HomeMy WebLinkAbout04-19-1971MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
April 19, 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: Vernon S. Evans, Wade Herrin, J, Ogden Markel, Jerry M.
Patterson, Ray Villa, Harry K. Yamamoto, and Mayor Lorin Griset. Also
present were City Manager Carl J, Thornton, Acting City Attorney James
A. Withers, 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 April 5, 1971, and the Adjourned
Regular Meeting of April 13, 1971,
were approved as submitted, on motion of Councilman Herrin, seconded by
Councilman Patterson, and unanimously carried.
MAYOR'S FREEWAY On motion of Councilman Yamamoto,
COMMITTEE seconded by Councilman Patterson
and unanimously carried, William
Bayer was appointed to membership on the Mayor's Freeway Committee.
ORANGE COUNTY HUMAN On motion of Councilman Herrin,
RELATIONS COMMISSION seconded by Councilman Patterson
and unanimously carried, Ralph
Moore was named as Santa Ana's representative to the Orange County Human
Relations Commission.
CITIZENS DIRECTION FINDING The Mayor announced that it was
COMMITTEE necessary to consider a replacement
for Mr. Neff who recently resigned
from the Citizens Direction-Finding Committee. The Mayor explained that
appointments are made to this Committee by the Orange County Board of
Supervisors and the Orange County League of Cities on recommendation of
the City Council, and that the Committee, numbering approximately 36, is
designed to involve private citizens in problems important to the County and
to be an advisory board to the Board of Supervisors. Councilman Markel's
motion, seconded by Councilman Yterrin, to delay this matter to the next regular
Council meeting, failed to carry on the following roll call vote:
AYES:
NOES:
ABSENT:
Markel
Herrin, Villa, Patterson, Griset, Yamamoto, Evans
None
CITY COUNCIL
-122 -
April 19, 1971
EXECUTIVE SESSION At Z:Z0 P. M. , the meeting was
adjourned to an Executive Session
to consider recornrnendation for
appointment to the Citizens Direction-Finding Committee.
The meeting reconvened at 2:50 P. ]Vi., with all Council members present.
Councilman Villa's motion, seconded by Councilman Yamamoto, to recommend
to the Orange County League of Cities the appointment of 1Vir. Paul Van Stevens
to serve on the Citizens Direction-Finding Committee, carried on a 6-1 vote,
Councilman Markel dissenting.
PROJECT #5009 On motion of Councilman Herrin,
TRAFFIC SIGNALS seconded by Councilman Evans,
and unanimously carried, Council
ordered filed report of bids received for Project 5009, to Construct Traffic
Signal and Safety Lighting at Euclid and Hazard Streets; awarded contract to
the low bidder, C.T. & F. , Inc. , Bell Gardens; and rejected all other bids.
BID CALLS On motion of Councilman Herrin,
seconded by Councilman Yamamoto,
and unanimously carried, Council
approved plans and specifications and authorized advertising for bids on the
following:
PROJECT 6042 - To construct concrete block wall in Westwood
Park; opening date IViay 10, 1971.
SPEC. 371-117 - Cast iron water pipe, annual requirements;
opening date May 6, 1971.
SPEC. 371-119 - Cast iron fittings, annual requirements;
opening date May 6, 1971.
SPEC. 631-135A - Fire hydrants, standard, annual requirements;
opening date IViay 6, 1971.
SPEC. 631-135B - Fire hydrants~ commercial and industrial,
annual requirements; opening date May 6, 1971.
SPEC. 631-135C- Fire hydrants, Civic Center, annual
requirements; opening date May 6, 1971.
SPEC. 631-136 - Cold water meters - positive displacement type,
annual requirements; opening date ]Vlay 7, 1971.
SPEC. 631-137 - Gate valves, annual requirements; opening date
May 7~ 1971.
SPEC. 631-138 - Cold water meters - compound type, annual
requirements; opening date May 7, 1971.
CITY COUNCIL -lZ3- Aprill9, 1971
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.
Mayor Reece Ballard of Garden Grove was present in connection with Agenda
Item #45, Transfer of Territory. Councilman Patterson's motion, seconded
by Councilman Villa, to consider Agenda Item #45 next was unanimously
carried.
TRANSFER OF TERRITORY Mayor Reece Ballard, City of
WILLOWICK GOLF COURSE Garden Grove, referred to a
letter from the City of Garden
Grove dated April 8, 1971, requesting transfer of Willowick Golf Course from
corporate boundaries of Santa Aha to corporate boundaries of Garden Grove,
and distributed to the Council a breakdown of expenditures and income from
1965-66 through 1970-71, On motion of Councilman Serrin, seconded by
Councilman Markel and unanimously carried, the corrirnunications were
received and ordered filed°
Mayor Ballard stated that it is believed it would be of benefit to both cities for
Willowick to be in the City of Garden Grove; that they realize there will be
advantages and problems for both cities, and they are willing to work with
representatives of Santa Ana in arriving at an agreement on these matters.
Mayor Griset stated that the Council will need time to deliberate on this
matter; that everyone is interested in retaining the green, open space of the
golf course. Some Councilmen favored exploring the possibility of buying
Willowick; others were against purchasing property of this type; all agreed
that the matter should be resolved to the mutual benefit of both cities.
Mr. Bill Moore, former Planning Commissioner, asked what portion of the
property taxes from the golf course is received by the City of Santa Aha; the
City Manager explained that Santa Ana received 15°/0 of the total taxes, which
amount to approximately $40,000. Mr. Moore also asked what assurance
there would be in the event the golf course is annexed to Garden Grove that
it would remain a golf course and not be sold to an individual or developed
in some other manner° Mayor Ballard stated that Garden Grove will agree
in written~ legal form to keep the green, open area for a number of years
to be agreed upon by both cities.
Councilman Herrin's motion~ seconded by Councilman Evans, to refer the
matter to staff~ requesting a full report, including an investigation of the
possibility of purchasing Willowick Golf Course; trade for other property
or services; assurance that the property will remain open space, as a golf
course; and discussion of any other areas of concern between the two cities
on the west side of Santa A_na, carried on the following roll call vote:
AYES: Herrin,
NOES: None
ABSENT: None
Evans~ Villa, Patterson, Griset, Yamamoto, Markel
CITY COUNCIL
-124- April 19, 1971
ORD. NS-1075 ORDINANCE NS-1075 CHANGING
AMENDMENT APPLICATION #680 DISTRICT CLASSIFICATION ON
AMENDMENT APPLICATION #680
FILED BY HAROLD To SEGERSTROM AND HOWARD BEAR, AND A-MENDING
SECTIONAL DISTRICT MAP #35-5-10 (EXHIBIT A.A 680 A) was adopted, on
motion of Councilman Herrin, seconded by Councilman Evans, and carried on
the followlng roll call vote:
AYES: Herrin,
NOES: None
ABSENT: None
Evans, Villa, Patterson, Griset, Yamamoto, Markel
ORD. NS-1077 ORDINANCE NS-1077 AIvIENDING
SANTA ANA MUNICIPAL CODE THE SANTA ANA MUNICIPAL CODE
BY REPEALING SECTION 38-18
THEREOF was adopted, on motion of Councilman Evans, seconded by Council-
man Herrin, and carried on the following roll call vote:
AY ES:
NOES:
ABSENT:
Evans, Herrin, Vi~a, Patterson, Griset, Yamamoto, Markel
None
None
ORD. NS-1078 ORDINANCE NS-1078 AMENDING
SANTA ANA MUNICIPAL CODE THE SANTA ANA MUNICIPAL
CODE BY REPEALING SECTION
41-618 AND REENACTING SAID SECTION AS SECTION 41-629 AND ADDING
A NEW SECTION 41-618 PERTAINING TO LANDSCAPING STANDARDS FOR
OFFSTREET PARKING LOTS was passed to second reading on H~.0tion of
Councilman Yamamoto, seconded by Councilman Patterson and unanimously
carried.
ORD. NS-1079 ORDINANCE NS-1079 CHANGING
AMENDMENT APPLICATION #681 DISTRICT CLASSIFICATION ON
AMENDMENT APPLICATION 681
FILED BY MICHAEL A. MADZOEFF AND AMENDING SECTIONAL DISTRICT
MAP 11-5-10 (EXHIBIT AA 681 A) was passed to second reading on motion of
Councilman Herrin~ seconded by Councilman Yarnamoto, and unanimously
carried°
ORD. NS-1080 Mayor Griset announced that a
SANTA ANA MUNICIPAL CODE letter had been received from the
Santa Ana Chamber of Commerce
asking that this matter be scheduled for public hearing. In view of the fact
that a public hearing was held on this matter on April 5, 1971, Councilman
Markel's motion, seconded by Councilman Herrin, to defer consideration of
Agenda Item #17 until the next regular Council meeting, failed to carry on
the following roll call vote:
AYES:
NOES:
ABSENT:
Evans
Markel, Herrin~ Villa, Patterson~ Griset, Yamamoto
None
CITY COUNCIL -1ZS- April 19, 1971
ORD. NS-1080
SANTA ANA MUNICIPAL CODE - (Continued)
Prior to voting on the above motion, the Mayor stated that anyone who wishes
may appear and speak at the second reading of the Ordinance.
ORDINANCE NS-1080 AMENDING THE SANTA ANA MUNICIPAL CODE BY
AMENDING SECTIONS 41-88, 41-47Z, AND 41-473 THEREOF PERTAINING
TO USES PERMITTED IN THE M-1 (LIGHT INDUSTRIAL DISTRICT) AND
ADDING SECTION 41-80 THERETO was passed to second reading on motion
of Councilman Villa~ seconded by Councilman Markel, and carried on the
following roi/ call vote:
AYES:
NOES:
ABSENT:
Villa, Markel, Patterson, Herrin, Griset, Yamamoto
Evans
None
RES. 71-Zl RESOLUTION 71-21 OVERRULING
HELEN J. PETERSON THE DECISION OF THE ZONING
ADMINISTRATOR AND GRANTING
CONDITIONAL USE PERMIT 70-15 FILED BY HELEN J. PETERSON was
unanimously adopted, on motion of Councilman Herrin, seconded by
Councilman Markel.
RES. 71-22
ESTON A. ROSE
CONDITIONAL USE PERMIT 70-14 FILED
adopted, on motion of Councilman Herrin,
RESOLUTION 71-22 OVERRULING
THE DECISION OF THE ZONING
ADMINISTRATOR AND GRANTING
BY ESTON A. ROSE was unanimously
seconded by Councilman Markel.
RES. 71-35 RESOLUTION 71-35 UPHOLDING THE
GENERAL RESIDENTIAL CORP. DECISION OF THE PLANNING
COMMISSION AND GRANTING A
VARIANCE ON VARIANCE APPLICATION 71-5 FILED BY GENERAL RESIDENTIAL
CORPORATION SUBJECT TO APPLICABLE CONDITIONS was adopted on
motion of Councilman Herrin, seconded by Councilman Villa, and carried on the
following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Villa, Griset, Evans, Markel
Patterson, Yamamoto
None
RES. 71-36 RESOLUTION 71-36 UPHOLDING THE
LES-SIM, INC. DECISION OF THE PLANNING
COMA4ISSION AND GRANTING A
VARIANCE ON VARIANCE APPLICATION 71-1, FILED BY LES-SINI, INC. ,
SUBJECT TO APPLICABLE CONDITIONS was adopted, on motion of Councilman
Herrin, seconded by Councilman Patterson, and carried on the following roll
call vote:
AYES:
NOES:
ABSENT:
Herrin, Patterson, Villa, Griset, Evans, lV[arkel
Yamamoto
None
CITY COUNCIL -126- April 19, 1971
RES. 71-37 RESOLUTION 71-37 OF THE
FAIR HOUSING CITY COUNCIL OF THE CITY
OF SANTA ANA SUPPORTING
THE CONCEPT OF FAIR HOUSING AND SETTING FORTH THE INTENTION
OF SAID COUNCIL TO EMPLOY ALL LAWFUL MEANS WITHIN ITS POWER
TO ENFORCE THE FAIR HOUSING LAWS was adopted, on motion of
Councilman Patterson, seconded by Councilman Villa, and carried on the
following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Villa, Herrin, Griset, Yamamoto, Evans, Markel
None
None
AGREEMENT Agreement between the City of
WALKER & LEE, INC. Santa Ana and Walker & Lee, Inc. ,
for encroaching sign at 2'231 South
Bristol was approved and its execution by the Mayor and Clerk authorized,
on motion of Councilman Evans, seconded by Councilman Villa, and
unanimously carried.
RECESS At 3:50 P.M.~ a five-minute recess
was declared. Council reconvened
at 4:05 P.M. ~ with all Council
members present, except Councilman Patterson who returned at 4:10 P.M.
TRAFFIC The report of control devices
removed or installed from April 1,
1971 through April 1Z, 1971,
inclusive, was received and ordered filed, on motion of Councilman Herrin,
seconded by Councilman Villa, and unanimously carried.
ALCOHOLIC BEVERAGE It was moved by Councilman Herrin,
LICENSE APPLICATIONS seconded by Councilman Markel and
unanimously carried, to receive and
file the following Alcoholic Beverage License applications:
ROYAL ROMAN, 1502 E. First Street, On Sale General,
Person Transfer;
POP'S STEAK HOUSE, 1061 E0 Fourth Street, On Sale
Beer & Wine~ Person Transfer;
and to instruct the City Attorney to file a protest with the Alcoholic Beverage
Control Board to the issuance of the following license:
CORNER GROCERY, 802 N. Raitt, Off Sale Beer & Wine~
Person Transfer.
By common consent of the Council, consideration of Agenda Item #39 was
deferred until Councilman Patterson was present.
CITY COUNCIL -127- April 19, 1971
SOLICITATION APPLICATION
and unanimously carried:
The following Solicitation Application
was approved on motion of Councilman
Herrin, seconded by Councilman Evans,
Ernest L. Kellogg Post 1680 Veterans of Foreign Wars, 1346
S. Towner Street, poppy sale, May 21-22, 1971.
PUBLIC PROPERTY USE On motion of Councilman Herrin,
seconded by Councilman Evans and
unanimously carried, the following
application~ for Special License to Use Public Property were approved:
Santa Ana Fire Department, to hold a Fire Prevention Youth
Carnival on Saturday, May 22, 1971, from 10:00 A.M., to
3:00 P.M., at the southeast corner of EiSalvador Park,
1825 Civic Center Drive West;
SantaAna Fire Department, to hold a Fire Prevention Youth
Parade on Saturday, October 9, 1971, from 10:00 A.M., to
1:00 P.M., east on Civic Center Drive, from Ross Street to
Broadway, south on Broadway to Fourth Street, west on Fourth
Street to Flower, north on Flower to Santa Ana Municipal Bowl
(including use of Bowl).
In connection with an application to hold a "Free Calley" Parade on Sunday,
April 25, 1971, beginning at Bullock's Parking Lot and proceeding down
Main Street towards 17th Street, the City Manager reported this presents
a problem because of the necessity to close the Main Street off-ramp of the
Santa Aha Freeway, for which the State of California has a set charge of
$100.00 which would have to be borne by the applicant.
After discussion by the Council, the applicant, Mrs. Viola Allenby, requested
that her Application for Special License be changed to read" .... beginning
at Santa Clara Avenue and proceeding down Main Street towards 17th Street."
On motion of Councilman Evans, seconded by Councilman Herrin, the following
application for Special License to Use Public Property was approved on a 6 - 1
vote, Councilman Patterson voting NO:
Viola Allenby, 11868 Wisteria Avenue, Fountain Valley, to hold
a "Free Calley" Parade on Sunday, April 25, 1971, from Z:00 P.M.,
to 4:00 P.M., beginning at Santa Clara Avenue and proceeding down
Main Street towards 17th Street.
POOL PARLOR APPLICATIONS The Council considered the
application of Mrs. Norma Groat,
President, Seemaygro, Inc., to
operate a pool parlor in conjunction with The Sarong Gals, 701 N. Harbor Blvd.
CITY COUNCIL -128- April 19, 1971
On June 18, 1971, the Orange County Superior Court
commanded the Santa Ana City Council to set aside its
decision dated April 9, 1971 in the administrative
proceedings entitled Pool Parlor Applications. The
court further ordered the Council to take any further
action specifically enjoined upon it by law; but nothing
in the court's judgment shall limit or control in any
way the discretion legally vested in the Santa Aha City
Council.
Notation added to Volume 28, Pages 129, 106, 107, 108 of
City Council Minutes in accordance with instruction from
City Attorney in his memo dated January 31, 1974.
ent' s
~le
December,
~ttorney;
(CA 91.1) ilman
te:
o, Evans
NOES: None
ABSENT: None
The Council considered the application of Mro John Po Vaydg¥_i_c_k, Owner,
and George Abraham, Manager~ to operate a pool parlor in conjunction with
The DaisyMay's Bar at 45Z4W. BolsaStreeto
Lt. Hansen stated that the Police Department recommends denial of this
application on the basis of approximately 168 police incidents at this location;
that since the first of the year there have been 26 incidents, eleven connected
with narcotics; that revocation of the alcoholic beverage license is pending;
and that recently an expansion was denied at the premises due to a police
problemo He further stated that pool games had been conducted after hours;
however, at the present time~this activity has ceased; that narcotics has been
a problem, and a number of patrons have been discovered carrying firearms;
and that approval of this application would tend to aggravate an existing police
problemo
Wayne Armstrong, Attorney, was present representing the vendors of the
various pool playing equipment and 3ohn Po Vaydovick, proprietor of The
Daisy May. Mr. Armstrong requested continuance of this item on the basis
that a Petition for Writ of Administrative Mandate will be filed within the next
few days on behalf of two pool equipment vendors and five applicants for permits
to operate pool parlors.
Councilman Villa's motion, seconded by Councilman Markel, to continue Agenda
Item 43-B to a later meeting, failed to carry on the following roll call vote:
AYES:
NOES:
ABSENT:
Villa, Markel, Patterson
Herrin, Griset~ Yamamoto~ Evans
None
After further discussion, Councilman Herrin*s motion, seconded by Councilman
Yamamoto~ to deny the application of John P. V?ydoMigk, carried on the following
roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Yamamoto, Griset, Evans
Villa, Patterson, Markel
None
CITY COUNCIL -129- April 19, 1971
POOL PARLOR APPLICATIONS - (Continued)
Lt. Hansen, Santa Ana Police Department, stated the Police Department's
recommendation is for denial based on the fact that this is not a suitable
locatlon; there have been 181 police incidents at this location; that in December,
1970, a Red Light Abatement was filed by the Orange County District Attorney;
and the establishment is currently presenting topless entertainment.
The application of Mrs° Norma Groat, was denied on motion of Councilman
Iqerrin, seconded by Councilman Markel, on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Markel, Villa, Patterson, Griset, Yamamoto,
None
None
The Council considered the application of Mro John Po %~aydg¥i__c_k, Owner,
and George Abraham~ Manager, to operate a pool parlor in conjunction with
The DaisyMay's Bar at 45Z4 W. BolsaStreet~
Lt. Hansen stated that the Police Department recommends denial of this
application on the basis of approximately 168 police incidents at this location;
that since the first of the year there have been Z6 incidents, eleven connected
with narcotics; that revocation of the alcoholic beverage license is pending;
and that recently an expansion was denied at the premises due to a police
problem° He further stated that pool games had been conducted after hours;
however, at the present time'this activity has ceased; that narcotica has been
a problem, and a number of patrons have been discovered carrying firearms;
and that approval of this application would tend to aggravate an existing police
problem°
Wayne Armstrong, Attorney, was present representing the vendors of the
various pool playlng equipment and John Po Vaydovick, proprietor of The
Daisy May° Mr. Armstrong requested continuance of this item on the basis
that a Petition for Writ of Administrative Mandate will be filed within the next
few days on behalf of two pool equipment vendors and five applicants for permits
to operate pool parlors.
Councilman Villa's motion, seconded by Councilman lviarkel~ to con.hue Agenda
Item 43-B to a later meeting, failed to carry on the following roll call vote:
AYES:
NOES:
ABSENT:
Villa, Markel, Patterson
Herrin~ Griset, Yamamoto, Evans
None
After further discussion, Councilman Herrin's motion, seconded by Councilman
Yamamoto, to deny the applicatlon of John P. V?ydovick, carried on the following
roll call vote:
AYES:
NOES:
ABSENT:
Herrin~ Yamamoto, Griset, Evans
Villa, Patterson, Markel
None
CITY COUNCIL
-129- April 19, 1971
On June 18, 1971, the Orange County Superior Court
commanded the Santa Aha City Council to set aside its
decision dated April 9, 1971 in the administrative
proceedings entitled Pool Parlor Applications. The
court further ordered the Council to take any further
action specifically enjoined up?n it by law; bu~ nothing
in the court's judgment shall limit or control in any
way the discretion legally vested in the Santa Aha City
Council.
Notation addedto Volume 28, Pages 129, 106, 107, 108 of
City Council Minutes in accordance with instruction from
City Attorney in his memo dated January 51, 1974. (CA 91.1)
POOL PARLOR APPLICATIONS - (Continued)
Councilman Villa asked if it would be possible to draft an Ordinance to limit
all business where liquor is served to 2:00 A.M., closing. In response to
questioning, Lt. Hansen stated that, even though alcoholic beverages are not
sold after 2.~00 A.M., it is from that time on that police problems arise at
these establishments; that they do not wish to eliminate pool, as such, but
this is the criteria they are using to attempt to control problems at these
locations. The City Attorney suggested that he be permitted to review this
section of the Code with the Police Department and Manager's Office in order
to obtain a composite view of the problem and how best to control it without
aiming at the entire industry.
Councilman Villa's motion~ seconded by Councilman l~atterson, to instruct
the City Attorney to explore the possibilities of an Ordinance for closing any
establishment serving alcoholic beverages between the hours of 2:00 A.M.
and 6:00 A. Mo~ was unanimously carried.
In connection with the application of George Stevens to operate a pool parlor
in conjunction with Circe's at 601 No Harbor Blvd., Lto Hansen stated that
the Police Department recommends denial of this application° He stated that
Mr. Stevens has been of considerable assistance to the Police Department in the
past; the problem is the location; that since May, 1969 there have been 145
Police incidents; that 38 of these dealt with narcotics; that since the beginning
of 1971, there have been 29 incidents, four directly related to narcotics; that
after-hours has been a problem; also topless entertainment is an attraction.
He further stated that although Mro Stevens has been of considerable
assistance, the Police Department cannot recommend approval of this
application.
Mr. Marshall Schulmann, Attorney for Mr. Stevens, stated he would like to
add to Lt0 Hansen's remarks; that it is his understanding there have been no
arrests on the premises for alcoholic beverage violations; that there have
been arrests near or from the premises with the help and cooperation of
Mro Stevens; that at the suggestion of the Police, Mr. Stevens grew a
beard and long hair to be able to gain the confidence of individuals who might
be considered basically undesirable; that he has a law-abiding attitude and does
not want problems in this area° He also stated that no employee of Mr.
Stevens has ever been arrested; and that the number of police incidents at this
locatlon has diminished in 1971 as compared to 1970.
Mr° Schuln~ann asked that (1) the matter of lvir~ Stevens' permit be delayed
until the staff and City Attorney have made their report; (Z) in the event that
is not acceptable~ then he would request a continuance in connection with the
Court's determination; and (3) if these requests are denied, then they would
request that Mro Stevens' permit be granted.
Councilman Patterson's motion, seconded by Councilman Villa, that Mr. Stevens'
application for a pool parlor permit be granted, failed to carry on the following
roll call vote:
AYES:
NOES .~
ABSENT:
Patterson~ Villa
Herrin, Griset, Yamamoto, Evans, IViarkel
None
CITY COUNCIL
-130- April 19, 1971
POOL PARLOR APPLICATIONS - (Continued)
Councilman Herrin's motion, seconded by Councilman Yamamoto, to deny
the application of Mro George Stevens~ carried on the followin§ roll call
vote:
AYES:
NOES:
ABSENT:
Herrin, Yamamoto, Griset, Evans, Markel
Villa, Patterson
None
RECESS At 5:05 P.M., a five-minute
recess was declared. The
meeting was reconvened at
5:15 P. Mo, with all Council members present.
VARIANCES AND On motion of Councilman Patterson,
CONDITIONAL USE PERMITS seconded by Councilman Herrin and
unanimously carried~ the following
applications were received and ordered filed:
EX 71-2, CHARLES LUSTY & RAMON REYNOLDS - To construct
an addition to an existing residence which will protrude two feet
into the requiredten foot side yard in the R 1 District located at
1201 N. Hastings; APPROVED.
VA 71-9, ROBERT S. LEVIN - To construct a building addition
to an existing trailer supply store and increase parking facilities
in the R Z B and C Z Districts at 815 N° Harbor Boulevard; APPROVED.
VA 71-11, TED H. VANDLING - To construct a six story medical
building in the C 1 District less than 140' from residentially-zoned
property at 431 N. Tustin Avenue; APPROVED.
The following application was received and ordered filed, on motion of
Councilman Patterson, seconded by Councilman Herrin:
CUP 71-6, CHANTYS RESTAURANT - To serve alcoholic
beverages in an existing restaurant within 300' of residentially
zoned property at 1414 V~. Edinger Avenue; APPROVED.
The motion carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Herrin, Villa, Griset
Yamamoto, Evans, Markel
None
On motion of Councilman Patterson, seconded by Councilman Herrin, and
unanimously carried~ the following applications were received and ordered
filed:
CUP 71-7, RICHARD R. SUESS - To permit an outdoor recreational
use (dunecycle rides) in the C 1 District at ~12~ W. 17th Street; DENIED.
CUP 71-8, WILLIAM A. & CAROL A. BORTON - To serve
alcoholic beverages in an existing restaurant within 300' of
residentially-zoned property at Z930 N. Tustin Avenue; APPROVED.
CITY COUNCIL -131- April 19, 1971
FIESTA Letter dated April 6, 1971 from
SANTA ANITA PARK the Organization for the Betterment
of Santa Anita Community concerning
the formal celebration of the opening of Santa Anita Park, May 8, 1971, 12:00
noon, was received and ordered filed on motion of Councilman Evans, seconded
by Councilman Yamamoto, and unanimously carried.
LOGA1W COMMUNITY Letter dated April 9, 1971, from
ORGANIZATION Josephine Andrade, Coordinator for
Logan Community Organization,
concerning the opening celebration of Logan ~ark on May 1, 1971 at 12:00 noon,
was received and ordered filed on motion of Councilman Herrin, seconded by
Councilman Yamamoto, and unanimously carried.
TENTATIVE PARCEL MAP #689 On motion of Councilman Herrin,
seconded by Councilman Evans and
unanimously carried, Council
approved Tentative Parcel Map #689 filed by Nelda Latham, creating four (4)
A 1 parcels for residential use, located generally on the south side of Santa
Clara Avenue, 133 feet west of Ridgewood Street, subject to conditions in
report of Planning Director dated March 30~ 1971.
TENTATIVE PARCEL MAP #690 On motion of Councilman Herrin,
seconded by Councilman Evans and
unanimously carried, Council
approved Tentative Parcel Map #690 filed by Ronald Ro Cosby creating four (4)
M 1 parcels for industrial use, located generally between Chestnut Avenue and
Walnut Street, 487 feet west of Grand Avenue, subject to conditions in report
of Planning Director dated April 7, 1971; and the alley requirement was waived.
TENTATIVE PARCEL MAP #691 On motion of Councilman Herrin,
seconded by Councilman Evans and
unanimously carried, Council
approved Tentative Parcel Map #691 filed by The Alison Company creating two
(2) A 1 parcels for multiple residential use, located generally on the east side
of Lyon Street, 1020 feet north of McFadden Avenue, subject to conditions in
report of Planning Director dated April 12, 1971.
DEEDS, NO CASH Council ordered filed the report of
GRANTEE~ CITY No Cash Deeds accepted by the City
Manager, pursuant to Resolution No.
69-156~ from March 31 through April 12~ 1971, inclusive, on motion of Council-
man Herrin, seconded by Councilman Patterson and unanimously carried.
DEEDS WITH CASH On motion of Councilman Herrin,
GRANTOR, CITY seconded by Councilman Patterson
and unanimously carried, the
following deed was approved, execution of the escrow by the Mayor and
execution of the deed by the Mayor and Clerk was authorized.
JAMES Ac CARTER, east side of Newhope, 750' north of
McFadden, sale of surplus property (SPR 71-04 approved
by Council on March 15, 1971)
CITY COUNCIL -132- April 19, 1971
FINAL MAP, TRACT #6573 It was moved by Councilman
WILLIS BOYD Patterson, seconded by Councilman
Villa and unanimously c~r~ied,
to approve Final Map, Tract #6573, accept the dedications thereon, and authorize
execution of the subdivision agreement and acceptance of letter of credit in
lieu of bonds.
FINAL MAP, TRACT #7163 It was moved by Councilman
ROBERT H. GRANT CORP. Patterson, seconded by Councilman
Herrin and unanimously carried,
to approve Final Map, Tract #7163~ accept the dedications thereon, authorize
the Mayor and City Clerk to sign the final map for the City of Santa Aha as lessee
under a lease recorded September 19, 1969, and authorize execution of the
subdivision agreement and bonds.
SURPLUS PROPERTY On motion of Councilman I~errin,
REPORT 70-12 seconded by Councilman Yamamoto
and unanimously carried, Council
approved Surplus Property Report 70-12 and authorized a public auction at
7:30 P.M. , May 3, 1971, for sale of property located on west side of Evergreen,
south of Warner, with minimum bid of $6~ 500.
NATIONAL FIRE PREVENTION On motion of Councilman Patterson,
ASSOCIATION MEETING seconded by Councilman Yamamoto,
and unanimously carried, Council
authorized attendance at the National Fire Prevention Association meeting on
May Z0, 1971~ in San Francisco, at City expense, of two school employees,
Mr. Delaine Richards, Principal of Glenn Martin School, and Miss Barbara
Hill, teache:r af FremOht School.
CITY MANAGER REPORT
By common consent of the Council,
Agenda Item #58 was deferred to the
evening session,
STREET CLOSURE POLICY FOR Councilman Patterson moved to
TEMPORARY FUNCTIONS adopt as a policy of the City
Council the Street Closure
Policy for Temporary Functions as outlined in the report to the City Manager
dated April 15, 1971, and Councilman Yamamoto seconded the motion. Upon
request of Councilman Markel to delay consideration of this matter until
evening, Councilman Patterson withdrew his motion, and by common consent
of the Council~ Agenda Item ~59 was deferred to the evening session.
RECESS At 5:25 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 Mr. Duane Riddle of the First Assembly of God
Church.
CITY COUNCIL -133- April 19, 1971
PUBLIC HEARING
APPEAL 263 AND APPEAL 264
SEGERSTROM REPUBLIC HOME-
OWNERS, INC. , & FIRST WESTERN
BANK & TRUST CO.
Planning Director Wieland stated
there were two points at issue:
(1) sidewalks; and (Z) how a traffic
signal would be paid for° In view
of the fact that both conditions come
within the purview of the Public
Works Department, the matter was turned over to Public Works Director
Wolford.
Mr. Wolford stated that although the Public Works Department had originally
recommended that sidewalks be a condition of approval of Variance Appllcatlon
71-7, the Planning Commission removed this condition. Segerstrom Republic
Homeowners, Inco, appealed removal of the sidewalks for the following reasons:
(1) Inconsistent with development in South Coast Plaza area;
(Z) Population density around the development is growing and
sidewalks would encourage people to walk to Santa Ana Plaza;
(3) Motion picture theater attracts many children, and sidewalks
would provide safety°
Mr° Wolford stated that the Rinker Development Corporation had originally
asked the Planning Commission for reIief on the sidewalks, but had since
altered their position; that they have now filed a letter joining with the Appeal,
stating they would be agreeable to putting in the sidewalks.
The Mayor opened the public hearing° Mr° Drexel Daniels, 2905 S. Pacific,
was present to represent Segerstrom Republic Homeowners, InCo, a~d stated
they feel very strongly that sidewalks in this particular area of Santa Ana are
very important and vital to the safety of the citizens.
Mr. Harold Hembree, the Rinker Development Corporation, was present and
stated that they wholeheartedly support Segerstrom Republic Homeowners, Inc.,
in their appeal of this item°
There were no further proponents or opponents in this matter, and the Clerk
reported no written communications had been received° The Mayor declared the
public hearing closedo
Councilman Yamarnoto's motion, seconded by Councilman Patterson~ to grant
Appeal #263 and instruct the City Attorney to prepare a Resolution granting
Variance Application 71-7 subject to conditions of approval contained in Planning
Department Comments dated March 8, 1971 with the requirement for sidewalk
installation to be added, carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Yamamoto, Patterson, Villa, Herrin, Griset, Evans, Markel
None
None
CITY COUNCIL
-134- April 19, 1971
PUBLIC HEARING
APPEALS 263 & 264 - (Continued)
The Mayor opened the public hearing on Appeal #264 to Variance Application
71-7. Mr. Harold l-~embree, Rinker Development Corporation, stated that
Resolution 71-13, Item #19, states that the cost of the traffic signal, which
will be of mutual benefit to their own property and The Treasury development,
shall be shared equally between developers and shall be installed by the
first developeL that Rinker Development Corporation believes the cost
should be shared proportionately to the size of the property; that they are
glad to pay their proportionate share which, based on acreage, they believe
to be approximately Z3~0; and that the Minutes of the February 1, 1971, meeting
covering the hearing for The Treasury development, indicate Councilman
Patterson's motion was for the cost to be on a proportionate basis. Mr, Hembree
also requested that the signal be installed at the time The Treasury is
constructed; that it would serve no purpose for The Rinker Development Corporation
to have it installed at this time, and they will post a bond for their share.
There were no further proponents or opponents in this matter, and the Clerk
reported no written communications had been received. The Mayor declared
the public hearing closed.
Councilman Patterson asked if the development on the east side of the street
needs the traffic signal less than that on the west side. The Public Works
Director stated the development proposed by Rinker Development Corporation
would not necessarily require a signal at this time° He also stated that Public
Works Department feels the appeal with respect to cost and timing of
installation of the signal is reasonable, but that the staff would have to check
percentages for true proportion of costs°
Councilman Patterson's motion, seconded by Councilman Villa, to grant appeal
#264 and instruct the City Attorney to prepare a Resolution granting Variance
Application 71-7 subject to conditions of approval contained in Planning Department
Comments dated March 8, 1971, except that Condition No. 17 shall be amended
to provide that the traffic signal shall be installed by The Treasury development
subject to a proportionate reimbursement by the Rinker Development, said
proportions to be determined by the Director of Public Works, and that the
Rinker Development shall post a bond guaranteeing its proportionate share of the
cost of the installation of the traffic signal, carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Villa, Herrin, Griset, Yamamoto,
None
None
Evans, Markel
The City Attorney was also asked to prepare a new Resolution reflecting the
action of the Council as a result of this appeal, in reference to Resolution 71-13,
Item #19.
POOL PARLOR APPLICATIONS Letter dated April 7, 1971, from
Charles G. Schlegel, Attorney,
for 3ohn Paul Morrill, Owner,
was presented to the Council~ requesting a reconsideration of the application
for pool parlor permit in conjunction with The Sportsman, 4406 W. First Street,
which was denied on April 5, 1971.
CITY COUNCIL -135- April 19, 1971
POOL PARLOR APPLICATIONS - (continued)
Councilman Herrin's motion, seconded by Councilman Patterson, for re-
consideration of this matter, was unanimously carried.
Mr. Schlegel, speaking for the owner, stated that an Alcoholic Beverage Permit
was granted to Mro Morrill; that Police Department visits have been encouraged;
that all employees have submitted to clearance procedures; that there have been
no citations issued, and they do not believe they have created or continued an
aggravating problem for the Police° Mr° Schlegel requested reconsideration of
this matter on its own merits°
Sgt. M. Mitchell, Santa Aha Police Department, stated that the operation of this
establishment has changed; that there is no longer topless/bottomless entertainment;
that the Police Department does not protest issuance of the pool table license.
In response to questions from Mayor Griset, the City Attorney stated that in the
event of change of ownership the license could not be transferred; that it
is issued to the person, not the premises; and that if this establishment becomes
a police problem in the future, the Council will again be notified°
The application of John Paul Morrill, Owner, to operate a pool parlor in conjunction
with The Sportsman, 4406 Wo First Street, was approved on motion of Councilman
Patterson, seconded by Councilman Herrin, and carried on the following roll call
vote:
AYES:
NOES:
ABSENT:
Patterson, Herrin, Villa, Griset, Evans, Markel
Yamamoto
None
Letter dated April 8, 1971, from William S° Anagnostou, Attorney for Mr. and
Mrs° Robert Gustafson, was presented to the Council, requesting reconsideration
of the application for pool parlor permit in conjunction with The Pine Pub~ 2333
West First Street, which was denied on April 5~ 1971o
Councilman Villa's motion, seconded by Councilman Patterson, for reconsideration
of this matter~ was unanimously carried.
Mr° William S. Anagnostou, representing the owners, stated that at The Pine Pub
there have been no narcotics violations, no prostitution, no topless/bottomless, no
felony arrests, and no business conducted between the hours of 2:00 and 6:00 A.M.
He requested a reconsideration of this matter by the Council and that the permit for
The Pine Pub be approved.
Sgt. Mitchell, Santa Bna Police Department, stated that to his knowledge the
situation remained the same as reported by Lt. Hansen; that he would have to
check the Department records for definite information. The Clerk of the Council
read Lt. Hansen's testimony from the Minutes of the April 5, 1971, meeting.
Mr. Robert Gustafson stated that the bar offers topless entertainment and that
at one time there was bottomless entertainment, but that is not true at this time.
Councilman Markel requested that further consideration of this matter be deferred
and another Agenda item be considered, while Police Department records were
obtained.
CITY COUNCIL -136- April 19, 1971
STREET CLOSURE POLICY FOR On motion of Councilman Markel,
TEMPORARY FUNCTIONS seconded by Councilman
Patterson and unanimously
carried, Street Closure Policy for Temporary Functions as presented in the
report to the City Manager dated April 15, 1971, was approved.
CITY MANAGER REPORT The City Manager reported that
SOUTH SANTA ANA AREA a few years back a Master Plan
for Santa Ana was developed by
the Planning Department and approved by the Planning Commission and City
Council. Several things evolved: An image of the total City, giving direction, or
control, over land utilization; open space; balance of industry, commercial,
and residential; adequate streets, schools, sewer lines, and storm drains for
the City to ultimately accommodate 240,000 people, in anticipation of the uses
of the land. In the southerly section, south central portion, of the City, because
of a series of unusual events, a situation has arisen which is critically dangerous
to the City of the future. We are continuing to make commitments for land
utilization. If continued at the same level, it will create considerably greater
burdens upon the land, etc., than were anticipated; will materially change the
type of City we have. Determination was made in the General Plan that it would
not be feasible nor correct procedure to attempt to attain specific uses for every
parcel of land within the City at that time; the principle was evolved and standardized
that people who came in first would be able to use land more heavily than people
who came in later. General areas to be developed were established at a range
of between 8 - 15 residential units per acre. If the first use is heavy, this will
restrict later developments.
Santa Aha has had a tremendous influx of multiple construction in corr3parison ~o
very little R 1 construction, due to the difficulty in obtaining loans on single-
family dwellings at this time. In the area south of Edinger, between Main and
Fairview down to Sunflower, additional uses in multiples have been granted to
the extent that if they are built and all of the rest o£ the property were restricted
to R 1 properties, we will still have more than B, 000 units built than were proposed
in the original plan. If extended further, we could end up with 50,000 or 60,000
more people in this section of the City o£ Santa Aha than was originally intended
in the development of the Master Plan. We feel these are critical matters.
In response to questioning by the Council as to how this situation developed and
why it was not predicted, the City Manager stated that there are several reasons:
everyone trying to be of use to people who oven property and are willing to invest
money; changes in staff; changes in situations of the marketplace not visualized
in the original planning; that in practically all of these areas, staff has recommended
against these developments, but both the Planning Commission and City Council
found special sets of circumstances for approval; that as long as we can hold the
line, maintaining our industrial areas for industrial uses, we will be able to
see our way in development of residential uses, using the standard applied in
the General Plan.
The City Manager stated that his report was given to inform the Council of the
problem; that the Planning Commission would make certain determinations and
recommendations which would be presented for Council action at some future date.
CITY COUNCIL -137- April 19, 1971
RECESS
all Council members present.
At 8:55 P.M. , a five-minute
recess was declared. Council
reconvened at 9:10 P. M., with
POOL PARLOR APPLICATION The application of Robert and
Linda Gustafson for a permit
to operate a pool parlor was
considered again. Sgt, Mitchell reported that in checking Police Department
records, the staff report reflected five arrests at the location of The Pine
Pub in less than a year; these were for intoxication, one for narcotics, and
one bottomless arrest in the premises. Mr. Anagnostou, Attorney, stated
that with respect to occurrences or arrests made outside of the premises,
this is a shopping area wherein there is another night club about four doors
down the walkway which uses a mutual parking area. He requested the Council
to provide the Gustafson's an opportunity to demonstrate that they are capable
of operating this place of business without any interference, infringement or
violation by providing them with a proving period, since there has been
indication there will be additional evaluation of the Code section; that if the
Police Department makes an arrest in these premises, the Council will be
advised of it.
Councilman Patterson stated that in view of the fact there have been only five
arrests in the past year, and there is no after-hours operation, he would move
to approve the application for permit requested by Mr. and Mrs. Gustafson.
Councilman Villa seconded the motion, which failed to carry on the following
roll call vote:
AYES: Patterson, Villa
NOES: Herrin, Griset, Yamamoto, Evans, Markel
ABSENT: None
Councilman Herrin stated it was his hope that the Gouncil would provide a
reporting procedure through the Police Department that would be in line with
the suggestion made by Mr. Anagnostou that if, over a period of time, it is
established that The Pine Pub is operated in an acceptable manner, they might
be able to make a new appllcation.
Councilman I-Ierrin's motion, seconded by Councilman Evans, to deny the
application of Robert and Linda Gustafson for a permit to operate pool parlor
in conjunction with The Pine Pub, 2333 W. First Street, carried on the following
roll call vote:
AYES:
NO ES:
ABSENT:
Herrin, Evans, Griset, Yamamoto, Markel
Villa, Patterson
None
TRAFFIC SIGNAL REFUND Clerk of the Council reported that
she had received a telephone call
from an attorney representing
Farmers Underwriters Association in connection with the Council's denial
of reimbursement of the signal installation fund at the April 5, 1971, meeting,
and that the attorney had requested to be heard at the next regular Council
meeting. Councilman Villa's motion, seconded by Councilman Yamamoto, to
CITY COUNCIL -138- April 19, 1971
TRAFFIC SIGNAL REFUND - (Continued)
reconsider the Traffic Signal Refund at the meeting of May 3, 1971, carried
on the following roll call vote:
AYES:
NOES:
ABSENT:
Villa, Yamamoto, Herrin, Griset, Markel
Patter son~ Evans
None
CITY MANAGER REPORT Planning Director Wieland
SOUTH SANTA ANA AREA was asked to continue the
briefing on the land use
problem in the South Santa Aha area~ He presented maps showing the
General Plan, present zoning~ present use, applications for future use, and
publicly developed land. tie presented figures indicating that at the present
rate of development; the potential development plus those existing and already
committed~ could reach Z4~ 000, or 15~ 000 dwelling units more than indicated
in the General Plan. If the buildup is limited to the lowest density permitted
by the zoning, we would still be approximately 3, 000 units over the Plan.
This can present problems in safety, utilities; transportation, recreation, and
schools. He stated that this matter should be considered in detail; that the
General Plan is a guide for development of the community; that it did not
foresee the tremendous impact of SoUth Coast Plaza; and that it must be reviewed
annually and brought up to date to reflect changes that are going on.
ADJOURNMENT
Patterson~ and unanimously carried.
The meeting was adjourned at
9:55 P.M. , on motion of Councilman
Markel, seconded by Councilman
Florence I0 Malone
Clerk of the Council
CITY COUNCIL -139- April 19~ 1971