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02-16-1971
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA February 16, 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 I-Ierrin, Vernon S. Evans, J. Ogden Markel, 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 l{onald Wolford, Senior Planner Charles C. Zimmerman, and Clerk of the Council Florence I. Malone. Councilmen Jerry M. Patterson arrived at 2:15 P.M. MINUTES man Herrin, The Minutes of the Regular Meeting of Februaryl, 1971 were approved as submitted, on motion of Council- seconded by Councilman Yamamoto, and unanimously carried, PROJECT 6037 On motion of Councilman Evans, CONCRETE WALL IN seconded by Councilman Herrin and CENTENNIAL PA/{K unanimously carried, Council ordered filed report of bids received for Project 6037, to construct a concrete block wall in Centennial Park; awarded contract to the Iow bidder, Bledsoe Construction Company; and rejected all other bids. PROJECT 6038 On motion of Councilman Evans, GKADING IN WESTWOOD PARK seconded by Councilman Yamamoto and unanimous ky carried, Council ordered filed report of bids received for Project 6038, to perform grading in Westwood Park; and awarded contract to the only bidder, Dan J. Peterson Company. Councilman JerryM. Patterson arrived. SPEC. 641-207 Council ordered filed report of bids 1971 STATION WAGON received for Specification 641-207, one four-door station wagon, 1971; awarded contract to the low bidder, Guaranty Chevrolet Motors, Inc.; and rejected all other bids, on motion of Councilman Herrin, seconded by Councilman Yamamoto, and unanimously carried. CITY COUNCIL -50- February 16, 1971 SPEC. 641-Z18 Councilman Evans requested POLICE CARS clarification of the staff recommendation, and the Purchasing & Property Control Officer stated that specifications call for a particular type of alternator/regulator in police cars; and that the recommendation was made on the basis of the lowest bid complying with specifications. On motion of Councilman Evans, seconded by Councilman Yamamoto and unanimously carried, Council ordered filed report of bids received for Specification 641-218, sixteen police cars--13 black and white, 3 plain, plus five additional black and white, total 21 cars; awarded contract to the low bidder complying with specifications, Monte E. Peters; and rejected all other bids. SPEC. 641-Z19 Council ordered filed report TRUCK AND CRANE of bids received for Specification 641-219, one truck and crane; awarded contract to the low bidder, International Harvester; and rejected all other bids, on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried. SPEC. 641-220 On motion of Councilman Evans, 1971 PICKUP seconded by Councilman Herrin and unanimously carried, Council ordered filed report of bids received for Specification 641-220, one 1971 E1 Camino Pickup; awarded contract $o low bidder, Guaranty Chevrolet Motors, Inc.; and rejected all other bids. SPEC. 641-221 On motion of Councilman Herrin, 1971 VAN seconded by Councilman Villa and unanimously cart%ed, Council ordered filed report of bids received for Specification 641-221, one 1971 Model Van; awarded contract to low bidder, Guaranty Chevrolet l~otors, Inc.; and rejected all other bids. SPEC. 641-222 On motion of Councilman Evans, 1971 VAN seconded by Councilman Yamamoto, and unanimously carried, Council ordered filed report of bids received for Specification 641-222, one Van Truck, 1971 Model; awarded contract to low bidder, Guaranty Chevrolet Motors, Inc.; and rejected all other bids. SPEC. 641-223 On motion of Councilman Herrin, 1971 4-DOOR SEDANS seconded by Councilman Yamamoto, and unanimously carried, Council ordered filed report of bids received for Specification 641-223, four 1971 4-door Sedans; awarded contract to low bidder, Guaranty Chevrolet Motors, Inc.; and rejected all other bids. CITY COUNCIL -51- February 16, 1971 SPEC. 641-224 Council ordered filed report of 1971 STATION WAGON bids received for Specification 641-224, one 1971 Model Station Wagon; awarded contract to the low bidder, Guaranty Chevrolet Motors, Inc.; and rejected all other bids, on motion o£ Councilman Serriu, seconded by Councilman Patterson, and unanimously carried° SPEC. 641-227 Council ordered filed report of SOLO MOTORCYCLES bids received for Specification 641-227, two Solo Motorcycles; awarded contract to the only bidder, Harley-Davidson Motors, on motion of ~ouncilman Herrln, seconded by Councilman Evans, and unanimously carried. BID CALLS On motion of Councilman Patterson, seconded by Councilman Yarnamoto, and unanimously carried, Council approved plans and specifications and authorized advertising for bids on the following: (a) Project 13ZZA - To construct concrete box culvert and outlet structure in.F-01 Ghannel~at Flower Street north of Sunflower Avenue, opening March 29, 1971. (b) Project Z0ZZ - Reconstruct Standard Avenue from Chestnut Avenue to First Street and Ritchey Street from McFadden Avenue to A. T. S. F. Railroad, opening March 29, 1971. (c) Project 6039 - To construct concrete sidewalks and asphaltic concrete parking lot in Westwood Park, opening March 29, 1971o (d) Project 6040 - To construct sprinkler system in Westwood Park, opening March 29, 1971o READING WAIVED On motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried, the full reading of ordinances and resolutions, the titles of which appeared on the public Agenda, was waived. ORD, NS-1068 - A. Ac 679 O/{DINANCE NS-1068 CHANGING DISTRICT" CLASSIFICATION ON AM~INDMENT APPLICATION 679 INITIATED BY THE SANTA ANA PLANNING COMMISSION AND AMENDING SECTIONAL DISTRICT MAPS 13-5-10 AND 24-5-10 (EXHIBIT AA 679 B) was adopted, on motion of Councilman Herrin, seconded by Councilman Patterson, on the following roll call vote: AYES: Herrin, Evans, Markel, Patterson~ Villa~ Yamamoto, Griset NOES: None ABSENT: None CITY COUNCIL -52- February 16, 1971 ORD. NS-1069 ORDINANCE NS-1069 OF SPECIAL ELECTION THE CITY COUNCIL OF THE CITY OF SANTA A/WA, CALIFORNIA, 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 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 None None ORD. NS-1070 ORDINANCE NS-1070 AMENDING STREET ALIGNMENT THE SANTA AIWA MUNICIPAL CODE BY ADDING SECTION 41-74Z RELATING TO SPECIFIC PLANS FOR STREET ALIGNMENT (MacArthur Boulevard between Greenville and Bristol) was passed to second reading, on motion of Councilman Evans, seconded by Councilman Patterson, and unanimously carried. ORD. NS-1071 ORDINANCE NS-1071 AMENDING ON-SALE LIQUOR AND BEER THE SANTA ANA MUNICIPAL CODE BY AMENDING SECTIONS 41-395 AND 41-412 OF CHAPTER 41 THEREOF PERTAINING TO ON-SALE LIQUOR AND BEER ESTABLISHMENTS was passed to second reading, on motion of Councilman Herrin, seconded by Councilman Markel, and unanimously carried. ORD. NS-107Z ORDINANCE NS-107Z AMENDING ON-SALE LIQUOR AND BEER THE SANTA ANA MUNICIPAL CODE BY AiVIENDING SECTION 41-12 (a) THERE'OF PERTAINING TO ON-SALE LIQUOR AND BEER ESTABLISHMENTS was ordered deleted from the Agenda at the request of the City Attorney. RES. 71-16 RESOLUTION 71-16 AUTHORIZING SANTIAGO COOPERATIVE THE EXECUTION OF A JOINT LIBRARY SYSTEM POWERS AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE EXISTING MEMBERS OF THE SANTIAGO COOPERATIVE LIBRARY SYSTEM was adopted, on motion of Councilman Patterson, seconded by Councilman Villa, and carried unanimously. CITY COUNCIL -53- February 16, 1971 RES. 71-Zl RESOLUTION 71-Zl AFFIRMING PETERSON THE DECISION OF THE ZONING ADMINISTRATOR AND DENYING APPEAL ON APPEAL APPLICATION 257 FILED BY HELEN J. PETERSON. RES. 71-ZZ RESOLUTION 71-ZZ AFFIRMING ROSE THE DECISION OF THE ZONING ADMINISTRATOR AND DENYING APPEAL ON APPEAL APPLICATION 255 FILED BY ESTON A. ROSE. Resolutions 7L.-21 and 71-Z2 were considered in one action. The Mayor recognized Mr. Dale Heinly who was representing Eston A. Rose. He stated that it appeared that both the Peterson and Rose applications were denied based on the fact of an urban change of the general use of property in the area; that the developers of the trailer park in the area have no objection to the continued use of the Peterson and Rose property as horse stables. He requested a continuation of the Rose appeal for two weeks in order that the developers of the trailer park may appear on behalf of the applicant. He also stated that horse stables do not appear to be an inconsistent use in an agricultural zone; that his client has received a letter from the City of Santa Aha ordering all structures to be removed from the property no later than February 24, 1971; that this is insufficient time for such action; and that at the time of annexation to the City, Mr. Rose was informed that the existing land use would be permitted to continue. Mayor Griset stated that his position has been to protect a pre-existing use of the land, but that he would oppose any expansion of an illegal non-conforming use. The Senior Planner verified that under the General Plan there is no projection for further agric~lltural use in the areas where the Rose and Peterson stables are located. Councilman Patterson was opposed to a commercial-type stable where private stables are leasedmut to other people. Councilman Evans stated that his support of the appeal was based on the fact that at the end of one year they would have to move out. This would give the people an opportunity to go elsewhere and find some place to put their horses. Motion of Councilman Villa, seconded by Councilman Evans, to ta, ble these Resolutions until the next Council meeting on March 1, 1971, in order to give the applicants an opportunity to present additional testimony on the matters, carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Villa, Yamamoto Griset None RES. 71-23 RESOLUTION 71-Z3 APPROVING MAP AND DECLARING INTENTION TO VACATE A PORTION OF GRAND AVENUE, SOUTH OF GROVEMONT STREET, AND GIVING NOTICE OF HEARING THEREON was approved, and March 15, 1971, at 7:30 P.M., in the Council Chambers, City Hall Annex, 500 West Sixth Street, Santa Aha, California, was set as the time and place for hearing all persons interested in or objecting to said proposed street vacation, on motion of Coupcilman Herrin, seconded by Councilman Patterson, and unanimously carried. CITY COUNCIL -54- February 16, 1971 COVENANT A convenant, dated February 1, 1971, VICTOR VACA AND binding properties owned by Victor LOUISE MARGARET VACA and Louise Margaret Vaca and Maria M. Vaca and terminating their residential use on or before October 31, 1982, was approved and its execution by the City Manager was authorized, on motion of Councilman Herrin, seconded by Councilman Villa, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Villa, Yamamoto, Griset Markel None CIVIC CENTER PLAZA Agreement between the County of OF THE FOUNTAINS Orange, the Orange County Civic Center Authority, and the City of Santa Ana for the Contract Administration and Funding of the Plaza of the Fountains project in the Orange County Civic Center, was approved, and its execution by the Mayor and Clerk authorized, on motion of Councilman Villa, seconded by Councilman Yamamoto, on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Villa, Yamamoto, Griset Markel None LATE CLAIM Application for permission to file late claim against the City of Santa Aha for damages resulting from an accident on February 11, 1970, was denied on motion of Councilman I-Ierrln, seconded by Councilman Villa, and unanimously carried. LOCAL AGENCY Letter from Richard T. Turner, FORMATION COMMISSION Executive Officer, Local Agency Formation Commission, to the City of Santa Ana, concerning a Program for Establishing Spheres of Influence for Orange County Cities was discussed, as it related to the Orange County Board of Supervisors' recent approval of proposed boundaries for the City of Irvine. Mr. S.C. Weller, resident of Irvine, Tur~tl~ Rock Broadmoor, and member of the Council of Communities of Irvine, filed a letter dated February 16, from John Burton, Chairman of the Council of Communities of Irvine, pledging cooperation in solving mutual problems and expressing approval of the Local Agency Formation Commissions' decision to proceed with the incorporation of the City of Irvine. The Mayor and administrative staff, conjunctively, were instructed to draft a ~. letter to the Local Agency Formation Commission, requesting reconsideration of the entire matter of the incorporation of the City of Irvine and in particular the extent of the boundaries of the proposed City with respect to this City's agreement dated May 20, 1965, with the Irvine Corporation regarding annexatinn of 923 acres of industrial property within those boundaries, on the unanimously carried motion of Councilman Patterson, seconded by Councilman Villa. CITY COUNCIL -55- February 16, 1971 RECESS with all Council members present. At 3:15 P. Nl., a five-minute recess was declared. The Council reconvened at 3:30 P. ALCOHOLIC BEVERAGE It was moved by Councilman LICENSE APPLICATIONS Herrin, and seconded by Councilman Yarnamoto to receive and file the following Alcoholic Beverage License Applications: Tampico, 202 N. Grand, On Sale Beer, New Application; Letson, Constance 1{o, 1815 S. Main, On Sale Beer., Person Transfer; The PIalladay, 604 E. Dyer, On Sale Beer, New Original; and to instruct the City Attorney to file a protest with the Alcoholic Beverage Control Board to the issuance of the following licenses: The Spo~rtsrnan, 4406 W. Bolsa, On Sale Beer, New Original Transfer; Showroom, 2509 $. Main, On Sale Beer & Wine, Person Trmnsfer; - Pizza Inn, 2309 AL Tustin, On Sale Beer & Wine, Original Application. The Mayor recognized Mr. Charles G. Schlegel, Attorney, 433 Civic Center Drive West, Santa Ana, representing Mr. John Morrill, who has leased The Sportsman. He stated that Mr. Morrill has owned several eminently successful businesses; that he has never had police problems, any kind of unsavory activity, etc.; and that he does not intend to operate a "topless" or "bottomless" bar. Mr. Schlegel also stated that the o-amers of the building, Mr. and IV[rs. P£irrmann have owned and leased this building as a Beer Bar since 1963, with no problems except for the last tenant. He stated that there is a Superior Court order containing ~ stipulatlon regarding permanent cessation of the "topless-bottomless" type of activity; that prior to leasing the property to lvir. Morrill, the Pfirrmanns' negotiated a letter which provided that a violation of the Court order would be a violation of the lease; and that they have received the District Attorney's approval of the agreement. Councilman Herrin withdrew his motion with the consent of the second, It was moved by Councilman Herrin, seconded by Councilman Patterson to receive and file the following Alcoholic Beverage License Applications: The Sportsman, 4406 W. Bolsa, On Sale Beer, New Orig~_nal Transfer; Tampico, 202 N. Grand, On Sale Beer, New Application; Letson, Constance K., 1815 S. Main, On Sale Beer, Person Transfer; The Plalladay, 604 E. Dyer, On Sale Beer, New Original; and to instruct the City Attorney to file a protest with the Alcoholic Beverage Control Board to the issuance of the following licenses: Showroom, 2509 S. Main, On Sale Beer & Wine, Person Transfer; Pizza Inn, 2309 N. Tustin, On Sale Beer & Wine, Original Application. Motion carried on the following ~roll call vote: AYES: Herrin, Evans, Markel, Patterson, Villa NOES: Yamamoto, Griset ABSENT: None CITY COUNCIL -56- February 16, 1971 TKAFFIC The report of control devices removed or installed January 26 through February 10, 1971, was received and ordered filed, on motion of Councilman Herrin, seconded by Councilman Patterson, and unanL-nously carried. VARIANCE AND CONDITIONAL Council unanimously adopted USE PERMIT the findings of fact, conclusions and decisions of the Planning Commission or Zoning Administrator as action of the City Council on the following application, on motion of Counc/lman Patterson, seconded by Councilman Her rin: VA 70-82, HUGH H. FOREMAN, JACK N. HALL- To convert an attached ~arage into office space in the R 1 B District at 2530 N. Glassell, APPROVED. Variance Application 70-69, filed by Howard B. Lawson, to construct a 65- unit mobile home park in the R i District at 2750 N. Santiago Avenue, was discussed by the City Manager, who indicated that a problem exists in connection with approval of this application due to the uncertainty of construction of Lawson Way north to Town and Country Road, and then northerly to the Freeway. This matter is also related to the extension of Memory Lane east to G1asse11 Avenue in Orange, and the possibility of potential on and off ramps at junction of Lawson Way and the Freeway. Motion of Councilman Herrin, seconded by Councilman Markel, to delay indefinltely action on Variance Application 70-69 until the street problems are resolved, and that the matter be referred to Staff for further study and action, carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset None None Council members unanimously adopted the findings of fact, conclusions and -deciiions of the Planning Commission or Zoning Administrator as action of the City Council on the following applicatlons, on motion of Councilman Herrin, seconded by Councilman Markel, and carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Villa, Griset Patterson, Yamamoto None VA 70-79, EQUITY INVESTMENTS CORP. /SWAN CONSTRUCTORS, INC. , - To utilize two identlfication-directional signs for an additional twelve months at 521 N. Tustin~Avenue; APPROVED. VA 70-80, EQUITY INVESTMENTS CORP. /SWAIN CONSTRUCTORS, INC. , - To continue using a temporary identification-directlonal sign at Z901 N. Bristol Street; APPROVED. CITY COUNCIL -57- February 16, 1971 RECESS with all Council members present. At 4:20 P.M., a five-minute recess was declared. The Council reconvened at 4:30 P.M., SOLICITATION APPLICATION The following Solicitation Application was approved unanimously on motion of Councilman Herrin, seconded by Councilman Yarnamoto: Children's Asthma Research Institute & Hospital, Costa Mesa, door-to-door solicitation and canister placement in local stores, March i - 31, 1971. COMMUNITY ACTION COUNCIL The City Manager spoke in com~ ecti0n with the Community Action Council's request for financial assistance from the Cit. y of Santa Ana. He stated that the Community Action Council in Orange County has two problems confronting them: the lack of money to do many things they felt were a portion of their obligation; and they felt it was necessary to put a considerable p©¢tion of their money together to make certain investigative reports and analyses in order to make possible the expansion, increasing the effectiveness of their program, and to Obtain further funding from the Federal government for such program. In view of these circum- stances, they would not be able to support all of the costs of the Community Centers (Logan, Delhi and one in the Southwest Central Area) which have been supported and operated by the Community Action Council in the City of Santa Aha. Carlos Ramos, Executive Director of the COmmunity Action Council, stated he had no other sources of revenue for his program, and he felt it was an opportunity for the City of Santa Aha to assist in the continuance of the Community CenterS, which primarily serves people with economic and social problems. He:Stated the Community Action Council is requesting approxi~nately $10,000 on an annual basis. Further discussion concerned the total revenue required, other sources of income, the Community Action Council's relation to the City's Community Relations organization, and possible methods of contribution if the assistance is approved. It was moved by Councilman Villa, seconded by Councilman Yamamoto, that the City engage in support of the Community Multi-Purpose Centers in the amount of $20,77Z., annually:prorated through 3une 30, 1971, with matching funds from the Community Action Council and that the City's Community Relations office act as the coordinator for fiscal responsibility and efficiency. The motion failed on the following roll call vote: AYES: NOES: ABSENT: Patterson, Villa, Yamamoto Herrin, Evans, Markel, Griset None CITY COUNCIL -58- February 16, 1971 COMMUNITY ACTION COUNCIL - (Continued) The same motion by Councilman Patterson, seconded by Councilman Villa, except for a reduction in the funds to 75 percent of $20, 772 annually, failed on the following roll call vote: AYES: NOES: ABSENT: Patterson, Villa, Yamamoto Herrin, Evans, Markel, Griset None It was moved by Councilrnan Yamamoto, seconded by C~pncilman Villa, that the City engage in support of the Community Multi-Purpose Centers in the amount of $10,586.00, annually, prorated through June 30, 1971, with matching funds from the Community Action Council and that the City's Community Relations office act as the coordinator for fiscal responsibility and efficiency, carried on the following roll call vote: AYES: NOES: A.BSENT: Evans, Patterson, Villa, Yamamoto, Griset Herrin, Markel None AGENDA ORDER Agenda items 47-57, inclusive, were deferred to the evening session, on the unanimously approved motion of Councilman Herrin, seconded by Councilman Yamamoto. RECESS At 5:35 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 given by the Reverend Gerald Bash of the First Christian Church. PUBLIC HEARING The Mayor opened the public SUBDIVISION ORDINANCE hearing to consider Planning REVISION Commission Resolution No. 5954 amending Chapter 34 of the Santa Aha Municipal Code pertaining to time limits for approval, parcel map and subdivision map procedures. There were no proponents or opponents, and the Clerk reported that no written communication~ had been received on the matter. The Mayor declared the ~)ubl£c h~ari~ig closed. Councilman Markel~s motion, seconded by Councilman Herrin, to approve Planning Commission Resolution No. 5954 and instruct the City Attorney to prepare an Ordinance amending Chapter 34 of the Municipal Code accordingly, carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset None None CITY COUNCIL -59- February 16, 1971 PUBLIC HEAl{lNG The Director of Public Works APPEAL NO. 259, VA 70-83 reported as follows on the GEOI{GE A. PICKELHELMER conditions of approval 8, 9, 10 and 11 of Variance Application 70-83 which were appealed by the applicant on the basis of financial problems: Condition 8: This would require no outlay of, cash on the part of the developer; it requires only a signature to a deed of dedication. Condition 9: One way this could be approached is to require each parcel to provide a street light. We try to prorate the cost so that eventually, when the Edison system goes underground, funds will be available from all the property owners; in this case the to~l cost to the applicant is $99.90. Condition 10: The Public Works Department's position is that this condition cannot be waived because it is required by the Municipal Code. The approximate cost to the applicant would be $405. for the front water main, plus whatever side service he requires. Condition 11: The sidewalk could be installed now, but it freight be difficult to get it to fit the future curb grade when Harbor Boulevard4s widened; a bond may be posted now, which the Public Works Department estimates will approximate $400.0o. The Public Works Director stated that the estimated total outlay of cash for the applicant'would be $500 to cover the four conditions appealed; that this should not pose a financial burden for the property owner. The public hearing was opened by the Mayor. Mr. George Pickelheimer, 1122 North Harbor, Santa Ana, was present to represent the owner of the property, Mae A. Bull. He stated that the reason for the appeal of these four conditions was that the cost of these conditions in addition to the cost of other conditions which he is not appealing will create a financial problem. Mrs. Mae A. Bull also spoke, ~ating that the sidewalk requirement was appealed because there is presently black top all the way to the curb. The Clerk reported there were no written communications received on the matter and there being no further proponents or opponents, the Mayor declared the public hearing closed. Councilman Patterson's motion, seconded by Councilman Markel, to uphold the action of the Planning Commission and instruct the City Attorney to prepare a Resolution denying Appeal No. 259 on Variance Application 70-83, carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Markel, Patterson, Villa, G~iset Evans, Y~mamoto None CITY COUNCIL -60- February 16, 1971 PUBLIC PROPERTY USE Application for Special License to Use Public Property, filed by the Orange County Model-'T Club, to use the area east of ColT&munity Center Building and extending east on parking area, on Sunday~ May 2, 1971, 6:30 A. lvi., to 5:00 P. lVi., for exchange meet limitedto antique car parts, primarilyModel-T Ford accessories, was approved on motion of Councilman Herrin, seconded by Councilman Patterson and unanimously carried. 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. This matter was postponed from the February 1, 1971, meeting. Mayor Griset read a Notice of Resolution filed by the Chamber of Commerce dated February lZ, 1971, concerning this matter, and opened the public hearing. Mr. Don Christeson, President of the Santa Ana Chamber of Commerce, and Mr. Royce Coln, representing the Building Industry Association of California, spoke in opposition to this ordinance. Opposition was based primarily on the amount of the increase in fees; both opponents stated that they felt a 57% increase at this time would bring the assessment to 50"/0 of present-day costs and would be acceptable; that any greater increase in fees would detract from the desirability of future development in the City of Santa Ana; that new developers should not be required to contribute to general drainage assessments on already developed land in addition to their own portion of costs on new constructinn. Mr, Andrew Kral~pman also spoke in favor of the Chamber of Commerce and Building Industry Association's position, stating that it must be kept in mind that a drainage fee is not a tax on a developer, but actually a levy on certain elements of Santa Ana's population. Councilman Evans' motion to continue this matter to the next Council meeting, instructing the City Attorney to revise the Ordinance to reflect a 57% increase in fees based on Column #3 of the Drainage Assessment Fee report, was seconded by Councilman Yamamoto. RECESS all Council members present. At 9:10 P. A/., a five-minute recess was declared. The meeting reconvenedat 9:Z0 P.M., with ORD. NS~1067 DRAINAGE ASSESSMENT FEES - (Continued) The following persons also spoke in opposition to the ordinance, the increase in fees was excessive: stating they felt Mr. Art Weaver, Vice President, B.J. Fibres, Inc., 2701S. Bi~ch; Mr. Van Stevens, 1840 E. 17th Street; Mr. Robert Fair, Board of Directors~ Orange County Apartment House Association. Mr. Loran Norton, 193Z Griset, requested clarification as to how this Ordinance would affect the tax rate; the City Manager estimated less than 10~ over a ten-year period. CITY COUNCIL -61- February 16, 1971 ORD. NS-1067 DRAINAGE ASSESSMENT FEES - (Continued) Mrs. Thomas Kearney, 901 Mirasol, and Mrs. Leona Gable, 913 Dayna Street, spoke in favor of the developer being assessed 100% of the drainage fee. There being no further proponents or opponents, the Mayor declared the public hearing closed. Councilman Patterson requested that the motion be amended to establish the assessment increase in Ordinance NS-1067 at the 57% level, and to pass the amended ordinance to second reading. Councilmen Evans and Yamamoto accepted this amendment and the motion carried on the following roll call vote: AYES: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset NOES: None ABSENT: None Councilman Patterson's motion, seconded by Councilman Villa, that drainage acreage assessment fees and any other charge incurred of a similar naturei be reviewed annually by the City Council, was unanimously carried. BUDGET REVISIONS FOR Councilman Markel's motion to 1970-1971 defer consideration of this budget revision to the next Council meeting in order to give the Council members additional time to review the report, was seconded by Councilman Evans~ and carried on the following roll call vote: AYES: Herrin, Evans, Markel, Patterson, Yamamoto, Griset NOES: Villa ABSENT: None ZONING NOTIFICATK)N Request from Robert M. Wilson, Mayor, City of Costa Mesa, for notification of zoning action along mutual boundaries was received and ordered filed on motion of Councilman Herrin, seconded by Councilman Villa, and carried on a 5-Z vote, Councilmen Patterson and Evans voting NO. BARTON-ASCPIMAN ASSOCIATES, INC. Report of recommendations for the development of the City of Irvine prepared by Barton-Aschman Associates, was received and ordered filed on motion of Councilman Herrin, seconded by Councilman Evans and unanimously carried. CITY COUNCIL -62- February 16, 1971 MANPOWER TRAINING PROGRAM It was moved by Council- man Evans, seconded by Councilman Patterson, that the temporary use of five offices in the Community Center Building for a Manpower Training project directed by Mr. Robert Byron be extended to April 2, 1971. After that date the applicant shall pay a monthly rental of $175 and shall be required to execute the City standard lease, so that the City will be held harmless from acts of the tenant. The motion carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Villa, Yamamoto, Griset Markel None TENTATIVE PARCEL Tentative Parcel Map MAP 686 686, filed by Eilert and Wilma Voge, creating two (2) M 1 parcels located generally on the east side of Main Street 150 feet north of Stevens Avenue, was approved, subject to conditions in Planning Director's report dated February 9, 1971, and illey requirement was waived, on motion of Councilman Herrin, seconded by Councilman Yamamoto, and carried unanimously.~ DEEDS - NO CASH On motion of Council- GRANTEE, CITY man Her=in, seconded by Councilman Patterson, and unanimously carried, Council ordered filed the report of No-Cash Deeds accepted by the City Manager pursuant to Resblution No. 69:156, from January 27, 1971 through February 9, 1971, inclusive. DEEDS - WITH CASH It was moved by Council- GRANTEE, CITY man Herrin, seconded by Councilman Patterson, to approve the following deed and authorize execution of the escrow by the Mayor: MENDOZA, north side of First Street, east of Forest, street purposes. Motion carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Villa, Markel None Yamamoto, Griset GENERAL PLAN AIVIENDMENT Councilman Villa's MEMORY LANE EXTENSION motion to defer action on the Planning Commission report on the proposed amendment to the General Plan, Streets and Highways Element, for the extension of Memory Lane from Santiago Street immediately north of Santiago Creek to G1asse11 Avenue {Alternate No. V), to March 15, pending further report from the staff, was seconded by Councilman Markel. CITY COUNCIL -63- February 16, 1971 GENERAL PLAN AMENDMENT MEMORY LANE EXTENSION ~ (Continued) It was moved by Councilman Patterson, seconded by Councilman Evans, to amend the previous motion to table indefinitely any action on the proposed amendment to the General Plan. The motion carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Patterson, Griset Markel, Villa, Yamamoto None i{EIMBURSEMENTS authorized the following reimbureements: On motion of Councilman Herrin, seconded by Councilman Evans, and unanirnously carried, Council Park Terrace Fund Ltd., for street improvements on the south side of First Street, 1354' to 661' west of Harbor Blvd., in exchange for dedication to ultimate, in the amount of $7,849.00. National Land Development Company, for street improvements on the east side of Glasse11 Street from 694' to 1471' south of Fairhaven Avenue in exchange for ultimate dedication in the amount of $3,890.00. M 1 ZONING STANDARDS On motion of Councilman Evans, seconded by Councilman Herrin, and unanimously carried, the written request dated February 3, 1971, fromSegerstrom Industrial District for amendment to M 1 Zoning Ordinance was referred to the Planning Commission as recommended in the City Manager's report dated February 10, 1971. SPECIAL ELECTION Councilman Patterson stated BOND ISSUES that he had drafted an argument in favor of Proposition B, Park Bond Proposal, and requested that the Councilmen who will sign it review it and return with their approval and/or comments. SUBCOMMITTEE ON Councilman Patterson's motion, PRESENTATION REFORM seconded by Councilman Markel, and unanimously carried, established the Presentation Reform Committee, suggested by the Planning Commission, as a joint committee of City Council and Planning Commission, with the following members: John R. Schilling, Planning Commissioner Jerry M. Patterson, City Councilman Herbert Wieland, Director of Planning James A. V~ithers, Assistant City Attorney Florence I. Malone~ Clerk of the Council CITY (]OUNCIL -64- February 16, 1971 LEAGUE OF CALIFORNIA CITIES At a recent meeting of the League ORANGE COUNTY DIVISION of Cities Committee on SUBCOMMITTEE Intergovernmental Relations (Councilman Ray Villa, Chairman), it was recommended that the Mayors of the cities in Orange County and the County Supervisors form an organization to attempt to deal with some of the mutual problems to be known as "Supervisors and Mayors" or, informally, SAM. SOUTHERN CALIFORNIA Councilman Patterson reported ASSOCIATION OF GOVERNiV/ENTS that he has attended SCAG Executive Committee meetings for the past three months and attended the Annual Meeting at the Newporter Inn recently. He will submit a written report of these meetings. UNDERGROUND UTILITY Councilman Villa read a letter DISTRICT from Henry T. Segerstrom, dated February 8, 1971, regarding a petition for an Underground Utility District in the area between Broadway Street and Main Street from Washington to Eighth Street. The letter and petition were referred to Staff, on motion of Councilman Vill~, seconded by Councilman Herrin, and unanimously carried. SPECIAL ELECTION C~mcilman Herrin requested BOND ISSUES Counc/1 members to submit any points in favor of the argument for Proposition A, or against Proposition B, as soon as possible. PERMISSION TO VISIT A On motion of Councilman Herrin, FOREIGN COUNTRY seconded by Councilman Villa, and unanimously carried, Councilman Markel was given permission to leave the country for a one-week visit to Mexico City during the month of March. RYAN PROPERTY Councilman Markel requested information on the status of the Ryan property on First Street; the City Attorney stated that several questions in regard to this matter must be resolved. TRAFFIC AT EUCLID Councilman Yamamoto AND McFADDEN informed the Council that last week there was an accident at the intersection of Euclid and McFadden in which two children were hit and injured slightlyo He stated that the traffic is extremely heavy at this intersection and requested Police control at that corner. The City Manager will investigate. CITY COUNCIL -65- February 16, 1971 WARD BOUNDA_KIES Councilman Evans requested the status of ward boundaries. The City Attorney stated a meeting is necessary and requested that one be set up with Councilmen Evans and Patterson. POLICE DEPARTMENT Councilman Evans requested the 4-DAY WORK WEEK status of the City Manager's report on the Police Department 4-Day Work Week; the City Manager stated there has been a delay due to the Police Chief"s absence from the City, but that the Council possibly will receive a report before the next regular Council meeting. SIGHTSEERS IN Councilman Yamamoto proposed DISASTER AREAS a petition, with other cities joining, to make a State Law against sightseers in disaster areas. The City Attorney stated that there are rules that Police Officers must be obeyed in disaster areas, during emergencies, etc. CHARTER AMENDMENT Mrs. 3anice Boer, 912 N. Lowell, requested the Council's consideration of a Charter Amendment to Section 703, "Powers of the City Attorney," and proposed that a Charter Committee be formed for this purpose° CHARTER AMENDMENT Mr. Gary Michael Tucker, 2062 South Rene, requested the Council's consideration concerning ame~ldment to Section 401 of the City Charter to include statement of a minimum age fo~ Council candidates. Councilman Patterson's motion, seconded by Councilman Villa, to refer this matter to the City Attorney for suggestions as to how the City Charter can be revised to permit a person to run for City Council at age Z0 retaining the requirement that he must have been a registered voter for two years, was unanimously carried. ADJOURNMENT Patterson and unanimously carried. The meeting was adjourned at 11:15 P. M., on motion of Councilman Villa, seconded by Councilman Florence I. Malone Clerk of the Council CITY COUNCIL -66- February 16, 1971