HomeMy WebLinkAbout09-21-1970MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
September 21. 1970
The meeting was called to order at 2:00 P. M., in the Council Chambers of the
City Hall Annex, 500 West Sixth Street, with the following Councilmen present:
Wade Herrin, Vernon S. Evans, J. Ogden Markel, Ray Villa, Harry K.
Yamamoto, and Mayor Lorin Griset. Councilman Jerry M. Patterson was
absent, but arrived later. Also present were City Manager Carl J. Thornton,
City Attorney William L. Mock, Director of Public Works Ronald Wolford,
Director of Planning Herbert Wieland, and Clerk cf the Council Florence I.
Malone.
MIN UT E S
of the Regular Meeting of September 8,
On motion of Councilman Villa,
seconded by Councilman Markel and
unanimously carried, the Minutes
1970 were approved as submitted.
PROJECT 6034 - On motion of Councilman Herrin,
RESURFACING seconded by Councilman Yamamoto
and unanimously carried, Council
ordered filed report of bids received for Project 6034, Construct Asphalt
Concrete Resurfacing of Various Walks and Courts in Madison, Adams and
E1 Salvador Parks; awarded contract to the low bidder, Jackson Brothers
Construction; and rejected all other bids.
SPEC. 641-197 - On motion of Councilman Herrin,
WATER METERS seconded by Councilman Evans and
unanimously carried, Council ordered
filed report of bid received for Spec. 641-197, Combination Fire and Domestic
Water Meters (Turbo Water Meter), and awarded contract to the only bidder,
Rockwell Manufacturing Company.
Councilman Patterson arrived at the Council meeting.
SPEC. 641-198 - INSURANCE Council considered award of contract
for Spec. 641-198, Boiler and
Machinery Insurance for period
effective September 22, 1970 through September 22, 1973.
Mr. John Martin, representing Tausch Insurance Brokers, presented a letter
to Council asking that their bid be reconsidered, since they included a recommend-
ation with their bid which would save the City money by excluding the hot water
heaters from coverage. The City Manager explained that this would be considered
bidding on something not in the City's specifications and, if considered, would
place the City's bidding procedure in a questionable situation.
After a brief discussion, it was moved by Councilman Markel, seconded by
Councilman Yamamoto, to order filed the report of bids received; award
contract as recommended to the low bidder, Harrison, Zeppegno & Bristol, for
a five year policy, payable in annual installments; and reject all other bids.
The motion was adopted, with Councilman Villa voting "No".
CITY COUNCIL -265- September 21, 1970
PROJECT 7013 - It was moved by Councilman Patterson,
CITY HALL seconded by Councilman Villa, to order
filed report of bids received for Project
7013, Construction of New City Hall; declare Council's intent now, acting as
agent for the Civic Center Commission, to award the construction bid for the
new City Hall, Project 7013, to the low bidder, J.B. Allen and Company of
Anaheim, California, for the net amount of $4,174,300, accepting only the
deductive alternates #1 (in the amount of minus $4,200) and #4 ( in the amount
of minus $20,500), subject to sale and receipt of the bonds to pay for this
project; and reject all other bids. The motion was adopted on the following
roll call vote:
AYES:
NOES:
ABSENT:
Evans, Patterson, Villa, Yamamoto, Griset
Herrin, Markel
None
READING WAIVED On motion of Councilman Herrin,
seconded by Councilman Evans and
unanimously carried, the full reading
of ordinances and resolutions, the titles of which appeared on the public Agenda,
was waived.
ORD. NS-1027 - SPEED LIMITS ORDINANCE NS-1027 AMENDING
ARTICLE VII OF CHAPTER 36 OF
THE SANTA ANA MUNICIPAL CODE
RELATING TO PRIMA FACIE SPEED LIMITS FOR CERTAIN STREETS WITHIN
THE CITY was adopted on motion of Councilman Evans, seconded by Councilman
Markel, on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset
None
N one
ORD. NS-1037 - DRIVER'S ORDINANCE NS-1037 ADDING AN
PERMIT ADDITIONAL GROUND TO DISQUALIFY
APPLICANT FOR DRIVER'S PERMIT
was adopted, on motion of Councilman Herrin, seconded by Councilman Yamamoto,
on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset
None
N one
ORD. NS-1038 - REFUSE ORDINANCE NS-1038 AMENDING SECTION
COLLECTION REGULATIONS 16-33 OF CHAPTER 16 OF THE SANTA ANA
MUNICIPAL CODE PERTAINING TO REFUSE
COLLECTION REGULATIONS was adopted, on motion of Councilman Evans,
seconded by Councilman Yamamoto, on the following roll call vote:
AYES: Herrin,
NOES: Markel
AB SENT: None
Evans, Patterson, Villa,
Yamamoto, G riser
CITY COUNCIL -266- September ~.1, 1~)70
ORD. NS-1039 - HELICOPTERS ORDINANCE NS-1039 AMENDING
AND HELIPORTS THE SANTA ANA MUNICIPAL CODE
BY ADDING SECTIONS 41-68, 41-69,
AND 41-70 TO ARTICLE I OF CHAPTER 41 THEREOF AND ADDING SECTION
41-619 TO ARTICLE V THEREOF TO REGULATE HELICOPTERS AND
HELIPORTS WITHIN THE CITY OF SANTA ANA was adopted, on motion of
Councilman Herrin, seconded by Councilman Patterson, on the following roll
call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Patterson, Villa~ Yamamoto~ Griset
N one
None
ORD. NS-1042 - UTILITY On motion of Councilman Evans,
USER TAX seconded by Councilman Markel,
ORDINANCE NS-1042 PROVIDING
FOR UTILITY USER TAX UPON THE USE OF ELECTRICITY, GAS, TELEPHONE
AND WATER FACILITIES AND SERVICES was deferred to the evening Agenda,
on the following roll call vote:
AYES:
NOES:
A BSEN T:
Herrin, Evans, Markel, Yamamoto, Griset
Patterson, Villa
N one
ORD. NS-1043 - A.A. 670 ORDINANCENS-1043 CHANGING
GORZEMAN DISTRICT CLASSIFICATION ON
AMENDMENT APPLICATION 670
FILED BY W. L. ANDG. J~ GORZEMAN AND AMENDING SECTIONAL
DISTRICT MAPS 17-5-9 AND 20-5-9 (EXItIBIT AA 670-A) ( south side of
McFadden between Ritchey and Village Way) was passed to second reading,
on motion of Councilman Herrin, seconded by Councilman Markel and
unanimous ly carried.
RES. 70-89 RESOLUTION 70-89 REQUESTING
COURT ACTION THAT THE COUNTY OF ORANGE
DEFEND THE ACTION FOR THE
RECOVERY OF TAXES PAID UNDER PROTEST FILED BY WESTERN
TITLE GUARANTY COMPANY, ORANGE COUNTY DIViSION~ A CORPORATION.
AGAINST THE COUNTY OF ORANGE AND THE CITY OF SANTA ANA was
adopted, on motion of Council.man Patterson, seconded by Councilman Villa
and unanimously carried.
RES. 70-90 Council (onsidered adoption of
DISPLACEMENT BY CITY RESOLUTION 70-90 DECLARING
ACTION THE I:NTENT[ON OF q'tlE CiTY
OF SANTA ANA TO TREAT PERSONS
DISPLACED BY CITY ACTION IN A MANNER COMPATIBLE WITH THEIR
BEST INTERESTS.
After discuss~;ign, ii: was moved by Councilman Patterson~ seconded by Councilman
Villa, to adopt Resolul:~on 70-.90 with the following changes: that "Eminent Domain
Proceedi~tgs" in t7~e ~itle and wherever it appears in the body of ~:he resolution be
changed to read "City action"; that the first paragraph of the resolution be changed
t~; read~ "WHEREAS~ governmental agencies regularly employ the powers to acquire
]and f~r pubhc use and" that the phrase "by this method" be deleted in the second
paragraph and t:?a~ ~he pt~rase "to the e×te~ ~.~ can ~ ~cc~,m?~~'' b(~ '~'!o'~''~ ~
numbered paragraph 1.
CITY COUNCIL -267- September 21. 1970
RES. 70-90
DISPLACEMENT BY CITY ACTION (Continued)
The motion to adopt Resolution 70-90 as amended was adopted on the following
roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Villa, Yamamoto, Griset
Herrin, Evans, Markel
N one
RES. 70-91 RESOLUTION 70-91 OF THE COI/NCIL
WEEK OF PRAYER FOR PEACE OF THE CITY OF SANTA ANA
PROCLAIMING OCTOBER 18-24, 1970
AS A WEEK OF PRAYER FOR PEACE was adopted after being read in its
entirety by the Mayor, on motion of Councilman Herrin, seconded by Councilman
Patterson, on the following roll call vote:
AYES: Herrin, Evans, Patterson, Villa, Yamamoto, Griset
NOES: Markel
ABSENT: None
RES. 70-92 RESOLUTION 70-92 OF THE CITY
LIBRARY SERVICES COUNCIL OF SANTA ANA AUTHORIZING
THE APPLICATION FOR THE
ESTABLISHMENT AND IMPROVEMENT OF LIBRARY SERVICES FROM THE
STATE OF CALIFORNIA AND APPROVAL OF A PLAN OF SERVICES THERE-
LrNDER was adopted after being read in full by the Clerk of the Council, on
motion of Councilman Patterson, seconded by Councilman Yamamoto, on the
following roll call vote:
AYES: Evans, Patterson, Villa, Yamamoto, Griset
NOES: H errin, Markel
ABSENT: None
COLLEGE SWIMMING POOL On motion of Councilman Herrin,
seconded by Councilman Markel and
unanimously carried, Council approved
and authorized extension to January l, 1971 of agreement between City of Santa
Ana and Santa Ana Junior College District for joint use of the College swimming
pool.
GIRLS CLUB On motion of Councilman Herrin,
seconded by Councilman Patterson
and unanimously carried, Council
approved and authorized execution of agreement with the Girls Club of Santa
Ana for use of City-owned unimproved property adjacent to the County-owned
vacant fire station building at 2317 Greenville Street.
PRISONER TRANSPORTATION On motion of Councilman Herrin,
seconded by Councilman Yamamoto
and unanimously carried, Council
authorized execution of agreement with William L. Main, Inc. 0 dba Security
Transport, for transportation of prisoners for whom a warrant of arrest has
been issued.
CITY COUNCIL
-268-
September ~,1, 1970
EXTENSION OF TIME The request from Anacal Engineering
Company for a one year extension of
time for Tentative Tract No. 7094
was referred to staff, on motion of Councilman Herrin, seconded by Council-
man Patterson and unanimously carried.
RECESS
Council members present.
At 3:00 P.M., a five minute recess
was declared. The Council
convened at 3:07 P. Mo, with all
CONGRESS OF CITIES On motion of Councilman Herrin,
seconded by Councilman Evans and
unanimously carried, Council designated
Mayor Griset as the voting delegate and Councilman Markel as the alternate
voting delegate for the 47th Annual Congress of Cities to be held in Atlanta,
Georgia, December 7 .- 10, 1970.
JET AIRCRAFT Council discussed the Costa Mesa
Resolution requesting the Board of
Supervisors to take action to impose
conditions designed to reduce noise and air pollution by jet aircraft.
On motion of Councilman Patterson, seconded by Councilman Villa and
unanimously carried, the City Attorney was instructed to draft a resolution
similar to Costa Mesa's regarding reduction of aircraft in the skies above
Santa Aha and noise and pollution levels at Orange County Airport.
VARIANCE AND CONDITIONAL On motion of Councilman Patterson,
USE PERMIT seconded by Councilman Herrin and
unanimously carried, Council
adopted the finding of fact, conclusion and decision of the Planning Commission
as action of the City Council on the following:
VA 70-42, ALLISON, PEDDICORD - to construct pie and sandwich shop in
lhe R 1 District at 1821 N. Grand - APPROVED.
TRAFFIC The report of control devices removed
or installed August 31, 1970 -
September 14, 1970 was ordered filed,
on motion of Councilman Herrin, seconded by Councilman Yamamoto and
unanimously carried.
ALCOHOLIC BEVERAGE On motion of Councilman Herrin,
LICENSE APPLICATIONS seconded by Councilman Yamamoto
and unanimously carried, Council
ordered filed the following Alcoholic Beverage License Applications:
The Pour House, 815 E. First, New On Sale Beer;
Say On Drug, 1750 N. Grand, Off Sale General, Person Transfer;
Half Crown, 1238 E. Edinger, On Sale Beer, Person Transfer;
Key Stores, 3031S. Bristol, Off Sale General Premises Transfer;
7 Eleven Stores, 1220 N. Bristol, Off Sale Beer & ¥'v'm~ i~-~u~
T rans fe r.
CITY COUNCIL
-269- September 21, 1970
SOLICITATION APPLICATIOIqS On motion of Councilman Herrin,
seconded by Councilman Markel and
unanimously carried, the following
Solicitation Applications were approved:
DAV Jack Fisher Chapter 23 & Auxiliary, sale of forget-
me-nots, pens, banners, November 1, 1970 - January 1, 1971.
Mater Del YIigh School, chocolate bar sale, September 30 -
October 6, 1970.
Orangewood Acader~xy, candy sale, September 21 - October 5,
1970.
PUBLIC PROPERTY USE On motion of Councilman YIerrin,
seconded by Councilman Patterson
and unanimously carried, the
following Applications for Special License to Use Pubhc Property were
approved:
Combined Veterans Organizations of Orange County, Veterans
Day Parade, Sunday, November 8, 1970, Main Street from
Fashion Square to 2nd and Main Streets.
Larry Reed, Westminster Foursquare Church, open air
preaching, 7:00 P.M. - 10:00 P.M., Tuesdays and Thursdays,
4th and French Streets.
COMPLAINT Council considered petition
containing approximately 33
signatures regarding an alleged
"fraternity house" at 924 N. Lowell Street and report from staff on the
verbal complaint by a citizen at the September 8 Council meeting on the
same matter.
Janice Boer, 912 N. Lowell, Mrs. Beck, 1002 N. Lowell, Wilma Keenan,
925 iN. Lowell, and Ruth Gavett, 907 Iq. Lowell, spoke, complaining about
the loud noise and music emanating from the house at all hours of the night,
gangs in the street, cars blocking the street, young persons on the neighbors'
property, and parties every weekend.
Councilman Herrin explained that he had talked to the owner of the house in
question and she had assured him that if the occupants of the house were
disturbing the peace of the neighborhood, she would cancel the lease immediately
if Council directed a letter to her containing proof of the alleged complaints.
Donald Guarnieri, one of the tenants of the house under discussion, stated thai
there was no dope use in the house; most of the problems the neighbors were
complaining about were caused by party crashers; and that they had tried to be
on friendly terms with the neighboring residents.
The City Manager explained that the Police Department had responded to a
number of complaints about the noise at this address.
After further discussion, it was moved by Councilman Patterson, seconded by
Councilman Villa and unanimously carried, that the staff recommendations be
implemented -- police enforcement of the noise problem, prompt notification
of the Police Department when specific violations occur, and that staff be
directed to contact both the owner and the occupants to advise them of the
complaints and request their cooperation.
CITY COUNCIL -270- September 21, 1970
RECESS
members present.
At 4:20 P. M., a five minute recess
was declared. The Council reconvened
at 4:30 P.M., with all Council
TENTATIVE TRACT 7287 Tentative Tract Map 7287, filed
by National Land Development Co.,
creating forty-six (46) lots, 15 R 1
and 31 R 2, located southwest of intersection of Fairhaven and Grand, was
approved subject to conditions in Planning Director's report dated September
14, 1970, on motion of Councilman Iterrin, seconded by Councilman Yamamoto
and unanimously carried.
SURPLUS BUILDINGS
Council considered the following
listed Surplus Property Reports:
Surplus Property Report 70-23 regarding two single family
residences at 1117 W. First Street.
Surplus Property Report 70-24 regarding building at 1047
W. First.
Surplus Property Report 70-27 regarding building at 911
W. First.
Surplus Property Report 70-29 regarding buildings at 801,
807 and 809 W. First.
Surplus Property Report 70-30 regarding building at 701-
703 W. First.
Surplus Property Report 70-26 regarding residence at
1005W. First.
Surplus Property Report 70-31 regarding buildings at 613 -
617 West First and 107-109 N. Parton.
On motion of Councilman Patterson, seconded by Councilman Villa, Council
declared the buildings surplus and authorized demolition, on the following
roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Patterson, Villa, Yamamoto, Griset
Markel
N one
SURPLUS BUILDINGS After considering Surplus Property
SPR 70-22, SPR 70-25 Report 70-22 regarding residence at
1121 W. First, on motion of Councilman
Herrin, seconded by Councilman Patterson, Council declared the building
surplus and authorized sale within 30 days or demolish, on the following roll call
vote:
AYES:
NOES:
ABSEN T:
Herrin, Evans, Patterson, Villa, Yamamoto, Griset
Markel
N one
After considering Surplus Property Report 70-25 regarding building at 1045 W.
First, om motion of Councilman Herrin, seconded by Councilman Patterson,
Council declared the building surplus and authorized sale within 30 days or
demolish, on the following roll call vote:
AYES:
NOES:
ABSEN T:
Herrin, Evans, Patterson, Villa, Yarnaraoto, Griset
Markel
N one
CITY COUNCIL -271- September 21, 1970
SURPLUS BUILDING After considering Surplus Property
SPR 70-28 Report 70-28 regarding residence
at 909 W. First, on motion of Council-
man Herrin, seconded by Councilman Patterson, Council declared the building
surplus and authorized sale at public auction, on the following roll call vote:
AYES: Herrin, Evans, Patterson, Villa, Yamamoto, Griset
NOES: Markel
ABSENT: None
DEEDS, NO CASH On motion of Councilman Herrin,
GRANTEE, CITY seconded by Councilman Patterson
and unanimously carried, Council
ordered filed the report of No Cash Deeds accepted by the City Manager,
pursuant to Resolution No. 69-156, from September 3, 1970 through
September 16, 1970.
DEEDS, NO CASH
GRANTOR, CITY
by the Mayor and Clerk be authorized:
It was moved by Councilman Herrin,
seconded by Councilman Patterson,
that execution of the following Deeds
Rodeffer, et al, east 20'/Pullman, Garry to Deere,
excess street;
Rodeffer, et al, Pullman, Alton to Garry, excess
street.
The motion was carried on the following roll call vote:
A YES:
NOES:
A BS EN T:
Herrin, Evans, Markel0 Patterson, Villa, Yamamoto, Griset
None
N one
HUMAN RELATIONS COMMISSION It was moved by Councilman
RESOLUTION 70-3 Patterson, seeonded by Councilman
Villa and carried, with Councilman
Markel dissenting, thai Resolution 70-3 of the Human Relations Commission,
recommending that the City establish an Affirmative Action Program, providing
for non-discrimination in the employment practices of contractors who furnish
goods or services to the City, be referred to staff for study in order to
determine what is being done under Affirmative Action Programs in other cities
and in the Santa Ana School District. In addition the City Attorney was instructed
to prepare a resolution which would indicate the Council policy as generally
favoring an Affirmative Action Program.
Prior to the motion, Chairman Galal Gough and Mr. Norman Corbin, of the
Human Relations Commission, described the intent of the Resolution as seeking
~o relieve the burden of unemployment suffered by minorities by providing incentiv
to City contractors and suppliers for their employment. Chairman Gough
expounded on and referred to his letter to the Councilmen dated September 18, 197(
regarding the Resolution and unemployment conditions in Santa Aha. He also prop
that a serious study of Affirmative Action Programs be undertaken.
ed
CITY COUNCIL -272- September 21, 1970
HUMAN RELATIONS COMMISSION
RESOLUTION 70--3 - (Continued)
Mr. Jesse Berry, member of the Santa Ana Unified School District, also spoke
in favor of the proposed Affirmative Action Program, stating that the School
Board had responded favorably to a similar request presented to it by the
NAACP, which resulted in the formation of an Affirmative Action Committee.
He urged consideration of a City Committee to advise and make recommendations
to the Council on Affirmative Action Programs.
Mr. Clifford Frazier, 2049 South Halladay Street, opposed the Human
Relations Commission Resolution stating that there was nothing pertaining
to human relations that is the Council's responsibility; that its responsibility
is to protect the people, not to house them, nor feed them, nor wet-nurse
them.
Mrs. Janice Boer objected to the Council's "myopic" concern with minorities
and suggested that it should become more concerned with "anglos". She also
stated that the 1964 Civil Bights Act prohibits the use of any employment quota
system and suggested that the City Attorney verify this.
Mr. Richard Petheridge stated that the Council has a responsibility to spend
pubhc funds in such a way that the entire community would benefit; and that
an Affirmative Action Program would help to serve that purpose.
A motion by Councilman Patterson, seconded by Councilman Villa, to instruct
the staff to maintain a record of time spent with Mrs. ~oer in the offices and
on the telephone, failed on the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Villa, Yamamoto
Herrin, Evans, Markel, Griset
N one
SHOWMOBILE On motion of Councilman Herrin,
seconded by Councilman Yamamoto
and unanimously carried, the staff
report recommending amendment to Resolution 70-41 regarding miscellaneous
fees, to include fees for use of City-owned Showmobile, was approved.
REIMBURSE1VIENT On motion of Councilman Herrin,
seconded by Coumilman Evans
and unanimously carried, Council
authorized reimbursement to National Land Development Company for
improvements on north side of 17th, Mabury to 200 feet west of Mabury, in the
amount of $1,108.12.
CITY COUNCIL
-273-
September 21, 1970
WINDSOR PARK PETITION Council considered the staff
report on the petition presented
by Windsor Park area residents
on September 8. On motion of Councilman Herrin, seconded by Councilman
l~atterson and unanimously carried, the report was ordered filed with the
recommendation that continued surveillance of the Windsor Park area be
encourage d.
TOPLESS-BOTTOMLESS Ordinances from the Cities
BARS of Long Beach, Garden Grove, and
Tustin pertaining to the control
of "topless and bottomless" bars were given to the City Attorney after being
received and filed on motion of Councilman Herrin, seconded by Councilman
Yamamoto and unanimously carried.
ORAL COMMUNICATIONS Mr. Clifford Frazier stated
that discussion of controversial
subjects should be moderated
in an impartial manner and both sides should be given equal time. Referring
to the Human Relations Commission Resolution 70-3, he stated thai there
is no need for the Council to adopt legislation regarding kiring people without
discrimination because there is ample legislation in existence; and he requested
that the Council reconsider its decision to adopt a Resolution favoring an
Affirmative Action Program.
Mrs. Janice Boer, 912 North Lowell, presented to the Clerk an affidavit of
publication of a Notice of Intent to Circulate an Initiative Petition,
published on September 19, 1970, to prohibit the taxation of any public
utihty used within the Ciiy. It was received and filed on motion of Council-
man Herrin, seconded by Councilman Evans and unanimously carried.
RECESS At 6:15 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 Galal Gough of
the First United Methodist Church.
CITY COUNCIL -274- September 21, 1970
ORD. NS-1042 Council considered second
UTILITY USER TAX reading and adoption of
ORDINAN CE NS-1042
PROVIDING FOR UTILITY USER TAX UPON THE USE OF ELECTRICITY,
GAS, TELEPHONE, AND WATER FACILITIES AND SERVICES
(deferred from the afternoon Agenda).
The Mayor opened the matter for discussion by interested members of the
audience.
The following spoke in opposition to the adoption of Ordinance NS-1042:
James Gilmore, 1405 S. Garnsey, President of the Industrial
Development Association of Greater Santa Aha;
Charles Paskerian, 2422 N. Fairmont Street;
Loran Norton, 1932 Griset Street, representing the Orange
County Tax Payers Association;
Buford Gibson, 12962 Browning, on behalf of the Santa Aha -
Orange - Tustin Board of Realtors;
Joe Gilmaker, 308 W. 4th Street;
Fredda Sortray, 846 E. Normandy;
Cliff Frazier, 2049 S. Halladay;
Janice Boer, 912 N. Lowell Street;
Archie Howell, 1226 Orange Avenue.
Don Christeson, President -Elect of the Chamber of Commerce, speaking
for the Board oI Directors of the Chamber, also speaking as a citizen and
businessman, spoke in favor of the utility tax.
Mayor Griset read aloud his position statement supporting the proposed
utility user tax.
A motion was made by Councilman Evans, seconded by Cotmcilman YIerrin,
to deny adoption of Ordinance NS-1042.
Council.men Markel and Herrin explained their opposition to the proposed
tax. Councilmen Patterson , Yamamoto and Villa spoke in favor of the
utility tax.
The motio~ to deny adoption of Ordinance NS-1042 failed to pass on the following
r~ll call v'c.te:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel
Patterson, Villa, Yamamoto, Griset
N one
ORDINANCE NS-1042 PROVIDING FOR UTILITY USER TAX UPON THE USE OF
FLECTRICITY, GAS, TELEPHONE, AND WATER FACILITIES AND SERVICES
v.,'as adopted, on motion of Councilman Patterson, seconded ,..~ r-~..~l~'~--~ xr.'~,. ~**~,'
on the following roll call vote:
AYES:
NOES:
ABSEN T:
Patterson, Villa, Yamamoto, Griset
Herrin, Evans, Markel
N one
CITY COUNCIL
-275-
September 21, 1970
RECESS
all Council members present.
At 9:05 P. M., a five minute
recess was declared. The Council
reconvened at 9:15 P.M., with
PUBLIC HEARING - A.A. 671 Hearing was opened on Amendment
FIRST WESTERN BANK & Application 671, filed by First
TRUST CO. Western Bank and Trust Company,
proposing amendment of Sectional
District Map 35-5-10 by rezoning from the R 1 District to the C tt District
property located on the west side of Bristol Street between Sunflower
Avenue and MacArthur Boulevard. There being no response to the call
for testimony, the hearing was closed.
On motion of Councilman Herrin, seconded by Councilman Patterson, Amend-
ment Application 671 was approved and the City Attorney was instructed to
prepare an ordinance to reclassify the property according to Exhibit A,
on the following roll call vote:
AYES:
NOES:
ABSEN T:
Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset
N one
N one
Due to a conflict of interest on the following three public hearings, Councilman
Evans left the Council Chambers.
AMENDMENT APPLICATIONS City Manager Carl Thornton
664, 665 AND 668 explained that the applicant for
O. K. EARL CORPORATION the subject Amendment Applications,
Mr. Earl, had requested that the
public hearings on these matters be continued until the remainder of the
Amendment, Applications in conjunction with the same areas which they have
applied for, and which are now under consideration by the Planning Commission,
can be set for public hearing, as they would prefer to have all of them come
before the Council at one time. tn response to the Mayor's query if continuance
of these hearings wonld inconvenience anyone, Harry Blas~ 1512 Windsor Lane,
President of Citizens for Fair Zoning, representing the surrounding residents,
responded that the residents had no objection, as they would like to have all of
the Amendment Applications pertaining to the area considered at one time also.
On motion of Councilman Markel, seconded by Co~mcilman Patterson and
unanimously carried~ the following public hearings were continued until such
time as ~he remainder of the O. K, Earl Corporation Amendmer~t Applications
for zone changes in the area are set for public hearing:
AMENDMENT APPLICATION 664 - Filed byOoK. Earl
C~rporation, proposing amendment of Sectional District
M3p 8-5~9~ by rezoning from the R 1 District to the LP
District property located on the west side of Tustin Avenue
between Seventeenth and Fruit Streets.
AMENDMENT APPLICATION 665 ~ Filed by O.K. Earl
Corporation~ proposing amendment of Sectional District
M~p 8-5-9 by rezoning from the R 1 District to the LP and C 5
Districts property located on the west side of Tustin Avenue
between Fruit and Fourth Streets.
CITY COUNCIL
-276-
September 21, 1970
AMENDMENT APPLICATIONS
664,665 AND 668
O.K. EARL CORPORATION - (Continued)
AMENDMENT APPLICATION 668 - Filed by O.K. Earl
Corporation, proposing amendment of Sectional District
Map 8-5-9 by rezoning from the R 1 to the LP and C 5
Districts property located on the north side of First
Street between Tustin Avenue and the Santa Ana Freeway.
Councilman Evans returned to the Council table.
PUBLIC HEARING - APPEAL 243 The Mayor opened the public
VA 70-39 - PERSONAL SERVICE hearing on Appeal 243, filed
CAR RENTAL, INC. by Personal Service Car
Rental, Inc., appealing
Condition 5 in the Zoning Administrator's approval of Variance Application
70-39, to rent and lease automobiles from an existing service station site
in the R 2 District at 1215 N. Grand Avenue, continued from the September
8 Council meeting.
Harry Taylor, 1055 N, Main Street, attorney representing the applicant,
explained that Condition 5 of the approval requires that applicant provide a
street easement for Grand Avenue and that applicant was leasing the space from
Mr. Mason, the Texaco dealer, who in turn was leasing the station from the
Texaco Company, who were leasing the property from the land owner, so that
applicant was not in a position to provide the easement to the City. Mr. Taylor
explained that the applicant would not be able to conduct his business at this
site if the condition were enforced.
No one spoke in opposition to the appeal.
The hearing was closed.
It was moved by Councilman Patterson, seconded by Councilman Markel,
to grant the appeal and instruct the City Attorney to prepare a resolution
granting Variance Application 70-39, subject to conditions in Finding of Fact
dated Augllst 10, 1970 except that Condition 5 - provide a street easement for
Grand Avenue for a width of 50 feet center line to property line - be deleted from
the conditions of approval.
The motion was adopted on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset
N one
N one
PUBLIC HEARING The Mayor explained that Arthur
.APPEALS 244 AND 245 Neeb, the apphcant for VA 70-29,
YA 70-29 - NEEB to permit open storage of trucks,
trailers and other related equipment
in the tR 2 District, which is an expansion of a legal, non-conforming use, at 2147-
49 S. Sycamore, approved by Planning Commission on August 24, 1970, and who
filed Appeal No. 244, appealing certain conditions in the approval, had requested
~ centinuance to October 19. Everett G. Jones, who filed Appeal No. 245,
appealing the granting of VA 70-29, stated that he would be wi!!tng to baize the
public hearing continued to October 19.
On motion of Councihnan Patterson, seconded by Councilman Herrin and unanimously
carried, the public hearing on Appeals 244 and 245 was continued to October 19, 1970.
CITY COLrNCIL -277- September 21, 1970
PUBLIC HEARING Hearing was opened on Appeal
APPEAL 246 - CUP 70-6 No. 246, filed by Santacrown
SANTACROWN PROPERTIES Properties, appealing Condition
7 in Planning Commission's
approval of CUP 70-6, to utilize an existing building for the manufacture and
retail sales of furniture in the M 1 District at 3731 W. Warner.
A1 Skluth, 1180 S. Beverly Drive, Los Angeles, representing the applicant,
explained that, upon investigation, it was learned that the developer of the tract
had put up a bond and signed an agreement which would take care of Conditions
7, 8 and 9 outlined in Planning Commission's Finding of Fact (street paving,
curb and gutter, sidewalk, ornamental street lights, street trees).
The Public Works Director confirmed Mr. Skluth's statement and recommended
deletion of Conditions 7, 8 and 9.
No one spoke in opposition to the appeal.
The hearing was closed.
On motion of Councilman Patterson, seconded by Councilman Herrin, the appeal
was granted and the City Attorney was instructed to prepare a resolution granting
Conditional Use Permit 70-6 subject to conditions in Finding of Fact dated August
24, 1970 except that Conditions 7, 8 and 9 be deleted, on the following roll call
vote:
AYES: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset
NOES: N one
ABSENT: None
ORD. NS-1040 - OFF-PREMISE Council considered adoption of
ADVERTISING SIGNS ORDINAN CE N S-1040 AMEN DING
THE SANTA ANA MD-NICIPAL
CODE BY ADDING SECTIONS 41-619.55 AND 41-619.56 TO CHAPTER 41 THEREOF
TO PROVIDE REGULATIONS FOR OFF-PREMISE ADVERTISING SIGNS.
Mrs. Weston Walker, 919 N. Olive, representing L. I. S. A., spoke on behalf of
her organization, requesting that if the proposed ordinance did not so provide, it
should be amended to restrict billboards in commercial areas, restrict animated,
blinking, flashing billboards in commercial areas, limit painted bulletins, and
provide regulations for maintenance of roof signs until they are removed from the
business district.
Joe Gilmaker, 308 West 4th Street, spoke in favor of maintaining billboard signs
in the downtown area. Bob Reid, of Foster and Kleiser, spoke in favor of the
proposed ordinance and explained that any time a maintenance problem arises on
one of their signs, they will take care of it immediately.
ORDINANCE NS-1040 AMENDING THE SANTA ANA MUNICIPAL CODE BY ADDING
SECTIONS 41-619.55 AND 41-619.56 TO CHAPTER 41 THEREOF TO PROVIDE
REGULATIONS FOR OFF-PREMISE ADVERTISING SIGNS was adopted, on motion
of Councilman Herrin, seconded by Councilman Patterson, on the following roll
call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Patterson, Villa,
N one
None
Yamamoto, Griset
CITY COUNCIL
-278- September 21, 1970
RECESS
all Council members present.
At 10:17 P. M., a five minute
recess was declared. The Council
reconvened at 10:27 P. M., with
SALARIES
RES. 7O-87
The City Manager explained his
report regarding proposed salary
increases for the City employees.
Cliff Frazier, 2049 S. Hallad~y and Loran Norton, 1932 Griset, opposed the
proposed salary increases for the City employees. Victor Rexroade, 16116
Shasta; Richard Greenwell, President of the Employees Association; and
Jim Hagge, Chairman of the Board of Directors of the Employees Association,
spoke in favor of granting the proposed salary increases to the City employees.
RESOLUTION 70-87 AMENDING SECTIONS 2, 3 AND 3.1 OF RESOLUTION NO..
58-281 was adopted, on motion of Councilman Patterson, seconded by Cotmcil-
man Villa, on the following roll call vote:
AYES: Evans, Patterson, Villa, Yamamoto, Griset
NOES: Herrin, Markel
ABSENT: None
ORAL COMMUNICATIONS
ASSESSMENT DISTRICT 236 Joe Gilmaker, 308 West 4th
Street, asked Council if some
discrepancies he had noticed
in the improvement of 4th Street could be rectified. On motion of
Councilman Patterson, seconded by Councilman Villa and unanimously
carried, the matter was referred to staff for report to Mr. Gilmaker.
In response to a query from Councilman Markel regarding his suggestion
to shift the street lighting so that it would not be necessary to make modifications
in the basements of several buildings on Fourth Street, the Public Works
Director responded that Councilman Markel's suggestion had been implemented.
The Public Works Director also explained that discussions were being held
with the City Center Association regarding the maintenance of the improvement
district on Fourth Street and that a recommendation regarding the maintenance
would be forthcoming very soon.
AUDITOR
failed for lack of a second.
Councilman Markel's motion
to engage another auditor firm
to audit the City's accounts
ADJOURNMENT At 11:30 P. M., there being no
further business to come before
the City Council, on motion of
Councilman Patterson, seconded by Councilman Herrin and ananimously
carried, the meeting was adjourned to Tuesday, September 29, 1970, at 3:00
P. M. , in the City I-Iall Annex, 500 West Sixth Street, for joint meeting of the
City Council and the Plarming Commission for presentation of the Lafer
Critique on the General Plan.
CITY COUNCIL
-~'lorence I. Malone'
Clerk of the Council
-279-
September 21, 1970