HomeMy WebLinkAbout02-01-1971MINUTES OF THE REGULAR MEETING
OF THE CITY COUN~CIL OF THE
CITY OF SANTA ANA, CALIFORNIA
Februaryl, 1971
The meeting was called to order at 2:05 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 C~ty Manager Carl J. Thornton, City Attorney William L.
Mock, Director of Public Works Ronald Wolford, Director of Planning
Herbert Wieland, and Clerk of the Council Florence I. Malone.
MINUTES The Minutes of the Regular
Meeting of January 18, 1971
were approved as Submitted,
on motion of Councilman Herrin, seconded by Councilman Markel, and
unanimously carried~
PROJECT 6036 On motion of Councilman Herrin,
BARN AT CHILDRE~,S ZOO seconded by Councilman Markel
and unanimously carried, Council
ordered filed report of bids received for Project 6036, to construct a barn at
Children's Zoo in Prentice Park; awarded contract to the low bidder, Steen
Construction Company; and rejected all other bids.
PROJECT 3018 On motion of Councilman Evans,
SANITARY SEWER seconded by Councilman Yamamoto
and unanimously carried, Council
ordered filed report of bids received for Project 3018, for construction of a
Sanitary Sewer from Chestnut Street and Grand Avenue to Fourth Street and Santa
Fe Street, and on First Street from Lyon Street to Wright Street; awarded contract to
the low bidder, Robert Lee Farmer; and all other bids were rejected.
SPEC. 641-225 Council ordered filed report of
DIESEL GENERATOR bids received for Specification
641-Z25, one diesel generator;
awarded contract to the low bidder, Graybar Electric Co., and rejected all other
bids, on motion of Councilman Evans, seconded by Councilman Patterson, and
unanimously carried.
CIT~ COUNCIL
-34-
February 1, 1971
BID CALLS On motion of Councilman Herrin,
seconded by Councilman Evans,
and unanimously carried, Council
approved plans and specifications and authorized advertising for bids on the
following:
(b)
Spec. 641-Z28, One Line Striping Machine, opening
March 2, 1971, 10:00 A.M. (Replacement)
Spec. 641-229, Two (2) High Band Mobile Radios
and various additional secode, decoder, encoder units,
opening February 18, 1971 (One Mobile Radio is a
replacement; all others are ad~led units).
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-1064 ORDINANCE NS-1064 AMENDING
PARKING MODIFICATION CHAPTER 41 OF THE SANTA ANA
MUNICIPAL CODE BY AMENDING
SECTION 41-611. B (PARKING MODIFICATION) was ~dopted, on motion of Council-
man Herrin, seconded by Councilman Patterson, on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset
None
None
ORD. NS-1065 - A.A. 678 ORDINANCE NS-1065 CHANGING
DIERKER DISTRICT CLASSIFICATION ON
A/VIENDMENT APPLICATION 678
FILED BY ALWIN V. DIERKER AND A/ViENDING SECTIONAL DISTRICT MAP
31-4-9 (EXHIBIT AA 678 A) was adopted, on motion of Councilman Patterson,
seconded by Councilman Markel, on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset
None
None
ORD. NS-1066 ORDINANCE NS-~10~6 PROVIDING
GENERAL ELECTION FOR THE HOLDING OF A GENERAL
MUNICIPAL ELECTION IN THE
CITY OF SANTA ANA, CALIFORNIA, ON THE 6TH DAY OF APRIL, 1971, FOR
THE ELECTION OF FOUR MEMBERS OF THE CITY COUNCIL was adopted, on
motion of Councilman Patterson, seconded by Councilman Evans, on the following
roll call vote:
AYES: Herrin, Evans, Markel, Patterson, Villa, Yamamoto,Griset
NOES: None
ABSENT: None
CITY COUNCIL -35- Februaryl, 1971
ORD. NS-1067 ORDINANCE NS-1067 AMENDING
DRAINAGE ASSESSMENT FEES THE SANTA ANA MUNICIPAL
CODE BY AMENDING SECTION
34-193 THEREOF RELATING TO DRAINAGE ASSESSMENT FEES was presented
for first reading. Mr. Don Christeson spoke on behalf of the Santa Aha Chamber
of Commerce, urging the City Council to delay the first reading and schedule a
public hearing. He stated that the passage of this measure would greatly affect
the business upturn that is now indicated; that the fees that would be levied against
users of property should be carefully studie._d.
Mayor Griset reviewed the]~urpose behind the increase in drainage assessment fees,
stating that under the present fee schedule the developer and user pay only a portion
of the actual cost and that the excess cost must be paid by the city from its general
revenue funds, since drainage is an immediate problem and must be taken care of.
The City Manager reviewed the report presented to the Council, comparing
drainage costs and percentages of drainage fees charged by other Orange County
cities.
Mr. Royce W. Coin, Area Manager, Building Industry Association of California,
Inc., 800 North Main Street, stated that the buiIding industry is quite sensitive to
increased construction costs; that he would like to have an opportunity to talk with
the staff as to how they arrived at this construction cost index.
Councilman Villa stated he was not in favor of delaying action on the matter since
the people (the taxpayers) who would ultimately pay would not be aware that they
would be responsible for these increased costs and would not appear at the
hearing. Councilman Patterson stated that the matter had been reviewed thoroughly;
that drainage assessment rates have not been adjusted in the City of Santa Aha
since 1961, and more than 50% of present fees come out of the general fund; that he
would like to see this fee schedule reviewed annually. Councilmen Herrin and
Yamamoto spoke in favor of delaying the first reading in order to have more time
for study and allow the public to present their views.
Motion of Councilman Evans to delay the first reading of Ordinance NS-1067 for
two weeks to allow the public to come into the next Council meeting and present
their views, was seconded by Councilman Yarnamoto and carried on the following
roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Yamamoto, Griset
Markel, Patterson, Villa
None
ORD. NS-1068 - A.A. 679 ORDINANCE NS-1068 CHANGING
DISTRICT CLASSIFICATION ON
AMENDMENT APPLICATION 679
INITIATED BY THE SANTA A3qA PLANNING COMMISSION AND AMENDING
SECTIONAL DISTRICT MA.PS 13-5-10 AND 24-5-10 (EXHIBIT AA 679 B) was
passed to second reading, on motion of Councilman Evans, seconded by Councilman
Serrin, and unanimously carried°
CITY COUNCIL -36- February 1, 1971
ORD. NS-1069
SPECIAL ELECTION
until after consideration of Item Z5.
The first reading ct OrdinAnce
NS-1069 was postponed, by
common consent of the Council,
RES. 71-12 RESOLUTION 71-12 ENDORSING
TAX OVERRIDE ELECTION AND SUPPORTING THE
FEBRUAt~Y 23, 1971, TAX
OVERRIDE ELECTION was adopted, on motion of Councilman Patterson,
seconded by Councilman Herrin, on the following roll call vote:
AYES:
NOES:
ABSENT:
I-Ierrin, Evans, Patterso;L Villa, Yamarnoto, Griset
Markel
None
Preceding adoption of the resolution, Mr. Charles F. Kenney, Superintendent,
Santa Aha Unified Scheot District, spoke in favor of the resolution, urging the
City Council to support the election. Councilman Markel stated he would like
to recommend a 100% voter participation in this election, but did not believe
the City Council should endorse it. Councilman Herrin stated he agreed with
Councilman Markel; that by voting in favor of the motion, he was supporting
the election but not the proposition. Councilman Evans also concurred with
this view.
RECESS ,~
with all Council members present.
At 2:55 R.M., a five minute .
recess was declared. The Council
reconvened at 3:00 P. M.,
RES. 71-13 RESOLUTION 71-13 AFFIRMING
FIRST WESTERN BANK THE DECISION OF TPIE PLANNING
AND TRUST COMPANY COMMISSION AND GRANTING A
VARIANCE ON VA]t]~NCE-
APPLICATION 70-68 FILED BY THE FIRST WESTE~N BANK AND TRUST
COMPANY SUBJECT TO APPLICABLE CONDITIONS was approved, on motion
of Councilman Herrin, seconded by Councilman Patterson, on the following roll
call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Villa, Griset
Patterson, Yamamoto
None
RES. 71-14 RESOLUTION 71-14 AFFIRMING
KEY METALS, INC. THE DECISION OF THE PLANNING
COMMISSION AND GRANTING
CONDITIONAL USE PERMIT 70-13 FILED BY KEY METALS, INC., SUBJECT
TO CERTAIN APPLICABLE CONDITIONS was approved on motion of Councilman
Evans, seconded by Councilman Herrin, on the following roll call vote:
AYES:
NOES:
ABSENT:
I-lerrin, Evans, Markel, Patterson, Villa, Griset
Yamamoto
None
CITY COUNCIL -37- Februaryl, 1971
RES. 71-15 RESOLUTION 71-%5,~F~IRIVi~I~,G,
SANTA ANA LINCOLN-MERCURY THE DECISION QE
COMMISSION ANb! ]~N~Na~ X
PORTION OF V~I~CE ~PLICATION 70-61 FILED BY S~TA ANA LINCOLN-
MERCURY ~as adopted, on motion of Councilman Herrin, seconded by Councilman
Patterson, on the following roll call vote:
AYES: Herrin, Evans, Markel, Patterson, Villa, Yamam~o!V~i~t
NOES: None ~!JJ /0
~SENT: None
Prior to the motion, Mr. Warren D. Crafton, Federal Sign and S~nal
spoke on behalf of Santa ~a Lincoln-Mercury. He stated that his client has been
experiencing financial difficulties and needs this additional advertig~g space to
increase business; and that the cost of this sign will be shared by a>~and developer
who will use half of the sign for his o~ advertisement on a five-year tradeout.
Co~cilman Herrin stated that the applicant's request for a sign on his own
premises advertising his own business was gramed; that the ~esolution
considered denies only an off-praise sign.
RES. 7 47 ESOnUZ ON 7 47 OF
WATER QUALITY CONTROL COUNCIL OF THE CITY OF ~TA
ANA REQUESTING THE
CALIFORNIA REGIONAL WATER QUALITY CONTROL BO~D, SANTA
REGION, TO ESTABLISH ~D ENFORCE HIGH STAND.DS OF QUALITY
WATER IN THE SANTA ANA RIVER was un~imously adopted, on motion of
Councilman Herrin, ~econded by Councilman Evans.
RES. NOo 5953 PLANNING COMMISSION
CITY PLAN PROPOSITION RESOLUTION NO. 5953
APPROVING CITY PLAN
PROPOSITION was received and ordered filed, on motion of Councilman Markel,
seconded by Councilman Patterson, and unanimously carried.
RES. 71-18 RESOLUTION 71-18 OF THE
SPECIAL ELECTION CITY COUNCIL OF THE CITY
OF SANTA ANA, CALIFORNIA,
APPROVING A GROUP OF MUNICIPAL IMPROVEMENTS AS CONSTITUTING
A CITY PLAN PURSUANT TO THE PROVISIONS OF TITLE 4, DIVISION 4,
CHAPTER 4, ARTICLE 1 OF THE GOVERNMENT CODE OF THE STATE OF
CALIFORNIA was unanimously adopted, on motion of Councilman Patterson,
seconded by Councilman Villa.
RES. 71-19 RESOLUTION 71-19 OF THE
SPECIAL ELECTION CITY COUNCIL OF THE CITY
OF SANTA ANA, CALIFORNIA,
DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY DEMAND
THE ACQUISITION AND CONSTRUCTION OF CERTAIN MUNICIPAL .~
IMPROVEMENTS AND MAKING FINDINGS RELATING THERETO was present~d
for adop*ion. Mr. 3ohn Coil, 2395 North Flower Street, and Mr. Daniel Gallivan,
2215 North Flow~ Street, addressed the Council on behalf of citizens of the ar~a
in regard to Proposition A. They stated they are concerned with the portion of the
bond issue relating to the improvements on Flower Street between 17th Street and
19th Street; they are opposed to the widening of Flower Street, and requested that
it be removed from arterial status and be maintained as a residential street. Their
opposition was based on the probable narrowing of the center median, increased
traffic volume, and inclusion of a left-turn pocket at 17th Street. A petition sigrfed
by 118 residents of the area was presented.
CITY COUNCIL -38-
February 1, 1971
RES, 71-19
SPECIAL ELECTION - (Continued)
The Director of Public Works stated that the ultimate improvement of Flower
Street is a part of the arterial street system. The right-of-way called for in
the Master Plan is the same as it now exists. This improvement would not
involve widening of the existing right-~of-wa~. The plan now is to improve
the intersection at 17th Street.
The consensus of the Council was that constructinn of the left-turn pocket
at 17th Street is an immediate necessity for safety purposes and that improve-
ments between 17th Street and 19th Street could be delayed for further study.
~M,m~ion by Councilman Evans to limit the proposed development of Flower Street
from 1st to 17th Streets was seconded by Councilman Patterson.
After further discussion relating to the possibility of jeopardizing Proposition
A of the bond issue if changes are made at this time, Councilman Patterson
requested an amendment to the motion to read:
Exclude any improvements in Flower Street north of 17th
Street from Proposition A of the bond issue, subject to
the City Attorney's advice that this is not jeopardizing the
entire Proposition A.
Councilman Evans accepted the amendment to his motion, and by common consent
of the Council the amendment was included in thexnaiil motion. Motion carried
on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset
None
None
KECESS
with all Council members present.
At 4:00 PoM., a five-minute
recess was declared. Council
reconvened at 4:10 P. M. ,
1{ES. 71-19
SPECIAL ELECTION - (Continued)
Mr. Don Christeson, Santa Ana Chamber of Commerce, spoke in opposition
to Proposition C and D of the bond issue. Mayor Griset reviewed the four
bond propositions and called for unity~within the city on the bond issue.
Motion by Councilman Patterson to approve Resolution No. 71-19 as amended,
and deleting Section III dealing with Proposition C and deleting Section IV
dealing with Proposition D, was seconded by Councilman Villa and carried on
the following roll call vote:
AYES:
NOES:
ABSENT:
Evans, Patterson, Villa, Yamamoto, Grlset
Herrin, Markel
None
CITY COUNCIL
~39-
F~bruary 1, 1971
RES. 71-19
SPECIAL ELECTION - (Continued)
Preceding the vote on the above motion, a substitute motion proposed by
Councilman Herrin to delete from Proposition B the expenditure which
would be involved in the bond election to develop the park property
acquired by the money which would be raised by the bond sales, died
for lack of a second.
RES. 71-20 RESOLUTION 71-20~OF.
SPECIAL ELECTION THE CITY COUNCIL OF
THE CITY OF SANTA A/NA,
CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE
WRITTEN ARGUMENTS FOR CITY MEASURES was presented. Mayor
Griset requested that each member of the Council participate in arguments
either in favor of or opposed to Propositions A and B. Mrs. Janice Boer,
91Z N. Lowell, Santa Aha, spoke in opposition to the Council appointing
its own members to write both pro and conar~uments, thereby precluding
any citizen from writing an argument either for or against the measures.
The Mayor cited the conditions which apply to arguments for and against
bond propositions, stating that if arguments are received from associations
and individuals, it places the responsibility on the City Clerk to decide which
is the bona fide argument for or agaillst.
On motion of Councilman Patterson, seconded by Councilman Villa, and
unanimously carried, Resolution~I.-20 was approved authorizing Councilman
Herrin to write the argument in favor of Proposition A, with Councilmen
Patterson, Villa, Yamamoto, and Mayor Griset also authorized to sign;
and Councilman Patterson to write the argument in favor of Proposition B,
with Councilmen Evans, Villa, Yamamoto, and Mayor Griset also authorized
to ~ign.
Councilman Patterson's motion, seconded by Councilman Villa, to authorize
Councilman Markel to write the opposition argument to Proposition A, and
Councilman Herrin to write the argument against Propositinn B, carried on
the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Markel, Patterson,
Evans, Yamamoto
None
Villa, Griset
RECESS
all Council members present.
At 5:00 P.M., a five-minute
recess was declared. Council
reconvened at 5:10 P. M., with
CITY COUNCIL
-40-
February 1, 1971
RES. 70-116 RESOLUTION 70-116
ANNEXATION DECLARING THE ANNEXA-
TION OF TERRITORY
DESIGNATED AS "GRO. VEMONT AND GRAND SOUTHEAST ANNEX" was
unanimously adopted on motion of Councilman Patterson, seconded by
Councilman Villa.
LEASE AGREEMENT Termination of the lease
ELKS BUILDING ASSOCIATION agreement dated July 18, 1966,
between the Elks Building
Association of Santa Aha and the City, was authorized and execution by the
Mayor and Clerk of a new lease agreement providing for 30 days notice of
termination, instead of the present 180 days, was approved on the
unanimously carried motion of Councilman Patterson, seconded by Council-
man Her tin.
ORDINANCE NS-1069 ORDINANCE NS-1069
SPF_Xi~LECTION-BOND ISSUE AN ORDINANCE OF THE
CITY OF SANTA ANA
ORDERING, CALLING, PROVIDING FOR AND GIVING NOTICE OF A
SPECIAL ELECTION TO BE HELD IN SAID CITY ON APRIL 6, 1971, FOR
THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID
CITY PROPOSITIONS TO INCUR BONDED INDEBTEDNESS BY SAID CITY
FOR CERTAIN MUNICIPAL IMPROVEMENTS was passed to second reading,
on the unanimously carried motion of Councilman Herrin, seconded by
Councilman Patterson.
AGREEMENT The letter of agreement dated
BOND COUNSEL January 15, 1971, from O'Melveny
and Myers, Attorneys, for the
employment of the firm by the City as bond counsel, to render legal services
in connection with the authorization and issuance of approximately SE1, 900, 000
general obligation bonds of the City, was approved and its terms accepted, on
the unanimously carried motion of Councilman Herrin, seconded by Councilman
Villa.
TOPICS AGREEMENT An agreement between the
State of California, Division
of Highways and the City, for
the preparation of an area-wide TOPICS plan and the construction, maintenance,
and evaluation of TOPICS improvement projects, was approved and its execution
by the Mayor and Clerk was authorized, on the unanimously carried motion of
Councilman Herrin, seconded by Councilman Patterson.
PLANNING COMMISSIQN The Mayor recognized Mr.
PRESENTATION REFORM SUB- Gordon L. Bricken, Chairman
COMMITTEE of the Planning Commis sion.
He stated that he had appointed
a sub-committee to propose to the Commission an improved system of
communication and informational flow among the Planning Department,
Planning Commission, City Council and the public;that the sub-committee members
were John Schilling, Planning Commissioner, who would act as Chairman; Herbert
CITY COUNCIL -41- February 1, 1971
PLANNING COMMISSION
PRESENTATION REFOKM SUB-COMMITTEE - (Continued)
Wieland, Planning Director; James Withers, Assistant City Attorney; and
a Councilman to be appointed by the Council.
Councilman Jerry Patterson was appointed to the sub-committee on the
unanimously carried motion of Councilman Villa, seconded by Councilman
Yamamoto.
ALCOHOLIC BEVEI~AGE It was moved by Councilman
LICENSE APPLICATIONS Herrin, seconded by Council-
man Patterson and unanimously
carried to receive and file the following Alcoholic Beverage License Application:
Stow-A-Way, 308 North Euclid, On Sale Beer,
Person Transfer;
and to instruct the City Attorney to file a protest with the Alcoholic Beverage
Control Board to the issuance of the following licenses:
Smokey's, 4522 Bolsa Avenue, On Sale Beer, Original
application;
NO-JAN~ Inc., 1019 So Fairview Avenue, On Sale
General, 100% Stock Transfer.
The Mayor recognized Mr. Patrick O'Keefe, who presented petitions supporting
the issuance of an Alcoholic Beverage License to Smokey's. The petition,
containing 66 signatures of persons who reside near, or lease property in the
immediate vicinity, were received and filed on the unanimously approved motion
of Councilman Herrin, seconded by Councilman Patterson.
Mr. O~Keefe, representing the applicant, Mr. Virgil Clinger, stated that Mr.
Clinger agrees to consent to a modificatinn of his lease which would provide
that if he uses it as "topless" or "bottomless", he will forfeit the lease; and that
he expects to develop a family bar that will not create any undue police problems.
It was moved by Councilman Herrin, seconded by Councilman Patterson, to
reconsider the motion to protest issuance of an Alcoholic Beverage License
to "Smokey~s", on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Patterson~ Villa
Yamamoto, Griset
None
The instruction to the City Attorney to file a protest with the Alcoholic Beverage
Control Board against the issuance of a license to"Smokey's" was withdrawn
and notice of the application was received and filed on motion of Councilman
Herrin, seconded by Councilman Markel, on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Markel, Patterson, Villa~
Yamamoto, Griset
None
CITY COUNCIL -42- Februaryl, 1971
AGENDA Of{DER Agenda items 39- 52, inclusive,
were deferred to the evening
session, on the unanlmously
approved motion of Councilman Patterson, seconded by Councilman Yamamoto.
i{ECESS At 5:45 Po 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 given by the Reverend Robert Bonhall of the Episcopal Church
of the Messiah.
The Mayor announced that Items 39 through 5E would be considered after the
public hearings.
Councilman Villa noted that Section 2-104 of the Municipal Code states that
no person addressing the Council shall speak more than five (5) minutes on
any subject.
APPEAL 255- CUP 70-14 The public hearing to consider
I{OSE Appeal 255, filed by Eston A.
Rose, appealing the Zoning
Administrator's denial of Conditional Use Permit 70-14 to construct a horse
stable and training ring in the A 1 District at4626 W. Fifth Street, was
opened by the Mayor. The following persons spoke in favor of the appeal:
Mr. Eston A. Rose, 4626 W, Fifth Street, SantaAna;
Mr. Jerry Broderson, 10281 Jennrich, Garden Grove;
Mrs. June kiklns, 10551 W, Hazard, Garden Grove;
Mr. Norman Ferguson, 4918 West 6th Street, Santa Aha;
Mr. Michael Bruce Sholler, 4030 W. Morningside, Santa Aha;
Mrs. Betty Broderick~ Secretary, Corral 76, Santa
Mr. Roger Paquin, 12402 Haster, Garden Grove.
Proponents stated that this is a low-cost place to keep their horses; that
there is an area for their children to ride, keeping them off the streets and
out of less desirable activities; and that many horse-owners would be forc~ed
out of the area and out of Santa A_na tax districts if the permit is denied.
The following persons spoke in opposition to the appeal:
Mr. John Morones, 4613 West Fifth Street, Santa Ana;
Mrs. Houser, 4625 West Fifth Street, Santa Aha;
Mrs. Jo 1V[orones, 4613 West Fifth Street, Santa Aha.
Opposition to the appeal was based on annoyance to the neighborhood, such as
disagreeable odor, flies, possibility of lowered home values, and, danger' of
riding horses on a street where automobile traffic is heavy.
There being no further proponents or opponents, the Mayor declared the public
hearing closed.
CITY COUNCIL -43- February1, 1971
APPEAL 255 - CUP 70-14
I{OSE - (Continued)
The Mayor questioned the applicant as to when his property was an~exed~to
the City of Santa Aha and the number of animals kept on the property at that
time, pointing out that the non-confor~ning use was not illegal as long as
there was no expansion from that time.
In further discussion, it was determined that the stables had been expanded
from approximately 10 animals at time of annexation to 26 horses at the
present time, and that the applicant wishes to exp~nel the operation to 48
horses.
Motion by Councilman Markel to grant this appeal for a period of one year
with the condition that there will be no further ex~nsion, was seconded by
Councilman Herrin. After further ctiscdssion, Councilman Markel withdrew
his motion with the approval of CouncAlman Herrin.
Councilman Evans' motion, seconded by Councilman Markel, to grant Appeal
255, CUP 70-14 with the appropriate conditions as submitted by the staff,
items 1 through 8, with the exception that item 8 should be changed to read
that this Conditional Use Permit shall become null and void one year from
the date of approval, and that not more than 26 horses shall be kept on the
property, carried on the following roll call,vote:
AYES:
NOES:
AB SENT:
Herrin, Evans, Markel, Patterson, Villa
Yamamoto, Grlset
None
APPEAL 257 CUP 70-15 The public hearing to consider
HELEN J. PETE1KSON Appeal 257, filed by Helen J.
Peterson appealing the Zoning
Administrator's denial of CUP 70-15 ~o construct a horse stable in the A 1
District at 4718 W. Fifth Street, was opened by the Mayor. The following
persons spoke in favor of the appeal:
Mr. Oliver Peterson, 4718 W. Fifth Street, Santa Ama;
Mr. Michael Bruce Sholler, 4030 W. Morningside, Santa Aha;
Mr. Jim Linton, 14671 Sail Street, Garden Grove;
Mr. John Gruhler, 4614 V¢. Melric Drive, Santa Aha;
Mr. Jerry Broderson, 10281 Jennrich, Garden Grove;
Mr. Roger Paquin, 12402 Haster, Garden Grove;
Mr. Kichard Barber, 4926 W. Fifth Street, Santa Ana;
Mrs. IViarsha Leescher, 4407 Kegent Drive, Santa Ana;
Mr. Art Madden, 13401 Benton Street, Garden Grove.
Proponents stated that this is a low-cost place to keep their horses; that the
children who are interested in horse-riding are not becoming involved in other
undesirable activities; that as the City annexes areas, operations such as horse
stables and dairies are forced out of business; and that the cost of moving to
other areas would be prohibitive.
CITY COUNCIL -44- Februaryl, 1971
APPEAL 257 - CUP 70-15
HELEN J. PETERSON - (Continued)
The following persons spoke in opposition to the appeal:
Mr. John Morones, 4613 West Fifth Street, Santa A_ua;
Mrs. Houser, 4625 West Fifth Street, Santa Ana;
Mrs. J. Morones, 4613 West Fifth Street, Santa Aha.
Opposition to the appeal was based on annoyance to the neighborhood, such as
disagreeable odor, flies, and Jdanse~ of riding the horses in the street.
There being no further proponents or opponents, the Mayor declared the public
hearing closed.
RECESS
all Council members present.
At 8:40 P. M., a five-minute
recess was declared. The Council
reconvened at 8:50 P.M., with
APPEAL Z57 - CUP 70-15
HELEN J. PETERSON - (Continued)
The Director of Planning reported that the general area in which these stables
are located is undergoing a gradual change; that originally the area was all
agricultural, but is now being used for such purposes as mobile home parks;
and that it is reasonable to assume that within the next few years there will be
further development and improvements to the area. The Zoning Administratoris
recommendation for denial of these appeals was based primarily on the fact that
keeping horses is not a good use so close to residential property. Councilman
Herrin's motion, seconded by Councilman Evans, to uphold the action of the
Zoning Administrator and instruct the City Attorney to prepare a resolution
denying Conditional Use Permit 70-15, carried on th& foll. d{ving roll ~3all vote:
AYES:
NOES:
ABSENT:
Patterson, Villa, Yamamoto, Griset
Serrin, Evans~ Markel
None
APPEAL 255 - CUP 70-14 Councilman Patterson's motion,
ROSE seconded by Councilman Yamamoto,
to reconsider Appeal Z55,
CUP 70-14, because of additional information presented in the staff report,
carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Patterson, Villa, Yamamoto, Griset
Evans, Markel
None
CITY COUNCIL -45- Februaryl, 1971
APPEAL 255- CUP 70-14
ROSE - (Continued)
Councilman Patterson's motion, ,seconded by Councilman Yamamoto, to uphold
the action of the Zoning Administrator and instruct the City Attorney to prepare
a resolution denying Conditional Use Permit 70-14, carried on the following
roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Patterson, Villa, Yamamoto, Griset
Evans, Markel
None
SPECIFIC PLAN STREET The public hearing to consider
ALIGNMENT #40 Specific Plan Street Alignment
#40, MacArthur Boulevard
between Greenville and Bristol, was opened by the Mayor. The Director of
Planning reported on the alignment, and there being no proponents or opponents,
the hearing was closed by the Mayor.
Motion by Councilman Herrin. seconded by Councilman Patterson, to approve
the proposed street alignment and instruct the City Attorney to prepare an
ordinance amending the Code, carried on the followlng roll call vote:
AYES:
NOES:
ABSENT:
Herrin~ Evans, Markel, Patterson, Villa, Yamamoto, Griset
None
None
RECESS
with all Council members present.
At 9:25 P. M. , a five-minute
recess was declared. The
Council reconvened at 9:30 P.M.,
ARBOR DAY PROGRAM The written request dated
January 22, 1971, from Mrs.
Weston Walker, Executive
Secretary, Lo I. S. A. , for permission and approval to co-sponsor with the
Recreation & Park Department an ARBOR I)AY program on Wednesday,
March 3, 1971, 10:30 AoMo, at Centennial Park, was granted, on motion of
Councilman Herrin, seconded by Councilman Patterson and unanimously
carried°
CITY OF WESTMINSTER Letter from Mayor Derek
C. McWhinney requesting
support of state legislation to
relieve the fiscal crisis of California cities, was received and ordered filed,
on motinn of Councilman Patterson, seconded by Councilman Markel, and
unanimously carried.
CITY COUNCIL
-46-
February 1, 1971
SOLICITATION APPLICATIONS The Solicitation Application filed
by the Orange County Chapter
American Red Cross, Santa Aha,
personal contact and mail for Red Cross annual campaign from March 1-31, 1971
%vas unanimously approved on motion of Councilman Herrin, seconded by
Councilman YamamOtOo The followimg Solicitation Applications were approved
unanimously on motion of Councilman Herrin, seconded by Councilman Patterson:
Human Outreach Counsel, Santa Ana~ telephone and direct
:bu~.iness contacts for expanding facilities for Drug Abuse
Rehabilitation Program, February Z - April Z, 1971.
Girls Club of Garden Grove~ Inco, 1136Z Stanford, Garden
Grove, door-to-door commercial areas~ to purchase
program supplies for Gi~ls Club, February Z - 13, 1971.
TRAFFIC The report of control devices
removed or installed January
13, 1971 through January 27, 1971,
was received and ordered filed~ on ~'no~ion of Councilman Herrin, seconded by
Councilman Patterson and unanimously carried°
Mayor Griset requested permission to leave the Council Chambers during the
next order of business due to a conflict of imterest. Vice Mayor Herrin presided.
VARIANCE AND CONDITIONAL Council members present
USE PERMIT unanimously adopted the
findings of fact, conclusions
and decisions of the Planning Commission or Zoning Administrator as action
of the City Council on the following applications, on motion of Councilman
Patterson~ seconded by Councilman Yamarnoto:
CUP 69-16, DR. HERMAN BASLER - To construct a ten
story, 110~ high convalescent home in the P District, at
1111 No Broadwa~; APPROVED;
VA 70-78, COMMUNITY PSYCHIATRIC CENTERS - To
exp~nd an existing psychiatric hospital in the A 1 District,
at 2204 Eo Fourth Street, APPROVED.
Mayor Griset returned to the meeting.
FINANCIAL STATEMENT Letter and financial statement,
from Diehl, Evans and Company,
for the three month period
ending September 30~ 1970, were received and ordered filed on motion of
Councilman Evans~ seconded by Councilman Villa and unanimously carried.
CITY COUNCIL
-47-
February 1, 1971
SCHOOL CROSSING GUARD Staff report dated January 14, 1971,
POLICY regarding School Crossing Guard
Policy was received and ordered
filed on motion of Councilman Evans~ seconded by Councilman Patterson, and
carried on a 6 - 1 vote, Councilman Villa voting NO,
DEEDS - NO CASH On motion of Councilman Herrin,
GRANTEE, CITY seconded by Councilman Evans,
and unanimously carried, Council
ordered filed the report of No-Cash Deeds accepted by the City Manager pursuant
to Resolution No. 69-156, from January 18, 1971 through January Z6, 1971,
inclu s ire.
DEEDS - WITH CASH It was moved by Councilman
GRANTEE, CITY Herrin~ seconded by Councilman
Patterson, and unanimously
carried~ to approve the following deed and authorize execution of the escrow by
the Mayor:
Huntzinger~ west side of Center, south of Monta Vista,
park purposes.
DEEDS - NO CASH It was moved by Councilman
GRANTOR, CITY Herrin~ seconded by Councilman
Patterson~ and unanimously
carried~ to approve the following deed and authorize its execution by the Mayor
and Clerk:
Various Ov~ners of Record - Vehicular Access Rights, south
side of Seventeenth Street~ west of Maburyo
CONGRESSIONAL - CITY Councilman Villa requested a
CONFERENCE canvass of the City Council
regarding attendance at the
Congressional-City Conference sponsored by the National League of Cities
and the U. So Conference of IV~ayors, March Z1 - 23, 1971~ in Washingfon,
Do Co The following Council members requested registration: Markel~
Patterson~ Villa~ Griset and Yamamoto.
POLICE DEPARTMENT Councilman Evans noted an
4-DAY WORK WEEK article from The Los Angeles
Times, concerning the Long
Beach Police Department where a 4-day work week is being tested and
requested the staff to submit a brief report on the program at the next Council
meeting°
CITY COUNCIL -48- Februaryl, 1971
BOOK STORES Councilman Yamamoto mentioned
a project he is working on
with the Police Department to
close certain book stores in the City. The City Attorney stated that research
is being conducted at the present tirn-e regarding designation of those within
the definition of adult book stores requiring Conditional Use Permits.
GENERAL MUNICIPAL ELECTION Mrs. Janice Boer, 912 N. Lowell,
stated her objection to the
Council's action, at its last meeting,
setting the $100. O0 deposit for printing and mailing candidate's Statements of
Qualifications because the City will be required to pay any additional costs
involved. She objected further to the fact that several Statements of Qualifications
of candidates had been typed by personnel in the office of the Clerk and requested
that those Statements be withdrawn because, in her opinion, they were not the
original Statements of the candidates. In further discussion, it was established
that each candidate had signed his typewritten Statement and that the Statements
had been typed to ensure their legibility for printing.
The City Attorney stated that he found no basis in the Election Code for withdrawing
the Statements as requested.
Councilman Villa's motion to adjourn the meeting at 10:15 P.M., failed on the
following roll call vote:
AYES:
NOES:
ABSENT:
Villa, Yamamoto, Griset
Herrin, Evans, Markel, Patterson
None
Councilman Villa left the Council Chambers at 10:20 P.M.
It was the consensus of the Council members present that there was no reason
to disqualify any statement of ~%lalification unless the candidate objected to it.
ADJOURNMENT The meeting was adjourned at
10:30 P.M., on motion of
Councilman Herrin, seconded
by Councilman Yamamoto and unanimously carried.
Florence I. Malone
Clerk of the Council
CITY COUNCIL -49- February 1, 1971