HomeMy WebLinkAbout05-17-1971MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
May 17, 1971
The meeting was called to order at 2:00 P. Mo, in the Council Chambers
of the City Hall Annex, 500 West Sixth Street, with the following Council-
men present: Vernon S. Evans, Wade Herrin, Jo Ogden Markel, Jerry
M. Patterson, Ray %~illa, Harry Ko 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 Io
Malone.
MINUTES The Minutes of the Regular
Meeting of May 3, 1971, and
the Adjourned Regular
Meeting of May 13, 1971, were approved as submitted, on motion of
Councilman Evans, seconded by Councilman Villa, and unanimously
carried.
PROJECT #6042 On motion of Councilman
CONCRETE BLOCK WALL I-{errin, seconded by Council-
man Evans, and unanimously
carried, Council ordered filed report of bids received for Project #6042
to construct a concrete block wall in Westwood Park; awarded contract
to Falcon Fence & Masonry Company, Downey, on the basis of low
bidder; and rejected all other bids.
SPEC. 371-117 On motion of Councilman
CAST IRON WATER PIPE Evans, seconded by Council-
man Herrin, and unanimously
carried, Council ordered filed report of bids received for Specification
371-117 for Cast Iron Water Pipe (annual requirement); awarded bid on a
unit price basis to United States Pipe & Foundry Company, Glendale, on
the basis of low bidder; and rejected all other bids.
SPEC. 371-119 On motion of Councilman
CAST IRON FITTINGS Herrin, seconded by Council-
man Patterson, and unanimously
carried, Council ordered filed report of bids received for Specification
371-119 for Cast Iron Fittings (annual requirement); awarded contract on a
unit price basis to Pacific States Pipe, Los Angeles, as the only bidder
complying with speclfications;-andrejected all other bids.
SPEC. 631-135A; 631-135B; On motion of Councilman
631-135C FIRE HYDRANTS Herrin, seconded by Council-
man Villa, and unanimously
carried, Council ordered filed report of bids received for Specification
631-135A; 631-135B; and 631-135C for Fire Hydrants, standard, cornnaercial,
CITY COUNCIL -162- MaylT, 1971
SPEC 631-135A~ 631-~35B;
631-]35C FIRE HYDRANTS (Continued)
and industrial, and Civic Center annual requirements; awarded
contract for Items 1 and 2 on a unit price basis to Pacific States
Cast Iron Pipe Company Los Angeles, on the basis of low b~dder;
and authorized Purchasing Agent to buy Item 3 on the open market
if a requirement develops since no bids were received for that
item; and rejected ail other bids
SPEC 631 136 On motion of Councilman
COLD WATER METERS Evans seconded by Council-
man Yamamoto and unanimously
carried~ Council ordered filed report of bids received for Specification
631..136, Cold Water Meters, positive displacement type (annual
requirement); awarded contract on a unit price basis to Gamon- Calmer
Industries, Inc ~ Florence, Kentucky, on the basis of low bidder on
all items; and rejected all other bids
SPEC~ 631-137 On motion of Councilman
GATE VALVES Evans. seconded by Council--
man Patterson, and unanimously
carried~ Council ordered filed report of bids received for Specif~cafioD
631-137~ Gate Valves (annual requirement); awarded contract on a unit
price basis for Tyton Flange 8", 10"~ and 12" to Marden Susco~ on the
basis of low bidder; cancelled request for Tyton Flange 3" on the basis
of no bids received; awarded all other items on a unit price basis to
Pacific States Cast Iron Pipe Company, Los Angeles,, on the basis of
low bidder; and rejected all other bids.
SPEC 631. 138 On motion of Councilman
COLD WATER METERS Herrin, seconded by Council-
man Evans~ and unanimously
carried, Council ordered filed report of bids received for Specification
631~138~ Cold Water Meters, compound type (annual requirement);
awarded contracts on a unit price basis as follows: Item 1 (estimated
quantity 15) to Rockwell lVianufacturing Company, Buena Park, on the
basis of low bidder; Item 2 (estimated quantity 14) to I-tersey-Spar]ing
Meter Company, Dedham~ Massachusetts, on the basis of low
bidder; Item 3 (estimated quantity one) to Rockwell Manufacturing
Company, Buena Park, on the basis of a better delivery promise,
since their price is identical to t~ersey.Sparling's; and rejected all other
bids~
BID CALLS On motion of Councilman
Herren, seconded by Council-
man Yamamoto, and unanimously
carried, Council approved p]ans and specifications and authorized"
advertising for bids on the following:
PROJECT 6043 - To construct concrete hned pond
in Prentice Park; opening date June 14~ ]971;
CITY COUNCIL -163- Mayl7,~ 1971
BID CALLS - (COntinued)
SPEC. 371-120 - Hot Pour Rubberized Mastic
Joint Sealer, Annual Requirement; opening date
June 14, 1971;
SPEC° 381-105 - Gasoline, Annual Requirement;
opening date June 14, 1971;
SPEC. 641-237 - Bacteriological Water Sample,
Test and Report; Annual Bid; opening date
June 14, 1971.
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-1080 ORDINANCE NS-1080
M-1 ZONE AMENDING THE SANTA ANA
MUNICIPAL CODE BY
A~ENDING SECTIONS 41-88, 41-472, AND 41-473 THEREOF PERTAINING
TO USES PERMITTED IN THE M-1 (LIGHT INDUSTRIAL) DISTRICT AND
ADDING SECTION 41-80 THERETO was adopted, on motion of Councilman
Patterson, seconded by Councilman Yamamoto, and carried on the
following roll call vote:
AYES: Patterson, Yamamoto,
NOES: Evans
ABSENT: None
Villa, Herrin, Griset, Markel
ORD. NS-1081 ORDINANCE NS-1081
REGULATION OF THEATERS AMENDING THE SANTA ANA
MUNICIPAL CODE BY
AMENDING CHAPTER 12 THEREOF BY ADDING ARTICLES II AND III
PROVIDING FOR REGULATION OF THEATERS was adopted, on motion
of Councilman Yamamoto, seconded by Councilman Evans, and carried
on the following roll call vote:
AYES: Yamamoto, Evans,
NOES: ~Villa
ABSENT: None
Patterson, Herrin, Griset, Markel
RES. 71-44 RESOLUTION 71-44 OVER-
CARL KARCHER ENTERPRISES RULING THE DECISION OF
THE PLANNING COMMISSION
AND GRANTING A VARIANCE ON VARIANCE APPLICATION 71-~14
FILED BY CARL KARCHER ENTERPRISES, SUBJECT TO APPLICABLE
CONDITIONS was adopted, on motion of Councilman Herrin, seconded by
Councilman Evans, and carried on the following roll call rot e:
AYES: Herrin, Evans, Villa, Patterson, Griset, Markel
NOES: Yamamoto
ABSENT: None
CITY COUNCIL -164- May 17, 1971
RES. 71--45 RESOLUTION 71-45 OVER-
SAN BERNARDINO RIVERSIDE RULING THE DECISION OF
COUNCIL OF CHURCHES ']?HE PLANNING COMMISSION
AND GRANTING A VARIANCE
ON VARIANCE APPLICATION 71-12 FILED BY SAN BERNARDINO~-
RIVERSIDE COUNCIL OF CHURCNESj SUBJECT TO APPLICABLE
CONDITIONS was adopted, on motion of Councilman Villa~ seconded
by Councilman Patterson, and carried on the following roll calI vote:
AYES:
NOES:
ABSENT:
Villa, Patterson Griset~ Yamamoto
Herrin, Evans, Markel
None
RES 71-46 At the Adjourned Regular
H & J MABURY COMPANY meeting of May 13 1971~ this
item was set for re-hearing
on June 7, 1971~ at 7:30 P, M , in the Council Chambers~ City Hall.
Annex~ 500 West Sixth Street Councilman Patterson requested that
in addition to sending notices of the hearing to persons within 300 feet
of the development~ notice should also be sent to all persons who spoke
at the previous hearing held on May 3~ ~971,
RES 71-47 RESOLUTIOI,T 71-47
FIRE PROTECTION TAX AUTHORIZr~TG PETITION
EXEMPTION TO THE BOARD OF
SUPERVISORS OF ORANGE
COUNTY REQUESTING EXCLUSION OF PROPERTY WITHIN THE
CITY OF SANTA ANA~ CALIFORNIA~ FROM THE LEVY OF ANY
ORANGE COUNTY TAX TO PROVIDE STRUCTURAL FIRE PROTECTION
AND MAKING FINDINGS OF FACT was adopted, on motion of Councilman
Markei~ seconded by Councilman Herrin: and unanimously carried.
RES: 71~50 RESOLUTION 71-50 OF THE
UNIFORM RELOCATION CITY COUNCIL OF THE CITY
ASSISTANCE OF SANTA ANA, CALIFORNIA~
PROVIDING ASSURANCES
PURSUANT TO UNIFORM RELOCATION ASSISTANCE AND REAL
PROPERTY ACQUISITION POLICIES ACT OF 1970 was adopted~ on
motion of Councilman Viiia~ seconded by Councilman Market, and
carried on the foIlowing roll call vote:
AY ES:
NO ES:
ABSENT:
Villa, Patterson~ Griset, Yamamoto Evans
Marke!; Herrin
None
Prior to adoption, the C:ity Manager stated that persons who must
relocate because of condemnation proceedings often require assistance;
and that this resolution gives the City an opportunity to provide that
assistance where there is a direct and immediate hardship, with help
from the State and Federal levels
CITY COUNCIL -165- May 17, 1971
RES. 71-50 - (Continued)
Councilman Herrin stated that he is very definitely opposed to this
Resolution because it should be the responsibility of the City of
Santa Aha, not the Federal government, to assist Santa Ana citizens.
Councilman Markel stated that he would not withdraw his motion,
but would %vithdra~v all support for this project; and that it should be
the responsibility of the City°
TRAFFIC The report of control
devices removed or installed
from April 29 through
May 11, 1971, inclusive, ~vas received and ordered filed, on motion of
Councilman I-Ierrin, seconded by Councilman Yamamoto, and unanimously
carried.
ALCOHOLIC BEVERAGE It was moved by Councilman
LICENSE APPLICATIONS Herrin, seconded by Council-
man Evans, and unanimously
carried, to receive and file the following Alcoholic Beverage License
applications:
J & G MARKET, 407 E. Central Ave., Off Sale Beer
& Wine, Person Transfer;
SULLY'S SIDE POCKET, 1Z30 S. Main Street, On Sale
Beer, Person Transfer;
B & B MARKET, 401 E. Chestnut, Off Sale Beer &
Wine, Original Application;
and to instruct the City Attorney to file a protest with the Alcoholic
Beverage Control Board to the issuance of the following license
because it is located within 300 feet of a Residential zone:
BONANZA SIRLOIN PIT, llZ0 W. 17th Street, On Sale
Beer & Wine, Original Application.
SOLICITATION APPLICATION The following Solicitation
Application was approved
on motion of Councilman
Evans, seconded by Councilman Yamamoto and unanimously carried:
AMERICAN LEGION AUXILIARY, Santa Ana Unit 131,
317 S. Flower, poppy sale, May Zl-ZZ, 1971.
CITY COUNCIL
-166- May 17, 1971
VARIANCES AND During discussion of Variance
CONDITIONAL USE PERMITS Application 71-20 filed by the
R.H~ Grant Company to construct
a two-story townhonse development in the R 1 and CR Districts at 222 W.
Dyer Road, it was reported by staff that this site was originally approved
for a 300-unit apartment develop~ent and a 400-unit mobile home
development; that R. Ho Grant Company has now acquired these properties
and is asking that VA 70-8 providing for the mobile homes be rescinded
and in its place VA 71-20 be granted for the townhouse development, and
later on possibly fourplexes; that they' will also ask for approval to build
82 single-family units in place of the 300-.unit apartment house development.
Mr. Bert Garcia, 2602 South Olive, objected to the change from mobile
homes to townhouses, stating he was spokesman for a number of citizens
in the area who felt that this would increase population density, requiring
new schools.
The Planning Director stated that townhouses would create a higher density
because of the number of children to be expected in the development; however,
that schools and parks are already planned°
Mro Warren Toman, R.H. Grant Company, 1665 SouthBrookhurst, Anaheim,
stated that this is the first phase of the total mobile home development
that will be developed to townhouses or fourplexes; that the total area is
being reduced in density by about 100 living units°
The City Manager stated that in the study of the southwest area of Santa
Ana, this development was taken into consideration; that the changes from
mobile homes to townhouses and from apartments to single-family dwellings
are an advantage to the City.
On motion of Councilman Patterson, seconded by Councilman Villa, the
following applications were received and ordered filed:
VA 71-16, SANDVILLE DEVELOPMENT COMPANY - To
construct two-story apartments in the R 4 District, within
150' of R 1, at 1270 Eo IV[cFadden Avenue; APPROVED.
VA 71-20, Roll. GRANT COMPANY - To construct a two-
story townhouse development in the R 1 and CR Districts
at 222 W. Dyer Road; APPROVED.
The motion carried on the following roll call vote:
AY ES:
NOES:
ABSENT:
Patterson, Villa, Herrin, Griset, Evans, Markel
Yamamoto
None
Councilman Patterson stated that ConditionalUse Permit 71-11 to construct
a church and school facilities in the M 1 District at 3001 W. Sunflower
Avenue was approved by the Planning Commission on a 4 - Z vote because
the City Council had approved VA 70-67 for a church on this property; that
the staff had recommended denial because the use would be incompatible
with existing and proposed industrial uses, and it was not in conformance
with the General Plano
CITY COUNCIL -167- May 17, 1971
VARIANCES AND
CONDITIONAL USE PERMITS - (Continued)
The Planning Director stated that when the variance was approved,
it was for the church only; that CUP 71-11 now being considered
is for the same amount of land but also includes a school.
On motion of Councilman Herrin, seconded by Councilman
Yamamoto, the following application was received and ordered
filed:
CUP 71-11, CALVARY CHAPEL - To construct a
church and school facilities in the M 1 District at
3001 W. Sunflower Avenue; APPROVED°
The motion carried on the following roll call vote:
AYES: Herrin, Yamamoto, Griset, Markel
NOES: Villa, Patterson, Evans
ABSENT: None
RECESS At 3:15 P. Mo, a ten-minute
recess was declared. The
meeting was reconvened at
3:25 P.M., with all Council members present.
Councilman Villa's motion, seconded by Councilman Evans, to consider
Agenda Item ~SZ next because the applicant was in the audience, was
unanimously carried.
TENTATIVE PARCEL MAP #693 On motion of Councilman
Herrin, seconded by
Councilman Patterson and
unanimously carried, Council approved Tentative Parcel Map #693
filed by Elmer Benson creating two (g) C 1 parcels for commercial
use, located generally northwest of the intersection of Tustin Avenue
and Seventeenth Street, subject to conditions in report of Planning
Director dated May 11, 1971; and authorized waiver of the alley
requirement.
VA 71-20 Councilman Patterson's
R.H. GRANT COMPANY motion, seconded by Council-
man Herrin, to rescind VA
70-8 with the consent of the applicant, was unanimously carried.
CITY COUNCIL -168- May 17, 1971
PUBLIC PROPERTY USE On motion of Councilman
Markel, seconded by Council-
man Iqerrin and unanimously
carried, the following application for Special License to Use Public
Property was approved:
ORANGE COUNTY SHRINE CLUB, parade on Elk
Lane from rear of Saddleback Inn to Chestnut Street,
Sunday, June 13, 1971, from 11:00 A. IV~., to 11:45 A.M.,
and use of Prentice Park from 9:00 A.M., to 1:00 P.M.
PROPOSED CITY OF IRVINE Letter from W. 1~. Mason,
The Irvine Company, dated
May 7, 1971, concerning the
Irvine-Santa Aha Settlement Agreement dated May Z0, 1963, was
received and ordered filed on motion of Councilman Serrin, seconded
by Councilman Yamamoto, and carried on a 6 - 1 vote, Councilman
Evans dis senting.
REQUEST FOR WAIVER Council considered letter
received May 6, 1971, from
KoK. Ballenger requesting
waiver of sidewalks, curb, and gutter requirement in connection with
building improvements at 2417 W. Occidental. On motion of Council-
man Herrin, seconded by Councilman Villa, and unanimously carried,
Council declared that because of extenuating circumstances in this
particular case, the requirements of Municipal Code Section 33-47 are
not applicable, and granted the waiver request.
CAPITAL IMPROVEMENT Report of Planning Commission
PROGRAM, 1971 - 1976 recommended Capital
Improvement Program, 1971 -
1976 was received and ordered filed on motion of Councilman Markel,
seconded by Councilman Yamamoto, and unanimously carried.
DEEDS, NO CASH Council ordered filed the
GRANTEE, CITY report of No Cash Deeds
accepted by the City Manager,
pursuant to Resolution No. 69-156, from April 28, to May 11, 1971,
inclusive, on motion of Councilman Herrin, seconded by Councilman
Evans, and unanimously carried.
DEEDS, NO CASH On motion of Councilman
GRANTOR, CITY Herrin, seconded by Council-
man Evans, and unanimously
carried, the following deed was approved and the Mayor and Clerk were
authorized to execute the deed:
VARIOUS OWNERS OF RECORD, east side of Birch,
north of Murphy, to quitclaim excess sewer, drainage,
and water line easement.
CITY COUNCIL -169- May 17, 1971
TENTATIVE PARCEL/ On motion of Councilman
TRACT MAPS Herrin, seconded by
Councilman Evans, and
unanimously carried, the following maps were approved:
TENTATIVE PARCEL MAP #692 - Filed by
Santametrics Properties, creating two (2) M 1 ~
Parcels for industrial use located generally on
the north side of Castor Street, 40' west of
Susan Street, subject to conditions in report
of Planning Director dated May 11, 1971.
TENTATIVE PARCEL MAP #694 - Filed by
Summerville-Conzelman creating two (2) R 4
parcels for multiple residential use, located
generally southeast of the intersection of McFadden
Avenue and Standard Avenue, subject to conditions
in report of Planning Director dated May 11, 1971;
and the alley requirement was waived.
TENTATIVE PARCEL MAP #695 - Filed by
William Chinn creating two (2) R 2 parcels
for residential use, located generally on the
on /he west side of Bewley Street, 327' south
of Eleventh Street, subject to conditions in report
of Planning Director dated May ll, 1971.
TENTATIVE PARCEL MAP #696 - Filed by
Alton Investments creating three (3) CR parcels
for commercial use, located generally on the
east side of Bristol Street, south of Alton Avenue,
subject to conditions in report of Planning
Director dated May 11, 1971; and alley requirement
was waived.
TENTATIVE TRACT MAP #7161 - Filed by R. H.
Grant & Company creating eleven (11) lots to 'be
used for townhouse residential, located generally
south of Dyer Road, west of Main Street, subject
to conditions in report of Planning Director dated
May 11, 1971.
FINAL TRACT MAP #6610 It was moved by Councilman
Herrin, seconded by Council-
man Patterson, and unanimously
carried, to approve Final Map, Tract #6610, filed by Robert H. Grant
& Company for 30 lots, west of Main Street and south of MacArthur
Boulevard; accept the dedications thereon; and authorize execution of the
subdivision agreement and bonds.
CITY COUNCIL -170- May 17, 1971
MAXIMUM COMMISSION FOR Council approved the
SALE OF REAL PROPERTY BY recommendation contained
BROKERS in Director of Public Works"
report to City Manager dated
May 11, 1971, to amend Section 2-707 of the Santa Aha Municipal Code to
increase the maximum commission for sale of real property by brokers
from 5% to 6%, on motion of Councilman Herrin, seconded by Councilman
Patterson, on the following roll call vote:
AY ES:
NOES:
ABSENT:
Herrin, Patterson, Villa, Griset, Yamamoto, Evans
Markel
None
UCI PROJECT 21 The City Manager reported
that the request for financial
support for UCI Project 21
has gone out to a number of cities in Orange County; that the
recommendation of staff is to refer the matter to the League of
California Cities in order to determine the position of other cities in
the County.
Councilman Herrin's motion, seconded by Councilman Markel, that
the UCI Project 21 request for $1,000 be rejected, subject to
determination and recommendation by the League of California Cities,
failed to carry on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans
Markel, Villa, Patterson, Griset, Yamamoto
None
Councilman Patterson's motion, seconded by Councilman Villa, to refer
the UCI Project Z1 request to the League of California Cities for study
and recommendation, carried on the following roll call vote:
AYES: Patterson, Villa, Herrin, Griset, Yamamoto, Evans
NOES: Markel
ABSENT: None
IN-FIELD DICTATION SYSTEM Pursuant to the staff
AT POLICE FACILITY recommendation set forth
in the memorandum dated
May 5, 1971, regarding the In-Field Dictation System at the Santa Aha
Police Facility, it was moved by Councilman Patterson, seconded by
Councilman Evans and unanimously carried to:
(1) declare three dictaphone machines surplus; and
(z)
authorize the purchase of Nyematic Dictation
equipment, using trade-in and accrued rental
allowance as part payment.
CITY COUNCIL
-171- May 17, 1971
BUILDING CODE - USE OF Councilman Markel re~t*e, s3~d
ALUMINUM WIRE consideration of an amendment
to the Electrical Code which
would permit the use of aluminum wiring, as well as copper, in residential
construction.
On motion of Councilman Evans, seconded by Councilman Herrin, and
unanimously carried, the matter was referred to staff for a report from
the Director of Building and Safety.
MIA-POW PROGRAMS Councilman Herrin. reported
that he had attended a luncheon
meeting of the Realty Board
and had learned that neighboring cities are conducting programs in behalf
of the MIA-POW program° He requested that the City of Santa Ana join
in this effort to call attention to the plight of prisoners of war and their
families°
Councilman Patterson suggested establishing a plaque, perhaps as a
part of the new City Hall development, to commemorate prisoners of
war and those missing or killed in action. Councilman Herrin emphasized
the need for immediate action to encourage everyone who might to xvrite
letters or send telegrams to make others aware of the problem and of the
City's concern°
On motion of Councilman Herrin, seconded by Councilman Villa, and
unanimously carried, the City Attorney was directed to prepare a
Resolution ~l_'l~iten% 'to aid the MIA-POW programs.
COUNCIL COMMITTEE Councilman Yamamoto
ASSIGNMENTS requested that his committee
assignment be changed from
Police to Fire; Mayor Griset authorized this change~
INTERNATIONAL CONFERENCE On motion of Councilman Villa,
OF CITIES seconded by Councilman
Yamamoto, and unanimously
carried, Council authorized Mayor Griset, and any Councilman who
desires, to attend the International Conference of Cities in Indianapolis,
May 25-28, 1971.
AUTHORIZATION FOR On motion of Councilman Villa,
EXPENSES seconded by Councilman Evans,
and carried, Council authorized
payment of expenses incurred by Mayor Griset, and Councilmen Patterson,
Villa, and Markel for a League of California Cities meeting attended in
Sacramento on May 9-12, 1971. Councilman Herrin voted "No".
CITY COUNCIL
-172- May 17, 1971
FOURTH OF JULY Councilman Markel stated that
CELEBRATION a Fourth of July c~lebration will
be held on July 5, 1971, on South
Main Street between Edinger and McFadden, and requested that this portion
of Main Street be closed on that day, with signs posted.
AGREEMENT Councilman Patterson reported
DIEHL, EVANS & COMPANY that the City Council Subcommittee
on Auditing Services composed
of Councilmen Evans, Herrin and Patterson, had studied auditing services
and staff reports, and after discussion it was determined that present
auditing services the City is receiving have been good; that this firm is
retained by 16 of the Z5 cities in Orange County; that there are few firms
who do this type of accounting, and Diehl, Evans & Company is a Santa
Aha-based firm. On motion of Councilman Patterson, seconded by Council-
man Evans, and carried on a 6 - 1 vote, Councilman Markel voting "NO",
Council approved the new agreement with Diehl, Evans & Company in the
amount of $4,500.
SASSCER MEMORIAL Mr. Merle Larsen, President
of the Santa Aha Junior Chamber
of Commerce, submitted a
plan recently approved by the Parks and Recreation Board for dedication
of a parcel of property at Fourth and Ross Streets to be named Nelson A.
Sasscer Park, and requested that the Santa Ana Jaycees and the Santa Aha
Policeman's Benevolent Association be allowed to place an appropriate
marker at the location. Council unanimously approved the plan on motion
of Councilman Villa, seconded by Councilman Patterson.
RECESS At 4:40 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 H. L. Engle o£ the First
Baptist Church.
SPECIAL PRESENTATION The Mayor presented a special
ALLEN S. KOCH proclamation to Mr. Allen S.
Koch, former Surveyor and
Road Commissioner of the County of Orange, in recognition of his service
to the County of Orange and to the City of Santa Aha for the past 17 years,
through the period of most rapid growth the County has experienced, and
acknowledging Mr. Koch's outstanding cont~r~ibutions to highway planning
throughout the State.
CITY COUNCIL -173- May 17, 1971
PUBLIC HEARING The Planning Director stated
APPEAL #26Q that this appeal involves a variance
JESUS GUILLERMO GARCIA request to construct a duplex on a
lot with an existing single family
dwelling and a duplex in the R 1 District at 821 - 823 N. English Street. He
stated that the Zoning Administrator denied VA 71-23 because of the high
density which would result on this R 1 lot, and lack of adequate parking for
the tenants.
The Clerk reported no written communications had been received, and the
Iv[ayor opened the public hearing.
The applicant, Mr. Jesus G. Garcia, 1310 W. Marcella Lane, was present.
He stated he would be unable to buy another fourplex because of the high
cost of property at this time; that he could build on the present lot at much
less expense; that he would put up a good building, and he believed it would
improve the property without crowding anyone.
There were no further proponents or opponents in this matter, and the
Mayor declared the public hearing closed.
In further discussion, it was determined that the area, 60' X 60', would
be inadequate for the type of building to be constructed, and that access
would consist of a long driveway of minimum width, allowing only one-way
traffic. Councilman Serrin stated that there is a substantial amount of
area there which is obviously not being used for any good purpose and asked
if there was another use that would be appropriate for this land. The
Planning Director called attention to Condition 6 of the Zoning Administrator's
report in wl'~ich a single unit is suggested instead of a duplex.
Councilman Villa's motion, seconded by Councilman Herrin, to overrule
the decision of the Zoning Administrator and instruct the City Attorney to
prepare a Resolution granting Variance Application #71-Z3 subject to
conditions of approval contained in the Zoning Administrator's report dated
April 26, 1971, carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Villa, Herrin, Griset,
Patterson
None
Yamamoto, Evans, Iv[arkel
PUBLIC HEARING The Mayor opened the public
APPEAL #270 hearing on Appeal #270 filed
WILLIAA/i M. BEBERMEYER by William Irt. Bebermeyer
appealing the Zoning Administrator' s
denial of VA 71-24 to construct a duplex in the C 1 District at 17Z0 W.
Santa Aha Boulevard.
The Planning Director stated that surrounding land uses are mixed, and that
the Zoning Administrator's decision was based on the fact that there is need
for further study and zoning determination in this area; existing uses are
varied; and it is conceivable that this property could be surrounded with
industrial and commercial uses in the future.
CITY COUNCIL
-174- May 17, 1971
PUBLIC HE AI{ING
APPEAL #270, WILLIAM M. BEBERMEYER - (Continued)
The applican~was represented by his father, Mro Bebermeyer,
who stated that the lot has been for sale or lease much of the time
since they have owned it; that such approach was never successful
because of the small size of the lot; that there are many vacant
business buildings in the area and other businesses that are about
to be moved or closed; that there are countless business vacancies
in Santa Ana, but a shortage of housing; and that it is the applicant's
belief that a duplex would be more advantageous to the area and the
City than another business.
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.
On motion of Councilman Markel, seconded by Councilman Villa,
Council granted appeal ~Z70 and instructed the City Attorney to
prepare a Resolution granting Variance Application #71-24 subject
to conditions of approval contained in the Zoning Administrator's
report dated April 26, 1971, carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Villa, Markel, Herrin, Griset, Evans
Patterson, Yamamoto
None
PUBLIC HEARING The Mayor opened the
APPEAL #271 public hearing on Appeal
HAROLD GRIFFIN #Z71 filed by Harold Griffin
appealing Public Works
standard requirements ~5 and gla of Variance Application 71-gg to
utilize an existing building for storage in the R 2 District at 114 N.
Gunther Street.
The Planning Director stated that the Zoning Administrator approved
Variance Application ~71-22, subject to certain conditions. The two
conditions being appealed relate to Public Works Department require-
ments. The Public Works Director stated the conditions concern the
dedication and improvement of a section of the alley which runs behind
the applicant's property from Bewley to Gunther Street. He stated these
are standard conditions required in connection with any new development,
and presented photographs of the property and the alley.
The applicant, Mr. Harold Griffin, 3501 West First Street, was present.
He stated there is a parking problem in this area, and that if he is
required to dedicate Z½ feet of his property for alley purposes it will
come from their parking area; that the alley is not used for loading or
unloading, but only for access from Gunther or Bewley; and that he
questions that the alley will ever be developed further.
CITY COUNCIL -175- May 17, 1971
PUBLIC HEARING
APPEAL #271 HAROLD GRIFFIN - (Continued)
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.
The Public Works Director stated that the basis for the Z0' alley
is to allow two vehicles to pass° Councilman Patterson stated that
the City has standards set for Z0' alleys and that the requirements
in this case would be to dedicate and improve.
Councilman Herrin stated he was not in favor of requiring one man
to improve a portion of an alley, with the rest of the alley remaining
unimproved for an indefinite time, and suggested that Mr. Griffin
be required to post a bond to insure that he would pay his
proportionate share of the costs when and if the rest of the alley
is improved; that his only question is the appropriateness of making
the improvement at this time.
In response to questions by Councilman Evans, Mr. Wolford stated
that if the alley dedication is required, the chain link fence on the
property could be moved and there would still be ample room for
parking on the lot; that the required dedication and improvement
would help to reduce maintenance costs to the City.
Councilman Patterson's motion, seconded by Councilman Villa, to
deny Appeal #271 to Variance Application #71-22, amended at
Councilman Herrints request to add that Mr~ Griffin be allowed to
post a bond in lieu of making the improvement at this time, failed
to carry on the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Villa, Griset
Iqerrin, Yamamoto, Evans, Markel
None
Councilman Yamamoto's motion, seconded by Councilman Nerrin,
to grant Appeal #271 and instruct the City Attorney to prepare a
Resolution granting Variance Application 71-1 subject to remaining
conditions of approval contained in the Cornrnission report, with the
stipulation that the applicant post a bond to improve his portion of
the alley when the balance of the alley is improved, carried on the
following roll call vote:
AYES:
NOES:
ABSENT:
Yamamoto, Herrin, Griset,
Villa, Patterson
None
Evans, Markel
REC ESS
P. Mo, with all Council members present.
At 8:45 P.M., a ten-
minute recess was declared.
Council reconvened at 8:55
CITY COUNCIL
-176 -
May 17, 1971
Councilman Patterson requested that the staff conduct a study and
report to the Council on the Z0' alley requirement, and on surety
bonds. These matters were referred to the City Manager.
PUBLIC HEARING The Planning Director
APPEAL #272 reported thai 2i:L; a~, ~I
CHURCH OF THE BRETIqI~F2'$ ~t,J~ ¢~l~"f$1~¢d.'iil~
by the Charch of ~e
Brethren to appeal the Planning Commission's denial of Conditional
Use Permit 71-12 to permit a private school to utilize existing
church facilities in the R 2 District at 502 5. Ross Street; that the
application was denied by the Planning Co~ission on a 4 - 2 vote,
primarily because of the inadequacy of the outdoor recreational
area, the effect of undue noise on the single family dwellings
surrounding the church property, and the fact that the building was
designed for church school uses one hour, one day per week. He
stated that the Buil~ng Department had notified Planning that the
building had originally been designed as a Group B occupancy--
used for school purposes less than eight hours per week; that the
proposed use would require Group C classification; that subsequently
a report was received from Louis S. Gamble Associates, 403
Market Street, Long Beach, which revealed only minor discrepancies
as far as the Code is concerned to classify the building in Group ~.
The Mayor opened the public hearing. The following persons spoke
in favor of the appeal:
The Rev. Forrest Groff, 616 S. Birch Street, Pastor
of Church of the Brethren
Mr. Gorman Rensberger, 518 N. Broadway
Mr. Allan Harrison, 21863 Brill Road, Riverside
Mr. Ernest S. Jakel, 376 Greengrove Drive, Orange
Proponents stated that the Church was trying to find some way to be
of service to the community; that the church was built in 1924 and in
1960 the building was remodeled and the education building added to
house 200 or more in the Sunday school; that the church has given
unanimous approval to donate the building without change for the
Harrison School; that much of the opposition is based on the additional
noise in the neighborhood and arrangements have been made to provide
recreational facilities in the basement and eliminate any outdoo~
that the minor variations from what would be required by the Group C
occupancy could be taken care of with no problem; that this school would
help to alleviate the overcrowded conditions in public schools today; that
following the Planning Commission's denial of the Conditional Use Permit,
Rev. Groff and Mr. Harrison personally contacted residents of the area,
explaining the school in detail, and found very little opposition; that the
Harrison system of teaching provides class work that keeps the children
interested, and the indoor recreational facilities will be adequate; that
there is no State law requiring outdoor recreation.
CITY COUNCIL -177- MaylT, 1971
PUBLIC HEARING
APPEAL #272 CHURCH OF THE BRETHREN - (Continued)
The following persons spoke in opposition to the appeal:
Mrs. Jessie Backer, 512 S. Van Ness
Mg~ . Frank Geiger, 508 S. Van Ness
Mrs. Clara Smith, 512 W. Camille
Mr. Roy Warrecker, owner of property at 513,515,
517, and 519 S. Van Ness
Opposition was based on the following: That additional noise will be
created by busing the children to and from the school; that it will lower
real estate values; that it would be difficult to keep 100 children confined
with no outdoor recreation during the day; noise from the church late in
the evening; trash thrown on neighbors' yards following church suppers.
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.
RECESS
all Council members present.
At 9:50 P.M., a ten-minute
recess was declared. Council
reconvened at 10:00 P.I~., with
Councilman Herrin's motion, seconded by Councilman Villa, to overrule
the action of the Planning Commission and instruct the City Attorney to
prepare a Resolution approving Conditional Use Permit #71-1Z, subject
to conditions contained in Commission report dated April 26, 1971, and
contingent upon the agreement that the children will be kept inside the
building during school hours, carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Villa, Griset, Yamamoto, Markel
Patterson, Evans
None
LEASED HOUSING PROGRAM A proposal for a housing
program for persons of low
income, prepared by the
Santa Aha Human Relations Commission, was presented. The Rev.
Galal Gough stated that the Human Relations Commission hopes to begin
programs by which persons who are uprooted from their homes by
eminent domain and condemnation proceedings can be assisted in
resettlement. Mr. Sam Sandoval, Chairman of the Housing Subcommittee,
Human Relations Commission, stated that housing is one of the primary
concerns of the Commissiom He introduced Mr. Roy Uno, also serving
on the Housing Subcommittee, who gave a progress report of activities
and findings. He stated that their information was compiled from testimony,
reviewing existing statistical data, and field trips; that the SuCmcommittee had
visited seven poverty areas in the City, including the Logan area, Silver and
Progresso, Central Santa Aha, West Central Santa Ama, Santa Anita, Delhi,
CITY COUNCIL
-178- May 17, 1971
LEASED HOUSING PROGRAM - (Continued)
and the mini-street area east of Standard and north of Edinger; that
they also took field trips to San Diego and San Bernardino; and that
during his vacation, Rev. Gough ~isited Tulsa, Oklahoma, speaking
to the Housing Authority there. Mr. Uno stated that 21.5% of the
people in Orange County who are on welfare reside in Santa Ana;
that 12% of the people in Santa Aha have an income of between $3, 000
and $4, 499. Conclusions reached by the Subcommittee were: (1)
Santa Aha has the greatest number of substandard dwellings; (Z)
There are seven poverty areas within the city with a slum-type
environment; (3) Alarge percentage of these dwellings are owned
by absentee landlords; (4) the people living in these poverty areas
are primarily the aged, Negroes, Mexican-Americans, welfare
recipients, and rnilit~ry transients; (5) there exists in the city soclo~
economic and ethnic segregation of the people; (6) in the past,
the City has not initiated any planned, progressive action to
alleviate the deteriorating trend of housing; and (7) there is an
urgent need to implement a housing program for low-income families
and for senior citizens.
The Rev. Goughpresented an audio-visual report of the poverty areas
of Santa Aha and the manner in which other cities have overcome
this problem and the relocation of displaced persons by the use of
Leased Housing and other programs.
Mr. Sam Sandoval reviewed the proposal which was submitted to the
Council explaining the Leased Housing Program and presenting a
Resolution from the Human Relations Commission urging the City
Council of Santa Ana to initiate the preparation of a resolution to
establish a Section 23 Leased Housing Program for the City of
Santa Aha, and to request a staff report on the administration of
such a program.
Mr. Cliff Framer, 2049 South Halladay Street, spoke at length against
the Leased Housing Program, stating that he hoped the Council would
look at the other side of the pictttre; that poor housing does not necessarily
mean unhappy farnilleSo He further requested Council to consider the
costs involved and the amounts necessary to subsidize housing and the
source of that money,
Councilman Patterson's motion, seconded by Councilman Villa, to
limit Mr. Frazer's presentation to an additional ten minutes~ carried
on the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Villa, Griset,
Herrin, Evans, h4arkel
None
Yamamoto
Mr. Framer closed his remarks by requesting that a public hearing on
this subject be held before any action is taken by the Council; and stated
that he was not being represented in accordance with the Constitution
of the United States.
CITY COUNCIL -179- MaylT, 1971
LEASED HOUSING PROGRAM - (Continued)
Father John Coffield, 541 Eo Central, spoke in favor of the Leased
Housing Program on behalf of the Delhi community, stating that
studies made throughout the country show that a few people can
withstand the disadvantages of poor housing, but that many are
deteriorated by bad housing.
Mr. John Broadnax, 1630 W. Walnut, stated that too much emphasis
is placed on material values rather than human values~
Clarence Jackson, President of the NAACP of Orange County,
that he did not understand the necessity to refer the matter to
staff in view of the thorough report from the Human Relations
Commis s ion.
stated
Mr. Carl Schwartz, 702 Mabury, President, Mabury Homeowners'
Association, spoke in favor of the Leased Housing Program, He
stated that he had studied the proposal thoroughly and in his opinion
it is the most worthwhile expedient and fiscally sound way to get out
of the dilemma with regard to housing; that this program accentuates
private enterprise; that it is valuable from the standpoint of the land-
owner, the elderly, and the minority/racial groups; that it is sound
in terms of tremendous tax and fiscal pressures on the City government;
and that it is upgrading private housing without taking it off the tax
rolls~
Councilman Patterson's motion, seconded by Councilman Villa, to
instruct the City Attorney to prepare a Resolution establishing a
Section 23 Leased Housing Program for the City of Santa Ana, requesting
a staff report on the administration of subject program, and setting
a public hearing at the time the report is submitted to Council, was
carried on the following roll call vote:
AYES: Patterson, Villa,
NOES: None
ABSENT: None
Herrin, Griset, Yamamoto, Evans, Markel
RECESS
all Council members presento
At 11:45 P. Mo, a five-minute
recess was declared° Council
reconvened at lh50 PoM., with
HUMAN RELATIONS COMMISSION The Rev° Cough, Chairman
ANNUAL REPORT of the Human Relations
Commission requested the
various Chairmen to report on the activities of their committees during
the past year°
CITY COUNCIL
-180- May 17, 1971
HUMAN RELATIONS COMMISSION
ANNUAL REPORT - (Continued)
Mrs. Pat McGuigan, Chairman of the Hunger Subcommittee, reported
that her committee was established because of the desperate situation
in Santa Aha with inflation, unemployment, and the welfare situation;
that they had received testimony from many organizations; that they
had set up seven depots for collecting and distributing food and canned
goods to people in need, but did not receive too much response. They
then sent out letters to individual organizations, such as churches,
throughout the entire City to try to get volunteer help; at Christmas-
time the Balboa Bay Club suggested a toy collection; the toys were
presented to Mayor Griset who turned them over to the Human Relations
Commission, which made distribution to needy families in the City not
otherwise helped by different organizations.
Mr. Sam Sandoval, Chairman of the Housing Subcommittee, introduced
Roy Uno, who spoke of the following accomplishments of the committee:
A resolution on moral responsibility to families uprooted and displaced
through powers of eminent domain was presented and accepted by the
City Council; prepared a resolution in support of the Santa Aha Municipal
Bond Election; supported the Fair Housing laws; offered testimony
and supported by resolution the acceptance of the Bristol Tower Senior
Citizens High-Rise Development; assisted the Vaca family to receive
fair and equitable consideration from the City in re-establishing them
due to uprooting through eminent domain; and interceded between tenants
and the landlord at the Walnut Grove Apartments.
Mrs. Ruth Bellows, Chairman of the Youth and Education Committee, was
unable to be present. Rev. Gough stated that this committee is very
heavily involved in the Save Our Schools program; that they are working
on the problem of lack of sidewalks in the Valley School area; and are
trying to improve the quality of ~ducation for the children of Santa Anao
Mr. Norman Corbin, Chairman of the Labor and Industry Subcommittee,
urged adoption of an Affirmative Action Program. He stated that un-
employment causes a rise in crime, which in turn causes fear in the
City; that there are many programs which can be implemented to
alleviate unemployment.
Mr. Rudy Moreno, Chairman of the Law Enforcement & Education
Committee, was unable to be present. The Rev. Gough stated that
last year the committee realized there was need for more understanding
of police procedure and is working on a booklet entitled "Know Your
Rights and Responsibillties." They are also making a study on the
procedure for filing complaints with the Police Department.
The Rev. Gough stated that the recommendation of the Human Relations
Commission was that the status of the Commission as established by
Resolution not be changed for another year; that to establish the
Commission by Ordinance would limit the membership to eight, and
that it is essential to have 15 members.
CITY COUNCIL -t81- May 17, 1971
HUMAN RELATIONS COA41ViISSION
ANNUAL REPORT - (Continued)
Councilman Villa called the attention of the Council to the Walnut Street
situation, stating there is a very bad problem in connection with trash
accumulation~ which has brought rats to the area; he feels it is definitely
a health hazard and suggested that the City should take the initiative to
see that the trash is collected.
The City Manager reported that the City is aware of the problem in the
area and has been using every means available to combat it; that his
staff has been in constant communication with the Orange County Health
Department~
Mrs. Naomi Daniels, 605 Bamdal, stated that residents in an
apartment house in the 1600 block of West Walnut have been under a
great deal of strain from an activist group; that the landlord has
requested some of the tenants to move, and has refused to provide for
trash pickup; that armed guards patrol the area 24 hours per day; that
the City claims no responsibility; that she believes someone should see
that the area is cleaned up, as it is a health hazard.
In response to questions from Councilman Villa, the City Manager
stated that members of the Police, Fire, and Cornmu~ity~Rel~tions
Departments, as well as other members of the City staff, have
investigated this problem; that they have been in touch with the
owner; and that everything is being done, within the law, as opportunities
arise. He stated that the basic problem is a recent law which states that
the owner of a piece of property cannot evict a tenant for lack of payment
of his rent without going to court; that owners not wishing to go to court
to evict a tenant are following other procedures, such as refusing to
give service, in the hope that the pressure will force the tenants out.
The Rev. Gough stated that it appears Lincoln Savings & Loan will be
taking over these apartments, and negotiations can probably be carried
on with them.
Norman Corbin stated that on Walnut Street there are a group of
apartments with the type of trash bins:-, that can be picked up by the trucks.
The trash collectors removed the bins some time ago for non-payment of
trash fee and now the trash is thrown in the area where the bins ha~ been.
lie stated this constitutes a potential health problem to the entire community;
that the armed security guards were hired by the owner of the apartments;
that the tenants ~h~oe have trash and rats in their yards, and armed guards
partrolling the block.
Mrs. Biddle, 1518 Wo Pine Street, stated that the trash from the Walnut
Street apartments is blowing down the alley onto her street, and she would
like to see someone take the responsibility to clean it Upo
The City Attorney stat ed that Santa Aha Municipal Code Section 1,-13 states
that the City may summarily abate a public nuisance; that if the City sends
trucks in to collect the trash, service will be given to one area of the City
which is not granted to other areas.
CITY COUNCIL -182- IV[ay 17, 1971
HUMAN RELATIONS COMMISSION
ANNUAL REPORT - (Continued)
On Councilman Patterson's suggestion, it was agreed that after
abatement, the City would take appropriate action to recoup the
cost from the property owner°
It was moved by Councilman Patterson, seconded by Councilman
Villa, and unanimously carried, to declare the trash in and around
the area at~1623 Wo Walnut a public nuisance; to order its abatement
by the City; and to charge it as an assessment li~n against the
property.
On motion of Councilman Patterson, seconded by Councilman
Yamamoto, and carried, Council received and ordered filed the
Annual Report of the Human Relations Commission and commended
the Commission for its hard work during the past year. Councilman
Herrin voted "No".
RES. 71-48 RESOLUTION 71-48
PROPERTY CONTROL CLERK AMENDING SECTION 3
OF RESOLUTION NO. 58~281
TO ADD CLASS TITLE OF PROPERTY CONTROL CLERK was adopted
on motion of Councilman Evans, seconded by Councilman Patterson,
and unanimously carried~
RES. 71-49 RESOLUTION 71-49
ASSISTANT IDENTIFICATION AMENDING SECTION 3
TECHNICIAN OF RESOLUTION NO0
58-~.81 TO ADD CLASS
TITLE OF ASSISTANT IDENTIFICATION TECHNICIAN was adopted
on motion of Councilman Evans, seconded by Councilman Patterson,
and unanimously carried.
VA 71-13 Mro Chuck McA/lister was
VIOLET LEE BERNARD present, representing his
mother-in-law, Mrs. Violet
Lee Bernard who resides at 801 N. French. He stated that Mrs. Bernard
owns commercial property at 801 N. French Street which has been vacant
recently; that she has had a problem in renting it due to the length of time
that is required to obtain a variance; that she lost a tenant for an art
gallery for that reason, and now has another prospective tenant, but the
Planning Department has advised her that she must deposit an additional
$100 and apply for a new variance to cover the new tenant which wishes
to use the building for group therapy.
In discussion it was determined that the building has been rented for
commercial purposes for many years; that the problem has arisen due
to a change in the type of business° Councilman Patterson suggested
that Mr. McAllister discuss with the Planning Department the types
of business that could utilize the building without a variance, and
advertise only for that class of tenant.
CITY COUNCIL
-183- May 17, 1971
ADJOURNMENT
June 1, 1971, at 7:30 P.M.,
Street.
At 1Z:35 A. M., the Mayor
declared the meeting to be
adjourned to Tuesday,
in the City Hall Annex, 500 West Sixth
Florence L Malone
Clerk of the Council
CITY COUNCIL
-184
May 17, 1971