINOR EXCEPTIONS Report of the actium taken by the Zoning EX 70-4, EX 70-5 Administrator on the following Minor Exception was ordered received and filed on motion of Councilman Herrin, se~conded by Councilman Patterson, an~d unanimously carried: EX 70-4, REICH -to construct family room between existing house and garage, leaving a 9'2" rear yard at 2315 N. Pacific, in the R 1 District - APPROVED; Report of the action taken by the Zoning Administrator on the following Minor Exception was ordered received and filed 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 EX 70-5, ELGIE - to construct aa 10' high fence along rear property line on an R 1 lot at 1805 N. Louise - APPROVED. RENT SUPPLEMENT A written request, dated July 22, 1970, SOUTHWEST SANTA ANA filed by Mr. Charles W. Fant, Consultant, HOUSING MANAGEMENT CORP. representing the Southwest Santa Aha Housing Management Corporation, 418 South Bristol Street, for Council approval to construct 16 units at 1128 West Highland Street subject to approval by FHA and/or HUD under 221-D-3 low-income rent supplement program was granted, subject to all applicable provisions of the Municipal Code, on motion of Councilman Villa, seconded by Councilman Patterson on the following roll call vote: AYES: NOES: ABSENT: Evans, Patterson, Herrin, Markel None Villa, Yamamoto, Griset RECESS At 5:15 P.M., a five-minute recess was declared. The Council recoxeened at 5:20 P. M., with all Council members present. RENT SUPPLEMENT SOUTHWEST SANTA ANA HOUSING MANAGEMENT CORPORATION (Continued) Mr. Charles W. Fant displayed the plans for the development at the request of Councilman Evans. He stated that the dorparation i~s composed of three directors who are long-time Santa Aha residents; that it was formed to try to create some housing in the southwest area; that the proposed construction had already been approved by FHA. Mrs. Janice Boer, 912 N. Lowell Street, requested the names of the corporate directors and was asked by the Mayor to confer privately with Mr. Fant. / CITY COUNCIL -216 - August 3, 1970 PUBLIC PROPERTY USE An Application to Use public property BLOCK PARTY filed by Brother John Blazo, 2402 South Maple Street~ for a block party on South Maple Street between Warner and Central Avenues, on August 7, 1970, 3:00 P. M., to lh00 P. M., was approved on motion of Councilman l~arkel, seconded by Councilman Villa, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Markel, Patterson, Evans, Yamamoto, Griset None Villa Brother John Blazo described plans for the party preceding the Council action. The City Manager stated that there was no objection to the request other than the general objection that it was contrary to previous City policy. Mayor Griset noted that exceptions had been made where requests had been received from certain organizations, but that, in his opinion, it was a poor policy to "just open the door to this kind of request". Councilman Herrin suggested the possibility of using several of the home-owners' front lawns for the block party. Councilman Patterson stated that since it did not block a main thoroughfare or create a public health or safety hazard, he had no objections to granting the request; that he would prefer to have a definite policy adopted concerning the factors which would govern granting and disallowing future requests; and that perhaps an ordinance could be drawn delegating such authority to the City Manager with a provision for appeal to the Council. A motion by Council Villa to defer Agenda items 47 through 55 to the evening session and proceed to Oral Communications~ due to the lateness of the hour, died for lack of a second. PARCEL MAP 667 Parcel Map 667, filed by Santiago Development Company, creating two C 4 parcels adjacent to the southwest corner of MacArthur Boulevard and Main Street, was approved subject to conditions in Planning Director's report dated July 21, 1970, and alley requirement was waived, on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried. PARCEL MAP 670 Parcel Map 670, filed by Federated Department Stores, creating two C-2 parcels on the west side of Main Street, south of the Garden Grove Freeway, was continued to the Council meeting of August 17, 1970, on motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried. PARCEL MAP 671 Parcel Map 671~ filed by Macco Construction Corporation~ Commercial and Industrial, creating two M-1 parcels on the southwest corner of McFadden and Village Way~ was approved subject to conditions in Planning Director's report dated July 24, 1970 and alley requirement was waived, on motion of Council- man Herrin, seconded by Councilman Patterson with Councilman Markel dissenting. CITY COUNCIL -217- August 3, 1970 SURPLUS BUILDING Surplus Property Report 70-16 was considered SPR 70-16 by the Council. It was moved by Councilman Herrin, seconded by Councilman Yamamoto to declare the single-family residence at 1707 West First Street surplus and to authorize its demolition, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Villa, Yamamoto, Griset Markel None DEEDS, NO CASH Council ordered filed the report of No-Cash GRANTEE, CITY Deeds accepted by the City Manager, pursuant to Resolution 69-156, from July 16 through July 29, 1970, on motion of Councilman Herrin, seconded by Council- man Patterson and unanimously carried. DEEDS, NO CASH Execution by the Mayor and Clerk of the GRANTOR, CITY Council of the following deeds was authorized on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried: Various owners~ north side of MacArthur, east of Bristol, vehicular access rights. Various owners, north side of Edinger, east side of Ritchey, vehicular access rights. DEEDS WITH CASH On motion of Councilman Herrin, GRANTEE, CITY seconded by Councilman Patterson and carried) W!ith Cot~nc~ilman,Markel voting "No", execution by the Mayor of the following escrows was authorized: Hunter, north side of First, west of Olive, street purposes. Hunter, north side of First, west of Olive, temporary ingress, egress easement. On motion of Councilman Markel, seconded by Councilman Herrin and unanimously carried, execution by the Mayor of the following escrow was authorized: Hernandez, south of First, west of Gunther, sewer purposes. SURPLUS LAND The Council considered Surplus Property SPR 70-17 Report 70-17~ regarding a 4,250 square foot parcel at 1017 West First Street. It was moved by Councilman Herrin, seconded by Councilman Patterson, to declare the land surplus; of nuisance value to other than the adjacent owner because of si,ze and shape; and to authorize negotiated sale, on the following roll call vote: AYES: Herrin, Evans, NOES: Markel ABSENT: None Patterson, Villa, Yamamoto, Griset CITY COUNCIL -218 - August 3, 1970 DEEDS WITH CASH It was moved by Councilman Herrin~ GRANTOR, CITY seconded by Councilman Patterson to approve the following deed; authorize its execution by the Mayor and Clerk; and to authorize execution of the escrow by the Mayor, on the following roll call vote: AYES: Herrin~ Evans, Patterson, Villa, Yamamoto~ Griset NOES: Marke] ABSENT: None Hunter, north side of First, west of Olive, sale of surplus property (SPR 70-17). MINI-BIKES Councilman Markel stated that Mrs. August Harms had telephoned him concerning an alley adjacent to the rear of her property being used by young people on mini-bikes; that he had asked her to present her complaint to the Council today. Mrs. August l-Iarms. 806 Orange, stated that there is an alley on Bishop between Sycamore and Orange, in back of her home~ which is an ideal place for youngsters to ride their mini-bikes; that this use has created a noise and dust problem; that she is not opposed to youth, but that some place should be provided for mini-bikes that would not disturb other people; that the police department had informed her that the alley was private prope~ty and therefore, they had no jurisdiction over it and it was suggested that she communicate with her councilman regarding the matte r. Councilme,~ Yamamoto and Marke] both stated they believed a place should be provided for youngsters to ride their mini-bikes It was moved by Councilman Herrin~ seconded by Councilman Yamamoto and unanimously carried, to refer the matter to staff for a report and recommendation to the Council. REIMBURSEMENTS On motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried, Council authorized the fo]lowing reimbursements for street improvements: ITT Caz,~,~,on Electric for street improveme, nts on north side of Alton at northeast corner of Alton and Halladay~ in the amount of $9,117.3 ~, Borg-Warner Controls for street improvements on south side of Alton from Standard to 850 feet west of Standard~ in the amount of $]5,395.08. CITY COUNCIL -219- August 3~ 1970 LIBRARY BOARD A written communication dated July 27, 1970, SANTIAGO LIBRARY SYSTEM from Dr. Oliver Lawson, on behalf of the Library Board of Trustees, recommending that the Santa Aha Public Library join the Santiago Library System was considered by the Council. It was moved by Councilman Markel, seconded by Councilman Yamamoto to approve the recommendation, on the following roll call vote: AYES: NOES: ABSENT: Evans., Markel, Patterson, Villa, Yamamoto, Griset Herrin None Councilman Herrin stated that his "No" vote was predicated on the statement in the communication that approval of the recommendation would make the City Library eligible for federal funds under the Library Services and Construction Act, Title II. "DELHI INCIDENT" the 'Delhi Park. Councilman Villa stated thai he had invited Mrs. Connie Rios to the Council meeting to relate an incident which had transpired at Mrs. Connie Rios, 2411 S. Halladay Street, stated that about a week ago a group of boys under her leadership, had borrowed baseball bases from the Delhi Park Recreation personnel in order to have a game at the nearby school field in view of the fact that the baseball diamond at the park was not ready for use at that time; that when one,o~,the boys returned the bases, a dispute insued between him and the Recreation Leader on duty; that Mrs. Rios had arrived to see the leader strike the boy with a "long stick", causing it to break; that he pushed her back, her glasses fell and she started crying. Mrs. Rios continued, stating that the Recreation Leader then left, irfforming them ~ that she was goingto call the police; that instead she called two Recreation Leaders from another park; that she then came back and said, "You damn Mexicans; I'm sick and tired of all of you. Next time you come to the park, you won't use any other equipment". In response to Mayor Griset's questions, Mrs. Rios stated that this Recreation Leader was no longer working at the park. Mrs. Rios stated that "we" have been talking with Mr. Laumeister regarding hiring someone who could u;~derstand "our" kids and would supervise the park without running them out of ii; that she had been involved in another incident with two of the lifeguards at the park and two other boys from the community; and that "we" would like different people than "we" have there now. She further stated thai she had offered her services to the Recreation Department on three occasions; that she understands and knows all of the kids; and that "if you don't understand them, you can really run into a lot of problems". Mrs. Rios then described an incident at the swimming pool, where two boys who had been asked to leave the pool had returned with a BB gun and had started shooting at the lifeguard who had requested them to leave. She said that the boys had been questioned by the police but that no one had listened to the boys' side of the story and that the police officers had been "very negative" and "very rude". She stated that CITY COUNCIL -220- August 3, 1970 "DELHI INCIDENT" (Continued) in the incident involving the Recreation Leader, City officials had been anxious to hear both sides of the story but in the incident involving the lifeguards, only the lifeguards' reports were considered without hearing the boys' version of the incident; and that it is important to always hear both sides of the story. Mayor Griset stated that the City is vitally concerned that things are properly done at the park; and that obviously there are problems involving personalities. Mr. Richard Reyes stated that lighting for Delhi Park had been promised by the middle of July and asked when it would be installed. Mayor Griset asked the staff to report on this. Mrs. Rios stated that there had been delays in the park development. Councilman Patterson requested that Mr. and Mrs. Rios prepare a list of the promises and commitments that have been made regarding park development; that a copy be filed with Mr. Robert Portillo, Community Relations officer, and with the Clerk of the Council for inclusion on the next Agenda, August 17; and that the staff provide a report for the Council regarding the items listed. Mr. Andrias Zuniga, from the Delhi Community, described an incident in which he had taken a group of approximately 40 boys on a tour of the police station with the permission of Police Chief Allen. He stated that as soon as they entered the door, on of the policemen had remarked, "W.~ the hell are you guys doing in here?" "Come here you so and so~s''. He identified the officer responsible for these remarks as the sergeant seated in the rear of the Council Chambers. The City Manager stated that this was a direct accusation and insisted that both men be given lie detector tests. RECESS At 6:35 P.M., the meeting was recessed to 7:30 P. M., at which time it was reconvened with the same Council members present. Following the Pledge of Allegiance to the Flag, the Invocatinn was delivered by Reverend Leslie F. Zimmerman of Goodwill Industries. BOWERS MUSEUM Mr. William Lowe, President of the Bowers Museum BUILDING ADDITION Foundation Board and ]3ob ~avage,' ~Arch~tect~ ,~resente Architect's drawings for the proposed addition to the Bowers Museum to be constructed on the museum parking lot. He stated that when the structure is completed it will be deeded to the City; that it would be the responsibility of the City to maintain and staff it; and that the Foundation Board is ready to proceed once the Council has approved the plans. CITY COUNCIL -221- August 3, 1970 BOWERS MUSEUM BUILDING ADDITION (Continued) It was moved by Councilman Patterson, seconded by Councilman Yamamoto and unanimously carried, to approve the plans as presented. HUMAN RELATIONS COMMISSION Mayor Griset introduced the new appointee APPOINTMENT to the Human Relations Commission, Mr. John W. Black and the oath of office was administered to him by the Clerk of the Council. PUBLIC HEARING APPEAL The public hearing on Appeal No. 240, 240-VA70-32 JAMES L. BAKER filed by James L. Baker, appealing Zoning Administrator's denial of his Variance Application 70-32, to obtain approval of an existing room addition that encroaches to within $ feet of the rear ~ard in the R i District at 3614 South Olive Street, was opened by the Maydr, The Planning Director stated that the Variance request was filed to obtain approval of a room addition which had been built illegally by the prior owner of the property under contract with a local builder; and that the contractor had obtained a permit for a patio addition only but had built a room complete with fireplace. He further stated that the Planning Commission had not affirmed the decision of the Zoning Administrator because of insufficient evidence to warrant the decision; that the Council is the only authority who can grant relief; and that if the administrator's decision is upheld, it will necessitate taking down the room addition. Proponents: Mr. Jim Baker, 3614 S, Olive, presented a signed statement from neighbors in favor of the addition. Councilman Herrin moved that it be received and filed, seconded by CounciIman Evans and unanimously carried. Mr. Baker also passed among the Council a copy of the contract for the construction of the room addition which indicated it was to be a rumpus room and the contractor was responsible for obtaining all permits. Mr. C.J. Lanz, 3?]7 South Ramona Drive stated he was in favor of granting the Variance request. Mr. Sal Cully, 3701 S. Olive, stated he was a former president of the Homeowners Association in that tract; that Mr. Baker had bought the house without knowledge of the illegal addition; and that he would not like to see the addition torn down. He also stated that he would like to see the Council take some action against contractor to prevent recurrence of the situation. CITY COUNCIL -222 - August 3, 1970 Proponents: (Continued) Mr. Lewis Lubbock, 3618 S. Olive, stated that he lived next door to Mr. Baker and that he would not like to see the addition torn down because of a technicality. Opponents: Mr. Ed Fulton, 3617 S. Ramona Drive, stated that he lived immediately behind Mr. Baker; that the room had been completed a month before Mr. Baker bought the house; that from his point of view, it is an eye-sore; that the noise from the room had made it impossible for him to use his own back bedroom and had caused him to lose a potential buyer for his property; and that the room has devaluated his property. He stated further that the fireplace chimney is very low causing smoke to come through his open windows. Mr. Charles Kaufman, 3614 S. Ramona Drive, stated building codes and regulations should be enforced; and that while Mr. Baker should not be penalized, someone should bear the expense of restoring the building to legal standards. Mr. Charles MacGregor, 3625 S. Ramona Drive, stated that granting of the Variance would be an injustice to the property owner to the rear and he has done nothing wrong. Mr. William Slack, 3621 S. Ramona Drive, stated that he objected to the room addition because it had not been built according to the building code. Mrs. Edward Fulton, 3617 S. Ramona Drive and Mrs. ~ne~ D. Slivnik, 3613 South Ramona Drive also spoke in opposition to granting the variance. Mayor Griset closed the public hearing. Councilman Patterson stated he would like the staff to furnish Council wi~h a report and recommendation as to how the City might avoid this kind of problem. It was moved by Councilman Patterson, seconded by Councilman Herrin to overrule the action of the Zoning Administrator and instruct the City Attorney to prepare a resolution granting Variance Application 70-32 subject to compliance with all requirements of the Building Code and Building Department with respect to the room addition and chimney on the following roll call vote: AYES: NOES: ABSENT: I-Ierrin, Evans, Markel, Villa, Yamamoto None Patterson, Griset RECESS At 9:00 P.M., a five-minute recess was ~clared. Council reconvened at 9:08 P.M., with all Councilmen present. Councilman Herrin requested that he be excused from the meeting at 9:30 P.M. CITY COUNCIL -223 - August 3, 1970 PUBLIC HEARING APPEAL 241-VA 70-31 SANTA ANA RECAP AND BRAKE SERVICE The public hearing on Appeal 241, filed by the Santa Ana Planning Commission, appealing Condition 1 of the Zoning Administrator's approval of Variance Application 70-31, filed by Santa Ana Recap and Brake Service, to permit storage in the open (enclosed by a solid wall) in the C 2 District at 1810 W. First Street, was opened by the Mayor. City Manager stated that the Planning Commission wanted Condition No. 1 of the approved Variance revised to require an 8-foot high block wall rather than a $~-foot high block wall to enclose the tire storage area to ensure screening from the street. Opponent: Mr. Jim Patterson, 2113 N. Mantle, stated that he had purchased this business about two and one-half years ago; that he owns a similar business on West Fourth Street and had never had any outside storage problem; and that he does not stack his tires over 6 feet. Mayor Griset closed the hearing. It was moved by Councilman Herrin, seconded by Council_man Evans to deny the appeal and uphold the decision of the Zoning Administrator with respect to Condition 1 and to instruct the City Attorney to prepare a resolution granting Variance Application 70-31~ subject to conditions in Finding of Fact dated July 13, 1970, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel~ Patterson, None None ~illa~ Yamamoto, Griset PUBLIC HEARING STREET VACATION PULLMAN- BETWEEN ALTON AND GARRY AVENUES The public hearing to consider the Vacation of Pullman Street between Alton and Garry Avenues was opened by the Mayor. There were no proponents or opponents and the hearing was closed. The Director of Public Works described the area proposed to be vacated. Resolution 70-68 ORDERING THE VACATION OF A PORTION OF PULLMAN STREET BETWEEN ALTON AND GARRY AVENUES was adopted on motion of Councilman Patterson, seconded by Councilman Evans, on the following roll call vote: AYES: NOES: ABSENT: Herrin~ Evans, Markel, Patterson, Villa, Yamamoto, Griset None None CITY COUNCIL -224- August 3, 1970 Councilman Herrin left the Council Chamber at 9:25 P. M. PUBLIC HEARING The public hearing to consider the WEED ABATEMENT list of charges for weed abatement was opened by the Mayor. Clerk reported that the Certificate of posting Notice of Charges was on file. There were no proponents or opponents. Resolution 70-67 HEARING AND RULING OF OBJECTIONS TO WEED ABATEMENT REPORT OF DIRECTOR OF PUBLIC WORKS, APPROVING REPORT AND ORDERING A COPY THEREOF FILED WITH THE TAX COLLECTOR was adopted on motion of Councilman Pattersono seconded by Councilman Evans~ on the following roll call vote: AYES: NOES: ABSENT: Evans, Markel, Patterson, Villa, Yamamoto, Griset None Herrin CHRISTMAS FROLIC PARADE The Council considered a written JR. CHAMBER OF COMMERCE request from Mr. Martin G. Eckmann, External Vice President of the Santa Aha Jaycees, for an allotment of $2, 500 for the a,nnua]'Christmas Frolic Parade. The Mayor recognized Mr. Eckmann, who stated $411. of the $3,000 allocated to the Jaycees for last year's Centennial Parade had been refunded to the City and described its success and benefits to the City. It was moved by Councilman Villa, seconded by Councilman Patterson, to grant the Jaycees parade budget request in the amount of $2, 500 and the Mayor and Clerk were authorized to execute the necessary agreement, on the following roll call vote: AYES: NOES: ABSENT: Evans, Markel, Patterson, Villa, Yamamoto, Griset None Herrin ORDINANCE NS-1031 ORDINANCE NS4031 AUTHORIZING RETIREMENT CONTRACT AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF SANTA ANA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RE~FIREMENT SYSTEM was passed to second reading, on motion of Councilman Patterson~ seconded by Councilman Villa~ on the following roll call vote: AYES: NOES: ABSENT: Evans, Markel, Patterson~ Villa, Yamamoto, Griset None He rrin CITY COUNCIL -225- August 3, 1970 TOPLESS, BOTTOMLESS BARS Mayor Griset recognized Mr. A1 Wolf, 4921 W. Roberts Drive, who filed a petition containing the signatures of approximately 1, 478 persons who are opposed to the operation of topless and bottomless bars in the City of Santa Aha. The petition was filed on motion of Councilman MarkeL seconded by Councilman Evans and unanimously carried. Mr. Wolf also provided copies of Assembly Bill 524 for the Council which he stated authorized the City to legislate in the matter of topless and bottomless bars. City Attorney William Mock stated that the Supreme Court had ruled un- constitutional those laws which had been enacted by the cities as a result of AB524, and had stated that the conduct which they endeavor to prohibit is lawful. Mr. Wolf stated that Harbor Boulevard now has three "adult" book stores; and thai as long as the City has no ordinance, they will continue to come into the City. The City Attorney stated that ordinances were in the process of preparation which wOUld regulate on-sale liquor establishments to restrict their location within 300 feet of a residential area and to require those persons who would open businesses restricted to 21 years or older to obtain a Conditional Use Permit. The following Persons also spoke against topless and bottomless bars in the City and requested adoption of an ordinance prohibiting them: Alexander Zakowski, 523 South Spruce Street; Agnes Zakowski, 523 South Spruce Street; Bill Walden, 4413 West Fifth; Anthony Nieto, 10692 Kern Avenue, Garden Grove; Fred Beigle, 720 N. Morse Drive; Genevieve Southgate, 517 South Harbor Boulevard; Leonard Ross, Costa Mesa; Jean Walden, 4413 West Fifth~ Mr. Jim Cavallo, 1910 Avalon Street, stated that operation of a topless or bottomless bar is a constitutional right that should not be denied; that patronage of the bar is a personal decision; but that they should be regulated in neighborhoods with children. Mr. Wayne Rosh, 522 West First Street~ questioned the advisability of adopting an ordinance which would be declared invalid by the courts. It was moved by Councilman Yamamoto, seconded by Councilman Evans, to instruct the City Atlorney lo prepare an ordinance regulating topless and bottomless bars, patterned after a similar ordinance already adopted by the City of Orange. Following further discussion, the motion was tabled for 30 days~ on motion of Councilman Villa, seconded by Councilman Patterson, on the following roll call vote: AYES: l¥~arke!,: Part e r, so~L NOES: Evans, Yamamoto ABSENT: Herrin Villa, Griset CITY COUNCIL -226 - August 3, 1970 CHARTER AMENDMENT The Clerk of the Council stated that a PROPOSAL written communication had been given to her by Mrs. Janice Boer, 912 N. Lowell Street, to be presented to the Council prior to adjournment. The Mayor requested that copies of the letter be forwarded to the Councilmen the next day. LOGAN DISTRICT The City Manager described the PROPOSED NEIGHBORHOOD Logan area as one which for years had PARK been sorely neglected insofar as community improvement was concerned. I-Ie stated that the administration had recently met with leaders of the community and had discussed the possible development of a neighborhood park; that as a result of this meeting, he was now requesting the Council (1) to authorize the administration to proceed with the development of the two City-owned lots at 1005 and 1009 Custer Street as a neighborhood recreation area with grass, concrete, and blacktop, in cooperation with the people of the community; and (2) to authorize an appraisal and negotiation for the purchase of the lot and building adjacent to the two lots already owned by the City for the purpose of presenting a recommendation to the Council for their purchase and subsequent development as part of the recreation facility. It was moved by Councilman Villa, seconded by Councilman Yamamoto and unanimously carried, to approve the City Manager's requests. ADJOURNMENT Councilman Markel, There being no further business to come before the Council, the meeting was adjourned at 11:20 P. M., on motion of seconded by Councilman Patterson and unanimously carried. Florence I. Malone Clerk of the Council CITY COUNCIL -227 - August 3~ 1970