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HomeMy WebLinkAbout07-19-1971MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA July 19, 1971 The meeting was called to order at 2:05 P.M.~ in the Council Chambers of the City Hall Annexj 530 North Ross Street, with the following Councilmen present: Wade Herrin, Jo Ogden Markel, Jerry M. Patterson, Ray Villa, Harry K. Yamamoto, and Mayor Lorin Griset. Councilman Evans arrived at 2:15 P.M. Also present were City Manager Carl J. Thornton, 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 July 6, 1971, and Adjourned Regular Meetings of July 1 and July 7, 1971, were approved as submitted~ on motion of Councilman I-Ierrin, ~econded by Councilman Yamamoto, and unanimously carried. PROJECT 5011 On motion of Councilman Herrin, TRAFFIC SIGNAL seconded by Councilman Yamamoto, INTERCONNECT SYSTEMS and unanimously carried, Council ordered filed report of bids received for Project 5011, to construct traffic signal interconnect systems on Fifth Street from Broadway to French Street and to French and Fourth Streets; on Fairview Street from Fifth Street to Civic Center Drive West; install pedestrian signal heads at Third Street and Broadway~ Bristol Street and Warner Avenue and at Seventeenth Street and Broadway; awarded contract to the low bidder, Steiny and Company, Inc., Los Angeles; and rejected all other bids. SPEC. 271-106 On motion of Councilman Herrin, SLURRY SEAL seconded by Councilman Yamamoto, and unanimously carried, Council ordered filed report of bids received for Specification 271~106, Slurry Seal, annual requirernents, 1971-72; awarded contract to the low bidder, Ted R. Jenkins, Long Beach; and rejected all other bids. SPEC. 371-121 On motion of Councilman Herrin~ ASPHALTIC CONCRETE seconded by Councilman Patterson, and unanimously carried, Council ordered filed report of bids received for Specification 371-121, Asphaltic Concrete, annual requirements 1971-72; awarded contract to low bidder, Industrial Asphalt, Inc., Santa Ana; and rejected all other bids. CITY COUNCIL -243- July 19, 1971 BID CALLS On motion of Councilman Herrin, seconded by Councilman Markel, and unanimously carried, Council approved plans and specifications and authorized advertising for bids on the following: PARKING CONCESSION AT MUNICIPAL STADIUM; opening date August 11, 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-1087 ORDINANCE NS-1087 AMENDING SPECIFIC PLAN STREET THE SANTA ANA MUNICIPAL ALIGNMENT #42 CODE BY ADDING SECTION 41-744 RELATING TO SPECIFIC PLANS FOR STREET ALIGNMENT 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, Markel Evans Yamamoto ORD. NS-1088 ORDINANCE NS-1088 AMENDING OVERTIME PARKING THE SANTA ANA MUNICIPAL CODE BY AMENDING SECTION 36-27 THEREOF PERTAINING TO OVERTIME PARKING was passed to second reading, on motion of Councilman Yamamoto, seconded by Councilman Villa, and carried on a 5-1 vote. Councilman Markel voted NO, stating that he believes a $3.00 fine for overtime parking is excessive and will discourage development of the downtown area where the City is attempting to stimulate business. ORD. NS-1090 ORDINANCE NS-1090 PREZONING A.A. #684 AND ESTABLISHING DISTRICT HILBERT M. MUELLER CLASSIFICATION ON AMENDMENT APPLICATION 684 FILED BY HILBERT M. MUELLER AND AMENDING SECTIONAL DISTRICT MAP 5-5-9 (EXHIBIT AA 684 A) was passed to second reading, on motion of Councilman Markel, seconded by Councilman Patterson, and unanimously carried. RES. 71-68 RESOLUTION 71-68 DECLARING JOANA AND GRAND THE ANNEXATION OF TERRITORY SOUTHEAST ANNEXATION DESIGNATED "JOANA AND GRAND SOUTHEAST ANNEXATION" TO THE CITY OF SANTA ANA was adopted~ on motion of Councilman Patterson, seconded by Councilman Yamamoto, and unanimously carried. CITY COUNCIL -244- July 19, 1971 AGREEMENT Agreement extending for a five- SOIL AND MATERIAL year period the current agreement CONTROL TESTS between the City of Santa Ana and the County of Orange for soil and material control tests was approved and its execution by the Mayor and Clerk authorized, on motion of Councilman Herrin, seconded by Councilman Markel; and unanimously carried. AGREEMENT Agreement between the City of ARROW TIRE COMPANY Santa Ana and Lowell Carter dba Arrow Tire Company for encroaching sign at 603 West 17th Street was approved and its execution by the Mayor and Clerk authorized, on motion of Councilman Herrin, seconded by Councilman Villa, and unanimously carried. Councilman Evans arrived at 2:15 P. M. TRAFFIC The report of control devices removed or installed from June 29 through July 13, 1971, inclusive, was received and ordered filed, on motion of Councilman Villa, seconded by Councilman Yamamoto, and unanimously carried. ALCOHOLIC BEVERAGE LICENSE IT was moved by Councilman APPLICATIONS Herrin, seconded by Councilman Evans, and carried on a 6 - 1 vote, Councilman Yamamoto dissenting, to receive and file the following Alcoholic Beverage License Applications: THE SIDE DOOR, 1215-A Eo Pomona, On Sale Beer~ Person Transfer; SILVER DOLLAR, 2132 S. Main, On Sale Beer, Original; SOUTH MAIN BOTTLE SHOP, 2034 So Main, Off Sale Beer & Wine, Original; TRADE WINDS, 212 E. Fourth, New On Sale Beer, Original; WAJEEH MUGHRABI, 1432 W. Fourth, Off Sale Beer & Wine, Person Transfer~ SOLICITATION APPLICATIONS The following Solicitation Applications were approved on motion of Councilman Herrin, seconded by Councilman Evans, and unanimously carried: LIONS CLUB OF SANTA ANA~ P.O. Box 1401, to sell small white canes on the street to raise funds for sight conservation program, on September 10, 1971. CITY COUNCIL =245- July 19, 1971 SOLICITATION APPLICATIONS ~ (Continued) THE FELLOWSHIP-SANTA ANA, 1103 Third Street, person to person solicitation for community services, July 19 through September 17, 1971. VARIANCES AND CONDITIONAL USE PERMITS seconded by Councilman Villa, The following applications were received and ordered filed, on motion of Councilman Patterson, and unanimously carried: EXTl-7, DR. GEORGE GEORGIEFF - To allow a 6' high fence in the front setback area in the R 1 District at 2335 North Park Boulevard; APPROVED. VA 71731, ORANGE COUNTY EMPLOYEES ASSOCIATION - To waive a portion of the required yard setbacks for an eight story office building in the CD District and to permit tandem parking and waive a portion of the front yard setbacks for off street parking in the P District at 555 Civic Center Drive West; APPROVED. CUP 71-16, SAWS, INC., DBA BONANZA SIRLOIN PIT - To permit on sale beer and wine in an existing restaurant within 300' of residentially-zoned property in the C 1 and tR 1 Districts at 1120 W. 17th Street; APPROVED. POOL PARLOR APPLICATION Request of Robert B. and Doris Harrington for a permit to operate a pool parlor in conjunction with the Honey Bee Beer' Bar located at 1411 East First Street was approved on motion of Councilman Patterson, seconded by Councilman Herrin, and carried on a 6 - 1 vote, Councilman Yamamoto dissenting. There was discussion concerning the proper procedure for hearings in connection with Pool Parlor applications, and the City Attorney stated that he would present an Ordinance at the next regular meeting, August 2, 1971, on Uniform Appeal Procedure. In view of the discussion, Councilman Yamam'oto reqnested reconsideration of Mr. Harrington's application. Councilman Markel's motion, seconded by Councilman Villa, to reconsider the item failed on the following roll call vote: AYES: NOES: ABSENT: Markel, Villa~ Yamamoto Evans, Herrin, Griset, Patterson None CITY COUNCIL -246- July 19, 1971 PUBLIC PROPERTY USE On motion of Councilman Evans, seconded by Councilman Yamamoto, and unanimously carried, the following application for Special License to Use Public Property was approved: OUR LADY OF THE PILLAR CHUtRCH, 1622 West Sixth Street, fiesta from 7:00 P.M., to lh00 P.M., August §, 7, and 8, 1971. Mrs. Turnbaugh of Our Lady of the Pillar Church was present and requested waiver of the $300 deposit. Councilman Villa's motion to waive the fee failed for lack of a second. Staff was requested to investigate and justify the amount of the deposit required with Street Closure applic'ations. CALIFORNIA FREEWAY AND Report of Division of Highways EXPRESSWAY SYSTEM and notification of public hearings to be held on connection with recommendations for additions or deletions from the Freeway and Expressway System or the State Highway System, was received and ordered filed on motion of Councilman Evans, seconded by Councilman Yamamoto, and unanimously carried. On motion of Councilman Patterson, seconded by Councilman Herrin, and unanimously carried, Staff was requested to notify the Council in advance of any scheduled hearing in connection with California Freeway and Expressway System or the State Highway System involving the City of Santa Ana. CLAIM FOR PERSONAL Application for permission to INJURIES present late claim on behalf of William Bledsoe was denied, on motion of Councilman Herrin, seconded by Councilman Evans, and unanimously carried. COMPLETION OF IMPROVEMENTS Report of Completion of Improvements, TRACT 6855 Tract 6855, Flower Street at Keller AVenue, was approved~ and release of performance, monument, labor and material bonds was authorized on motion of Councilman Herrin, seconded by Councilman Evans~ and unanimously carried. STREET IMPROVEMENTS IN On motion of Councilman Patterson, NORTH SANTA ANA seconded by Councilman Markel, and unanimously carried, report of the Santa Ana Chamber of Commerce concerning street improvements in North Santa Ana was received and ordered filed. CITY COUNCIL -247- July 19, 1971 STREET IMPROVEMENTS IN NORTH SANTA ANA - (Continued) Mr. Martin Scott, Chairman, Subcommittee on Transportation and Air, Chamber of Commerce, spoke, reviewing the position of the Chamber in its recommendations regarding street improvements in North Santa Aha. The following persons also spoke in favor of street improvements and underground utilities in this area: Mr. Walter W. Westpheling, Manager, Bekins Moving & Storage, 2510 N. Main Street Mr. David Sauers, Vice President, Draper & Kramer of California Mr. Jack McCarley, Assistant General Manager, Bullock's 2800 N. Main Street Mr. Stephen Barnard, Vice President, Coldwell, Banker & Co., 2333 N. Broadway Mr. JamesE. Tweedt Mr. Scott read a letter from Don Christeson, President, Chamber of Commerce, concerning this matter; and informed the Council that a group known as the "Committee for North Main Street Improvement" has been organized informally to study the area from the Santa Ana Freeway underpass north to the City boundary, west to the Garden Grove Freeway, and east to Town and Country. They will also urge property owners to deed the necessary frontage for the rights of way without cost. Mr. McCarley also presented a letter from Bullock's, stating their position in favor of the improvements. Mr. Jerry Blower of Blower Brothers Mortuary, 2525 N. Main Street, stated that they are in favor of improving North Main Street and undergrounding utilities, but will object to the extension of Bush Street thrdugh their property. RECESS members present. At 3:05 P.M., aten-minute recess was called. The meeting reconvened at 3:15 P.M., with all Council COMPLETION OF IMPROVEMENTS Reports of Completion of TRACT 6630 - TRACT 7150 Improvements, Tract 6630, Grand Avenue at Wilshire Avenue, and Tract 7150, Towner Street and Carol Avenue, were approved, and release of performance, monument, labor and material bonds was authorized, on motion of Councilman Herrin, seconded by Councilman Evans, and unanimously carried. FINAL MAP~ TRACT 7362 to approve Final Map, Tract 7362. It was moved by Councilman Herrin, seconded by Councilman Markel, and unanimously carried, CITY COUNCIL -248 - July 19, 1971 RELOCATION OF ELECTRICAL On motion of Councilman Herrin, FACILITIES seconded by Councilman Evans, and unanimously carried, Council approved the expenditure of Gas Tax Funds in lhe amount of $26,672.55 for the relocation of electric utility facilities in Flower Street between Sunflower Avenue and MacArthur Boulevard, and a molion of intention to act favorably upon a Joint Use Agreement to be brought before them in the near fulure following its acceptance by the City Attorney and the City staff, said agreement being for the establishment for the new easement rights for the Southern California Edison Company within the right of way of Flower Street ~et~veen MacArthur Boulevard and Sunflower Avenue. UNDERGROUND UTILITIES On motion of Councilman Villa, DISTRICT seconded by Councilman Patterson, and unanimously carried, Council approved the schedule of expenditures for undergrounding projects through the fiscal year 1976-77 as submitted by the Department of Public Works, and approved the request in Henry T. Segerstrom's letter dated February 8, 1971 for an underground utility district on Sycamore between 8th and Washington for the 1973-74 fiscal year. DEEDS, NO CASH On motion of Councilman Herrin, GRANTEE, CITY seconded by Councilman Evans, and unanimously carried, Council ordered filed the report of No Cash Deeds accepted by the City Manager, pursuant to Resolution No. 69-156, from June 30 through July 13, 1971, inclusive. PACIFIC OUTDOOR Mr. Herbert A. Moss, Attorney, ADVERTISING BILLBOARD 1580 Eo Edinger, requested that the Pacific Outdoor Advertising billboard on Edinger near the Newport Freeway be removed as non-conforming. Mr. Jay Kingery, Pacific Outdoor Advertising, 1740 Narva Street, Los Angeles, stated that it was necessary to relocate the billboard, since one pole was located on the property line between the Erickson property and the Emison property; thai at the time of relocation, all new material was used in the sign in order to improve its appearance, After discussion, Council declared the billboard to be a new sign and ordered it removed as non-conforming, on motion of Councilman Patterson., seconded by Councilman Evans, and carried on the following roll call vote: AYES: NOES: ABSENT: Patterson, Evans, Herrin, Griset~ Yamamoto Villa, Markel None CITY COUNCIL -249- July 19, 1971 CITIZEN TAX STATEMENTS The report from staff dated July 15, 1971, concerning the County's preparation of tax statements and the proposed change of format was received and ordered filed, on motion of Councilman Patterson, seconded by Councilman Evans, and unanimously carried. TENTATIVE PARCEL MAP #701 On motion of Councilman Evans, seconded by Councilman Herrin, and unanimously carried, Council approved Tentative Parcel Map #701 filed by Velce Development Company creating two (2) M 1 parcels for use as a service station and a restaurant, located generally north of Dyer Road betwee~ Grand Avenue and the Newport Freeway, subject to conditions in report of Planning Director dated July 1971; and waived the alley requirement. TENTATIVE PARCEL MAP #702 On motion of Councilman Herrin, seconded by Councilman Markel, and unanimously carried, Council approved Tentative Parcel Map #702 filed by Glen Gardner creating three (3) A 1 parcels for residential use, located generally on the east side of Mountain View Street, 755' south of Fifth Street, subject to conditions in report of Planning Director dated July 13, 1971. TRAFFIC SIGN Councilman Evans read a FLOWER AT ST. ANDREWS petition from Mr. Robert Nelson, 1921 Woodland Place, signed by 452 persons, requesting a 4-way stop sign on Flower Street at St, Andrew Place. On motion of Councilman Herrin, seconded by Councilman Villa, and unanimously carried, Council received and ordered filed the petition fr~om Mr. Nelson, and referred the matter to the Staff for investigation and report to Council at a later date. RECESS Council members present. At 3:50 P.M., a five-minute recess was declared. The meeting recon- venedat 3:55 P.M., with all SIGN ORDINANCE REVISION Mr. Walter Brooks, President, Excell-Ad Electric Signs, Inc., 2312 Susan, requested consideration of revising of S.A.M.C. Section 41-619.4, Item (5)~ Paragraph (C) reading: "One (1) wall sign or projecting double-faced sign for each business located on the property ..... "to read: "One (1) wall sign and/or projecting doublelfaced sign for each business located on the property . . . "or to read: "Either one (1) CITY COUNCIL -250- July 19, 1971 SIGN ORDINANCE REVISION - (Continued) wall sign or projecting double-faced sign for each business located on the property... . " The request was referred to Staff for recommendation and report to Council at a later date, on motion of Councilman Patterson~ seconded by Councilman Herrin and unanimously carried. NEW DEVELOPMENT 17th AND GRAND corner of Grand and 17th S~reet. Council at a later time. Councilman Patterson requested information from Staff concerning construction at the northwest The Director of Planning will report to the EXECUTIVE SESSION At 4:10 P. M., the meeting was adjourned to an Executive Session to consider personnel matters and the status of the agreement with the Irvine Corporation. The meeting reconvened at 5:15 P.M., with all Council members present. RECESS At 5:15 P. M., the meeting was recessed to 7:30 PoM., 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 Rev° Ramon Daniel of the Assembly of God Church. SPECIAL RECOGNITION The Mayor presented Certificates of Appreciation for outstanding service to the City of Santa Aha to Everett Parks, who served on the Planning Commission for eight years, and to David Hayes, who served on the Personnel Board for four years. AUCTION SALE OF CITY The Mayor announced the sale of OWNED REAL PROPERTY real property located at the north- west corner of Civic Center and Townsend (Surplus Property Report 71-06); on which the City had received a bid of $5j 000 from Mr. Juan Pantoja through Ponce Realty. The Mayor invited additional bids on the property from anyone present; after three calls with no response, the Mayor declared the property sold to Mr. Pantoja and instructed him to deliver to the Clerk of the Council his written statement of bid. A cashier's check in the amount of $500.00 was on file in the City Treasurer's office. CITY COUNCIL -251~ July 19, 1971 PUBLIC HEARING The Mayor opened the public MISSION AMBULANCE SERVICE hearing on the request of Mission Ambulance to operate an ambulance service in the City of Santa Ana. Mr. Joseph T. Klein, 1441 Grand Avenue, Orange, representing Mission Ambulance Service, stated that the purpose of the request was to secure a business license to operate four ambulances in the City of Santa Aha; that they were not asking for police and fire rotation, but only for permission to pick up private passengers within the City to transport them to the hospital; that they have just been awarded a Federal contract to supply service to the Long Beach Veterans Hospital; that, in addition, Mission Ambulance is in the process of establishing the para-medic concept in ambulance service wherein the ambulance attendants may render advanced medical care to a patient being transported to a hospital. Mr. Carl Swartz, 702 Mabury Street. spoke in favor of granting the permit, stating that he had known Mr. Klein for many years and wished to provide a character reference. The following persons spoke in opposition to the permit: Sherman Ninburg, Southland Ambulance, 1919 West 17th Street Leon Ninburg, Southland Ambulance, 1919 West 17th Street John Morrow, Morgan Ambulance, 1322 N. Sycamore Street Frank Morgan, Morgan Ambulance, 1322 N. Sycamore Street Darrel Stump, Schaefer Ambulance, 2227 S. Bristol Street Opponents stated there is not enough business in Santa Ana for this type of service to warrant additional ambulance permits; that the companies presently holding permits in the City average two to three calls per day; and that the advanced medical service described by Mr. Klein would take many years of training and is not sanctioned by the State at this time. Mr. Klein spoke in rebuttal, stating that on June 17th of this year, the State passed into law an Act approving para-medic ambulance service and that their personnel are trained especially for this type of medical care. In response to questions from the Council, the City Attorney stated that if an ambulance company is servicing a Federal contract, the City would not require a special permit; however, if they also accept calls from private patients, a Certificate of Public Convenience and Necessity should be obtained. There were no further proponents or opponents in this matter. The Clerk stated no written communications had been received, and the Mayor closed the public hearing. CITY COUNCIL -252- July 19, 1971 PUBLIC HEARING MISSION AMBULANCE SERVICE - (Continued) Councilman Herrin's motion, seconded by Councilman Yamamoto, to grant the permit to Mission Ambulance to operate four ambulances within the City of Santa Ana, carried on the following roi1 call vote: AYES: Herrin, Yamamoto, Villa, Evans, NOES: Griset ABSENT: None Patterson, Markel PUBLIC HEARING APPEAL #275 SANTA ANA UNIFIED SCHOOL DISTRICT The Director of Planning stated that the variance requested by Derby Land Company would allow construction of a 289-unit apartment complex and commercial development in the It 1 District at 600 N. Fairview Street; that the Santa Ana Unified School District desires to acquire this site for a secondary school in this area. The Clerk reported no written communications had been received, and the Mayor opened the public hearing, which had been continued from July 6. Mr. Wilford Michael, Assistant Superintendent of Business, Santa Ana Unified School , 1405 N. French Street, stated that they are appealing the Planning Commission's approval of VA 71-21 because this property is the only site of approximately 20 acres north of First Street that could be used for construction of a secondary school in this area, and that the School Board is proceeding to purchase the property; that the property is not now in the Santa Ana Unified School District but is being annexed; that students would come from east of Bristol and north of First Street. Mr. Tom White, representing Derby Land Company, 10801 National Boulevard, Los Angeles, spoke in opposition to the appeal. He stated that the appeal should be invalidated, as the Santa Ana Unified School District is not a party to this action and does not own property in the surrounding area; that the site is a bad location for a school due to heavy traffic on the streets in the area, and it is not centrally located in the area it will serve; that the School District does not plan to build in the immediate future, and the developer has spent money for engineering site plans and structural drawings; and that even if the property is rezoned now for the apartment development, the School can condemn the property later when it is ready to build. There were no further proponents or opponents in the matter, and the Mayor declared the public hearing closed. Councilman Evans motion, seconded by Councilman Herrin, to uphold the decision of the Planning Commission and instruct the City Attorney to prepare a Resolution granting Variance Applicat'ion 71-21, failed to carry on the following roll call vote: AYES: NOES: ABSENT: Evans, Herrin, Markel Villa, Griset, Yamamoto, None Patterson CITY COUNCIL -253- July 19, 1971 PUBLIC HEARING APPEAL #275 SANTA ANA Ul~IFIED SCHOOL DISTRICT - (Continued) In discussing the matter, Council members stated that it is their under- standing that with the bond approval, the School District can now proceed with acquisition of the property and construction of the school; that an apartment development would be contrary to the General Plan which proposed this area as a park site; that density in the City has grown tremendously due to approval of variances of this type; that granting the variance would only increase the need for more schools and other services. Councilman Villa's motion, seconded by Councilman Yamamoto, to overrule the decision of the Planning Commission and instruct the City Attorney to prepare a Resolution granting Appeal #275 and denying Variance Application 71-21, carried on the following roll call vote: AYES: NOES: ABSENT: Villa, Yamamoto, Griset, Patterson Evans, Herrin, Markel None RECESS members present. At 8:50 P.M., a ten-minute recess was declared, Council reconvened at 9:00 P. M. ~ with all Council PUBLIC HEARING The Mayor opened the public APPEAL #276 hearing on Appeal #276 filed CAL-PENN LAND COMPANY by Trans-Columbia Investments, agents for Cal-Penn Land Company, appealing the Planning Commission's denial of VA 71-32 to construct a two- story 56-unit garden apartment complex in the R 1 District at 516 S. Euclid Street. The Clerk reported no written communications had been received. Mr. Hugh Foreman, 2530 N. Grand Avenue, spoke in favor of the appeal. He presented a sketch showing the surrounding area; and stated that because of the size and shape of the property, it cannot be economically developed as R 1; that the plot plan for the apartments has been developed with 46% open space and all of the living area facing toward the interior. Mr. John Klug, Klug Development Company~ Newport Beach, also spoke in favor of the appeal, and presented color renderings showing architecture and landscaping. The following persons spoke in opposition to the appeal: Mr. Bob Oakley, 516 S. Maxine Street Mr. Sam Batdorf, 5314 W. Keelson Mr. Charles Rothlauf, 5318 W. Keelson Avenue Mr. Howard Thurber, 422 S. Maxine Street Mrs. Pat McGuigan~ 5642 W, Keelson Avenue. CITY COUNCIL -254- July 19, 1971 PUBLIC HEARING APPEAL #276 CAL-PENN LAND COMPANY - (Continued) Opposition was based on the following: That under the General P~an, this area was proposed to be rezoned into a low-density area; that the area could be developed into ten R 1 lots; that schools in this area are already over- crowded; that there is heavy traffic on the streets in this area, presenting a problem for children walking to school; and that there is much opposition to the apartment complex from owners and tenants in the neighborhood. On motion of Councilman Herrin, seconded by Councilman Yamamoto, and unanimously carried, all documents presented in the matter were received and ordered filed. Mr. Hugh Foreman, speaking in rebuttal, stated that the access from the complex to Euclid Street would be directly opposite to Davit; that in the General Plan there are specific pieces of property that can be developed in some other use compatible to the R 1 zone; if the property is developed in R 1 lots, they would have to face the parking lot of the fihurch and the service station, or the back of the houses on Keelsmn. NIr. Sam Batdorf spoke again, stressing opposition arguments. There were no further proponents or opponel~ts, and the Mayor closed the public hearing. Councilman Yamamoto~s motion, seconded by Councilman Patterson, to uphold the decision of the Planning Commission to deny Variance 71-32 and instruct the City Attorney to prepare a Resolution denying Appeal #276, carried on the following roll call vote: AYES: NOES: ABSENT: Yamamoto, Patterson, Villa, Evans, Griset, Herrin None Markel RECESS P. M., with all Council members present. At 9:55 P.M., a 5-minute recess was declared. The meeting reconvened at 10:00 PUBLIC HEARING BUDGET FISCAL YEAR 1971 -72 The Mayor opened the public hearing on the proposed Budget for Santa Ana for the fiscal year 1971 - 1972. Mr. Tom McMichael spoke, representing the Santa Ana-Orange-Tustin Board of Realtors and the Finance Committee of the Chamber of Commerce, he stated that both groups are very pleased with the Budget as presented, but would be opposed to any possibility of adding new taxes or increasing the property tax. CITY COUNCIL -255- July 19, 1971 PUBLIC HEARING BUDGET FISCAL YEAR 1971 - 72 - (Continued) Mr. Wayne Rash, 522 West First Street, suggested that the surplus indicated in the Budget could be used for financing a Bus Transportation System for the City. After determing that no one else wished to speak on this matter, the Mayor closed the public hearing. In discussion, it was indicated that the carry-over from the previous budget was $400,000 due to an increase in business level in the first quarter of this calendar year; that about $200,000 would be needed for increases in utilities, and other increases in costs subsequent to preparation of the Budget; that the Council has allocated $76,000 of this amount to Parks and Recreation; tnd that the County Assessor's report indicates 4 1/2% in assessed value instead of the ~% estimated, which will use another $65,000 of the carry-over, leaving approximately $60,000. As an addition, the Council acted to increase the fines and forfeitures. This will bring the amount to approximately $100,000 to be put into a contingency fund or into a specific area. Councilman Patterson's motion, seconded by Councilman Evans, to approve and adopt the 1971-72 Budget, including the $76,000 previously allocated, and hold the remainder of the carry-over in a contingency fund pending the decision on the transit system, carried on the following roll call vote: AYES: NOES: ABSENT: Patterson, Evans, Villa, Herrin, Griset, Yamamoto Markel None The City Manager presented an ordinance adopting the Annual Budget. Councilman Patterson's motion, seconded by Councilman Evans to read the Ordinance by title only, was unanimously carried. ORDINANCE NS-1089, AN ORDINANCE ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 1971 AND FIXING THE LIMITATIONS OF EXPENDITURES FOR THE SEVERAL FUNDS AND THE FUNCTIONS, DEPARTMENTS AND ACTIVITIES CARRIED UNDER SUCH FUNDS, was passed to second reading on motion of Councilman Villa, seconded by Councilman Patterson, and carried on the following roll call vote: AYES: NOES: ABSENT: Patterson, Villa, Evans, Herrin, Markel None Griset, Yamamoto. CITY COUNCIL -256- July 19, 1971 TRANSIENT OCCUPANCY TAX On motion of Councilman Patterson, seconded by Councilman Villa, and unanimously carried, letter from Robert L. Citron dated July 15, 1971, requesting consideration of an Transient Occupancy Tax, or "Bed Tax", was referred to staff for study and report at the next regular Council meeting. The City Manager stated that, although there was no recommendation in the Budget for any increases or new sources of revenue, there is an obligation to increase the income for the garbage and trash operation; that the source of revenue should be those being served; and that there will be a recommendation presented to Council for an increase in the trash rate. AFFIRMATIVE ACTION POLICY Councilman Herrin stated that he had only recently received a copy of the Staff's Affirmative Action report; that he had not had time to study it thoroughly, and moved to continue the matter to the next regular Council meeting. Councilman Markel seconded the motion. Other members of the Council were in favor of considering the report at this meeting. After discussion, Councilman Herrin stated that as maker of the motion it was not his intent to take any action to refrain from discussing the matter at this meeting; but that he did not wish to take any official action to adopt or to finalize the policy at this meeting. With the consent of the second, he withdrew his motion. The Mayor opened lhe matter for discussion. Mr. Jesse Berry, 622 S. Townsend, stated that he wished lo speak, but would prefer to hear the Council's comments first. The consensus of the C~uncil was that the goals mentioned in the report could be supported. Councilman Herrin stated that he objected to the requirement that contractors must maintain an ethnic balance in a percentage the same as exists in the community; thai this would be discriminating against the employer. Council questioned whether this program applies only to private contractors or also to the City; what determines the percentage--the City population or the entire area; and whether job requirements could be reduced to allow hiring of less skilled individuals. Councilman Evans requested clarification of Phase 3. Staff stated that the report presently submitted concerns the contractor Compliance phase only; thai many ethnic groups have not found their way into some of the higher-paying craft jobs because of lack of training, and Phase 3 would provide such training; and that Part 2 of the report would deal with the City's hiring practices. CITY COUNCIL -257- July 19, 1971 AFFIRMATIVE ACTION POLICY - (Continued) Mr. Jesse Berry, 622 S. Townsend, stated that he feels it is important that the City Council make its commitment and the administrative staff carry it out; that they should begin building the program now. The Rev. Galal Gough, 2112 N. Baker, suggested that preference should be given to Santa Anans in hiring. Mr. Clarence Jackson, 1501 W. Raymar, stated that if the Council does not take immediate steps to initiate the program, they will be shunning their responsibility to the people. Norman C. Corbin, 617 S. Shelley, urged immediate adoption of the three major goals of the Affirmative Action program. On motion of Councilman Patterson, seconded by Councilman Villa, Council adopted the Affirmative Action Program goals set forth as follows in the REPORT ON AFFIRMATIVE ACTION CONTRACT COMPLIANCE PROGRAM dated July 15, 197h (1) aggressively informing minority or ethnic members of the community of an employing organization's efforts to foster equal employment opportunities. (2) making a special effort to attract and hold minority group employees in the organization, and, (3) in cases where the minority persons' present level of skill and knowledge might not be sufficient to fulfill the employer's needs, to assist them through training programs to improve their skills so that they might be in a better position to compete for promotion, if so desired. The motion carried on the following roll call vote: AYES: Patterson, Villa, Eyans, Griset, Yamamoto NOES: Herrin, Markel ABSENT: None Councilman Patterson's motion, seconded by Councilman Villa, that further consideration of the Affirmative Action Program goal imple- mentation be continued to the second meeting in August, with the instruction that this Study be disseminated to interested organizations, was unanimously carried. MATCHING FUND PROGRAMS The Rev. Galal Gough~ 2112 N. Baker, requested a staff report on available "Matching Fund Programs" of the Federal government. The City Manager stated that this is a continuing program; that there are many such programs. CITY COUNCIL -258- July 19~ 1971 MATCHING FUND PROGRAMS - (Continued) Councilman Patterson's motion, seconded by Councilman Yamamoto, that the request of the Human Relations Commission be referred to staff for a report including recommendations from the Commission as to possible programs, carried on a 6 - 1 vote~ Councilman Herrin dissenting. LAFER REPORT Councilman Patterson asked if Part 2 of the Lafer Report had been received. The Director of Planning stated it has been received. He was requested to provide copies to each Councilman. ADJOURNMENT The Mayor declared the meeting to be adjourned at lh50 P.M. Florence I. Malone Clerk of the Council CITY COUNCIL -259- July 19, 1971