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HomeMy WebLinkAbout09-07-1971MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA September 7, 1971 The meeting was called to order at 2:10 P. M., in the Council Chambers of the City Hall Annex, 530 North Ross Street, with the following Council- men present: Vernon S. Evans, Wade Herrin, J. Ogden Markel, Ray Villa, Harry K. Yamamoto, and Mayor Lorin Griset. Councilman Patterson arrived at 2:40 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 August 16, 1971, were approved as submitted, on motion of Councilman Villa, seconded by Councilman Herrin, and unanimously carried. PROJECT 1326A On motion of Councilman BOX CULVERT Yamamoto, seconded by Councilman Villa, and unanimously carried, Council ordered filed report of bids received for Project 1326A, to construct reinforced concrete box culvert at MacArthur Boulevard and the F-2 Channel; awarded contract to Ecco Construction, Inc., Santa Aha, on the basis of low bid; and rejected all other bids. PROJECT 6041A On motion of Councilman RECREATION BUILDING Herrin, seconded by Council- man Yamamoto, and unanimously carried, Council ordered filed report of bids received for Project 604LA, to construct a recreation building in Sandpointe Park; awarded contract to K R W Corporation, La Habra, on the basis of low bid; and rejected all other bids. BID CALLS On motion of Councilman Her~in, seconded by Councilman Yamamoto, and unanimously carried, Council approved plans and specifications and authorized advertising for bids on the following: PROJECT 2012 - Construct Dyer Road from Flov~er Street to Main Street, and CITY COUNCIL -290- September 7, 1971 BID CALLS - (Continued) PROJECT 1322 - Construct Flower Street from Sunflower Avenue to MacArthur Boulevard; opening date October 11, 1971. PROJECT 6045 - Install lighting at two ball fields in Centennial Park; opening date October 11, 1971. SPEC. 641-245 - 20 park benches and 43 picnic tables; opening date September 21, 1971. SPEC. 641-246 - Street sweeper; opening date September 30, 1971. SPEC. 641-247 - One each, Stump Cutter; opening date September 21, 1971. SPEC. 641-248 - Six-channel Polygraph and Desk; opening date September 23, 1971. READING WAIVED On motion of Councilman Herrin, seconded by Council- man Evans, and unanimously carried, the full reading of ordinances and resolutions, the titles of which appeared on the public agenda, was waived. ORD. NS-1091 ORDINANCE NS-1091 TRANSIENT OCCUPANCY TAX PROVIDING FOR TRANSIENT OCCUPANCY TAX was adopted, on motion of Councilman Evans, seconded by Councilman Villa, and carried on the following roll call vote: AYES: NOES: ABSENT: Evans, Villa, Griset, Yamamoto Herrin, Markel Patterson Prior to voting on the ordinance, Mrs. Noreen Sutton, 2211 East First Street, spoke in opposition to the tax. She stated that she is the owner of the Wishing Well Motel; that this tax is an inconvenience to the guest and a nuisance to the lodging operator; that collection of a room tax by motels is considerably more complicated than collecting sales taxes; that each exemption requires documentation and additional accounting; that the tax is discriminatory; and that the motel/hotel owners will fight the matter in Court, if necessary. CITY COUNCIL -291- September 7, 1971 ORD. NS-1092 ORDINANCE NS-1092 OF THE RATE OF+ TAXATION CITY OF SANTA ANA, FISCAL YEAR 1971-72 CALIFORNIA FIXING THE AMOUNT OF MONEY ASCERTAINED TO FINANCE OPERATING AND CAPITAL EXPENDITURE COSTS OF THE VARIOUS DEPARTMENTS OF THE CITY, AND TO PAY THE BONDED INDEBTEDNESS FALLING DUE FOR THE CURRENT FISCAL YEAR 1971-72 FIXING THE RATE OF TAXATION FOR SAID CURRENT FISCAL YEAR, AND DESIGNATING THE NUMBER OF CENTS OF TAX ON EACH $100.00 OF ASSESSED VALUE FOR THE VARIOUS FUNDS OF SAID CITY HEREBY LEVIED ON THE WHOLE OF THE TAXABLE PROPERTY IN SAID CITY was adopted, on motion of Councilman Herrin, seconded by Councilman Evans, and carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Villa, Griset, Yamamoto Markel Patterson RES. 71-77 RESOLUTION 71-77 ASSESSMENT DISTRICT NO. 225 DESIGNATING NEWSPAPER - ASSESSMENT DISTRICT NO. 225, SANTA ANA, CALIFORNIA, was adopted on motion of Councilman Markel, seconded by Councilman Evans, and unanimously carried. RES. 71-78 There was discussion concerning ASSESSMENT DISTRICT NO. 225 the best date for a public hearing on this matter, and the consensus was that the suggested date of October 4 should be changed to November 1. RESOLUTION 71-78 APPROVING ASSESSMENT DISTRICT MAP - ASSESS- MENT DISTRICT NO. 225, SANTA ANA, CALIFORNIA was adopted on motion of Councilman Villa, seconded by Councilman Herrin, and carried on the following roll call vote: AYES: NOES: ABSENT: Villa, Herrin, Evans, Griset, Yamamoto Markel Patterson RES. 71-79 RESOLUTION 71-79 PROVIDING ASSESSMENT DISTRICT NO. 225 FOR LIQUIDATED DAMAGES - ASSESSMENT DISTRICT NO. 225, SANTA ANA, CALIFORNIA was adopted on motion of Councilman Herrin, seconded by Councilman Yamamoto, and carried on the following roll call vote: AYES: NOE S: ABSENT: Herrin, Yamamoto, Villa, Evans, Griset Markel Patterson CITY COUNCIL -292- September 7, 1971 RES. 71-80 RESOLUTION 71-80 ORDERING ASSESSMENT DISTRICT NO. 225 PLANS, SPECIFICATIONS AND ESTIMATE OF COST - ASSESS- MENT DISTRICT NO. 225, SANTA ANA, CALIFORNIA was adopted on motion of Councilman Herrin, seconded by Councilman Yamamoto, and carried on the following roll call vote: AYES: NOE S: ABSENT: Herrin, Yamamoto, Markel Patterson Villa, Evans, Griset RES. 71-81 RESOLUTION 71-81 ADOPTING ASSESSMENT DISTRICT NO. 225 PLANS AND SPECIFICATIONS ASSESSMENT DISTRICT NO. 225, SANTA ANA, CALIFORNIA was adopted on motion of Councilman Herrin, seconded by Councilman Yamamoto, and carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Yamamoto, Markel Patterson Villa, Evans, Griset RES. 71-.82 On motion of Councilman Herrin, ASSESSMENT DISTRICT NO. 225 seconded by Councilman Yamamoto, Council adopted RESOLUTION 71-82 SETTING TIME OF PUBLIC HEARING FOR PURPOSE OF DETERMINING WHETHER THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE ACQUISITION OF RIGHTS OF WAY AND IMPROVEMENT WORK - ASSESS- MENT DISTRICT NO. 225, SANTA ANA, CALIFORNIA, and set the public hearing on the 1st day of November, 1971, at 7:30 P. M., in the City Hall Annex. Motion carried on the following roll call vote: AYES: NOES: A BSE NT: Herrin, Yamamoto, Markel Patterson Villa, Evans, Griset RES. 71-83 On motion of Councilman Herrin, ASSESSMENT DISTRICT NO. 225 seconded by Councilman Yamamoto, Council adopted RESOLUTION OF INTENTION NO. 71-83 - ASSESSMENT DISTRICT NO. 225, SANTA ANA, CALIFORNIA,- changing the date of public hearing as set forth in SECTION 5 and SECTION 6 to November 1, 1971, 7:30 P.M,, City Hall Annex. Motion carried on the following roll call vote: AYES: NOES: ABSENT: He rrin, Yamamoto, Markel Patterson Villa, Evans, Griset RES. 71-84 RESOLUTION 71-84 ADOPTING ASSESSMENT DISTRICT NO. 225 SCALE OF PREVAILING WAGE RATES - ASSESSMENT DISTRICT NO. 225, SANTA ANA, CALIFORNIA was adopted on motion of Councilman Herrin, seconded by Councilman Yamamoto, and carried on the following CITY COUNCIL -293- September 7, 1971 RES. 71-84 - (Continued) roll call vote: AYES: NOES: ABSENT: Herrin, Yamamoto, Villa, Evans, Griset Markel Patterson RES. 71-85 RESOLUTION 71-85 ASSESSMENT DISTRICT NO. 225 CALLING FOR BIDS - ASSESSMENT DISTRICT NO. 225, SANTA ANA, CALIFORNIA was adopted on motion of Councilman Herrin, seconded by Councilman Yamamoto, and carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Yamamoto, Villa, Evans, Griset Markel Patterson Resolution 71-85 was amended to set. bid opening date on the 18th day of October, 1971 at the hour of 2:00 P.M., with the results of said bidding to be reported to the City Council at its regular meeting of November 1, 1971, on motion of Councilman Herrin, seconded by Councilman Villa, and carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Villa, Evans, Griset, Yamamoto, Markel None Patterson ENCROACHMENT AGREEMENT On motion of Councilman ORIGINAL HOUSE OF PIES Herrin, seconded by Council- man Villa, and unanimously carried, consideration of the lease between the City of Santa Ana and the Original House of Pies for an encroachment permit allowing Lessee's building to extend onto City of Santa Ana property was continued to the next regular meeting on September 20, 1971. CHANGE ORDER - PROJECT #1322A On motion of Councilman Evans, BOX CULVERT seconded by Councilman Herrin, and unanimously carried, Council approved Change Order No. 1, increasing the contract cost in the amount of $279.50 on Project #1322A, to construct box culvert and outlet struct~ire in the F-01 Channel at Flower Street north of Sunflower Avenue. JOINT USE AGREEMENT Joint Use Agreement between SOUTHERN CALIFORNIA the City of Santa Aha and the EDISON COMPANY Southern California Edison Company for occupancy and use of Shannon Street south of First Street was approved, and its executiOn by the Mayor and Clerk authorized, on motion of Councilman Evans, seconded by Councilman Yamamoto, and unanimously carried. CITY COUNCIL -294- September 7, 1971 Councilman Patterson arrived at 2:40 P.M. AGREEMENT On motion of Councilman Villa, GREAT WESTERN RECLAMATION seconded by Councilman Evans, Council amended Contract for Refuse Collection Addendum dated June 21, 1971, to read: "The per unit water meter cost factor .......... of one dollar and twenty cents ($1.20) is to be made effective indefinitely." Motion carried on the following roll call vote: AYES: NOES: ABSENT: Villa, Evans, Herrin, Markel None Griset, Yamamoto, Patterson TRAFFIC The report of control devices removed or installed from August 10 through August 27, 1971, inclusive, was received and ordered filed, on motion of Councilman Villa, seconded by Councilman Evans, and unanimously carried. ALCOHOLIC BEVERAGE It was moved by Councilman LICENSE APPLICATIONS Herrin, seconded by Councilman Evans, and carried on a 6 - 1 vote, Councilman Yamamoto voting NO, to receive and file the following Alcoholic Beverage License applications: MAJESTIC, 433 Wo Fourth, On Sale Beer, Person to Person Transfer; GOLDEN GREEK, 2513 W. Edinger, On Sale General, Person to Person Transfer; LARRY'~S MARKET, 122 N. Euclid, On Sale Beer, Person to Person transfer; SOUTH MAIN BOTTLE SHOP & MINI MART, 2034 S. Main Street, Off Sale Beer & Wine, Person to Person Transfer; KEY MARKET LIQUOR, 2525-G W. ]7th Street, Off Sale General, Person to Person Transfer; J&M MARKET, 4622 W. Bolsa Avenue, Off Sale Beer & Wine, Person to Person Transfer; NORU, 220 Wo Warner, On Sale Beer, Person to Person Transfer; THE GIMINI, 316 N. Harbor Blvd., On Sale Beer, Person to Person Transfer; VILLA LIQUOR, 1467 S. Main, Off Sale General, Person to Person Transfer; and to instruct the City Attorney to file a protest with the Alcoholic Beverage Control Board to the issuance of the following licenses: ]FATHER'S, 2720 N. Grand, On Sale Beer, Original; RUSTIC INN, 455 N. Tustin, Orange, On Sale Beer, Person to Person Transfer. CITY COUNCIL -295- September 7, 1971 SOLICITATION APPLICATIONS The following Solicitation Applications were approved on motion of Councilman Herrin, seconded by Councilman Yamamoto, and unanimously carried: DISABLED AMERICAN VETERANS, Jack Fisher Chapter 23, 201 S. Sullivan, sale of Forget-Me-Nots, October 22 to November 5, 1971. SANTA ANA-TUSTIN COMMUNITY CHEST, 1616 E. Fourth Street, personal contact and mail to homes, September 25 to November 26, 1971. SANTA ANA DRUG PREVENTION CENTER, 711 N:. Bristol, personal contact and poppy sale, for 60 days after permit is granted. VARIANCES AND The following application was CONDITIONAL USE PERMITS received and ordered filed, on motion of Councilman Herrin, seconded by Councilman Evans, and unanimously carried: VA 71-39, ANA REBAR, INC. - To permit steel fabrication in the open in the M 1 District at 2100 S. Yale; APPROVED. The following application was received and ordered filed on motion of Councilman Patterson, seconded by Councilman Yamamoto: VA 71-40, HONER INVESTMENT COMPANY - To allow a second wall sign on the north and south facades of a building in the C 2 District at 1301 W. Seventeenth Street, DENIED. Motion carried on the following roll call vote: AYES: Patterson, NOES: Herrin ABSENT: None Yamamoto, Villa, Evans, Griset, Markel Councilman Herrin's motion, seconded by Councilman Yamamoto, to receive and file CUP 71-18, CALVARY CHAPEL was defeated on the following roll call vote :: AYES: NOES: ABSENT: Herrin, Griset Yamamoto, Villa, Evans, Patterson, Markel None In considering CUP 71-18, CALVARY CHAPEL, to construct a church and school in the M 1 zone at 3800 South Fairview, approved by the Planning Commission, Councilman Patterson requested that the matter be s~t for public hearing because he did not believe a church and school CITY COUNCIL -296- September 7, 1971 CUP 71-18 CALVARY CHAPEL - (Continued) should be located in an M 1 zone. Councilman Villa pointed out that a church is permissible in any zone; and Councilman Herrin stated that he believed a church is compatible with industrial development, since few industrial developments are in operation on Sunday and so are not in conflict. The City Manager stated that the church and school were already approved under a previous Conditional Use Permit, and that the present request is to exclude a corner area 180' X 180' which Staff believes may be used for a service station. RECESS with all Council members present. Recess was declared at 3:00 P.M. The meeting reconvened at 3:15 P. M. CUP 71-18 (Cont.) Conditional Use Permit 71-18 CALVARY CHAPEL filed by Calvary Chapel to construct a church and school in the M 1 zone at 3800 South Fairview was set for public hearing at the next regular-Couh'cil meeting on September 20, 1971, on motion of Councilman Villa, seconded by Councilman Patterson, and carried on the following roll call vote: AYES: NOES: ABSENT: Villa, Patterson, Evans, Herrin, Yamamoto, Markel Griset None POOL PARLOR APPLICATION Applicatinn filed by Howard G. Sorfksen for a permit to operate a poo.1 parlor at 433 West Fourth Street was approved on motion of Councilman Herrin, seconded by Councilman Villa, and unanimously approved. BOOKMOBILE SERVICE Council considered letter dated August, ]971, from Santa Ana Council, Parent- Teacher Association, and report of Library Director, concerning reinstatement of Bookmobile Service to Wilson, Franklin, and Muir Schools. The report stated that continuation of the Bookmobile Service in these areas during the 1971-72 fiscal year would cost approximately. $1, 500. Councilman Markel stated he was in sympathy with the request, but that this service was not included in the Budget for Fiscal Year 1971-72, and asked where the money would come from. Mayor Griset stated it would be transferred from the City Council contingency fund. Councilman Yamamoto's motion, seconded by Councilman Patterson, to approve reinstatement of Bookmobile Service to Wilson, Franklih; and Muir Schools, carried on the following roll call vote: AYES: Yamamoto, Patterson, Villa, Evans, Griset NOES: Herrin, Markel ABSENT: None CITY COUNCIL -297 -. September 7, 1971 LEASED HOUSING PROGRAM Council heard the report of Gary Woods, President of the Santa Ana-Orange- Tustin Board of Realtors, 1500 N. Grand Avenue, concerning Leased Housing, Section 23. Mr. Woods stated that /he Board is opposed to this program; that a committee was selected to study Section 23 and they traveled to a number of cities to see how their programs are working; and he read the report of the committee. He stated that they recognize there are low-income people who cannot pay the full rent for adequate housing; but that in the committee's study it was determined that the Section 23 Leased Housing Program has not proved adequate; that it did not provide aid to a sufficient number of families; that the Program ran into financial diffidulties in a short time and required more and more money to operate. Mr. Clark Loomis Ceritifed Property Manager of Town & Country Realty also spoke, A Resolution of the Board was presented wherein a "rent stamp" program, similar to food stamps, was suggested; and it was stated that the study showed that the number of persons who would receive relief under such a program would be increased by 70% without any increase in appropriations. Councilman Herrin stated that the County Board of Supervisors is presently conducting public hearings with regard to the matter of public housing on a County level, and moved to withhold application of this program until such time as the County Board has its findings and makes a decision. Motion was seconded by Councilman Evans, but failed to carry on the following roll call vote: AYES: Herrin, Evans, Markel NOES: Villa, Griset, Yamamoto, Patterson ABSENT: None Mr. Woods requested that the Council proceed with caution and allow the Board of Realtors to work with them on the program. After further discussion in which Councilmen Villa and Yamamoto spoke in favor of the Section 23, Leased Housing Program, on motion of Councilman Villa, seconded by Councilman Evans, and unanimously carried, Council received and ordered filed letter dated August 31, 1971, from the Santa Ana-Orange-Tustin Board of Realtors. RECESS P. M., with alt Council members present, At 4:20 P.M., aten-minute recess was declared. The meeting reconvened at 4:30 RULES OF PROCEDURE On motion of Councilman Herrin, seconded by Council- man Evans, and unanimously carried, Council received and ordered filed the memorandum dated August ll, 1971, from the Santa Ana Planning Commission. CITY COUNCIL -298- September 7, 1971 CLAIM FOR PERSONAL On motion of Councilman Herrin, INJURIES seconded by Councilman Evans, and unanimously carried, Council denied permission to present late claim o~ behalf of minor child, Ronald Allan Allen. DEEDS, NO CASH Council ordered filed the report GRANTEE, CITY of No Cash Deeds accepted by the City Manager, pursuant to Resolution No. 69-156, from August Il.through August 31, 1971, inclusive, on motion of Councilman Herrin, seconded by Councilman Yamamoto, and unanimously carried. DEEDS, NO CASH On motion of Councilman Herrin, GRANTOR, CITY seconded by Councilman Patterson, and unanimously carried, the following deeds were approved and the Mayor and Clerk were authorized to execute the ~]~eds: VARIOUS OWNERS OF RECORD, northwest corner of Edinger and Main Streets; east side of Bristol, north side of MacArthur; vehicular access rights. DEEDS WITH CASH On motion of Councilman Herrin, GRANTEE, CITY seconded by Councilman Yamamoto, the~ following deed was approved and the Mayor was authorized to sign all necessary documents in connection with the p~rchase: SANTA ANA LODGE NO. 25, LOYAL ORDER OF MOOSE, northeast corner of First and Townsend, street purposes. Motion carried on the following roll call vote: AYES: Herrin, Yamamoto, Villa, Evans, NOES: Markel A BF~ENT: None Griset, Patterson TENTATIVE PARCEL MAPS On motion of Councilman Herrin, seconded by Councilman Patterson, and unanimously carried, Council approved the following Tentative Parcel Maps: MAP #710 - Filed by W.J. Planchor~ creating two (2) A 1 parcels for residential use, located generally on the north side of Pomona Street~20' west of Spruce Street, subject to-conditions in report of Planning Director dated August 16, 1971. CITY COUNCIL -299- September 7, 1971 TENTATIVE PARCEL MAPS - (Continued) MAP :IF/Il - Filed by Winmar Company, Inc., creating three (3) CR parcels for commercial use, located generally on the west side of Bristol Street north of Sunflower Avenue, subject to conditions in report of Planning Director dated August 30, 1971; and alley requirements were waived. STATE BUILDING Mr. William Blurock, CONSTRUCTION STATUS Architect, presented an oral report on the status of construction of the State Building in the Civic Center. He presented drawings, giving the background and present status of the project. In response to questions, he indicated the parking area to be located south of the new City Hall; stated that bids for the state building will be opened on September 30; that it is expected the building will be completed during the first part of 1973; that the preliminary cost of the building is estimated at $2,500,000, plus interior development of another $200, 000. He also stated that the State is taking a master lease on the entire building and will then sublease it to its various divisions. VALUATION APPRAISALS FOR OLD CITY HALL AND WILLOWlCK GOLF COURSE PROPERTIES At Councilman Herrin's request, Council agreed to vote on these two matters separately. Councilman Herrin's motion, seconded by Councilman Evans, to authorize the recommended appraisal procedure for the Old City Hall building, was unanimously carried. Councilman I-Ierrin's motion that no appraisal be authorized on the Willowick Golf Course, was seconded by Councilman Yamamoto. Councilman Yamamoto felt that the City of Garden Grove should provide the appraisal o£ the property as the seller. After considerable discussion, the motion carried on the following roll call vote: AYES: NOES: ABSENT: Herrin, Yamamoto, Villa, Evans Griset, Patterson, Markel None Councilman Patterson's motion to de-annex Willowick Golf Course from the City (tied for lack of a second. Councilman Patterson's motion, seconded by Councilman Herrin, to drop any further action with respect to the purchase or de-annexation of Willowick Golf Course, carried on the following roll call vote: AYES: NOES: ABSENT: Patterson, Herrin, Evans, Yamamoto Villa, Griset, Markel None CITY COUNCIL -300- September 7, 1971 SUMMARY OF REFERRALS The summary listing of Council referrals to staff was received and filed on motion of Council- man Evans, seconded by Councilman Herrin and unanimously carried. TRASH ABATEMENT The draft of a proposed ordinance relating to trash and rubbish abatement was referred to staff, on the unanimously apprbv~d motion of Councilman Herrin, seconded by Councilman Evans. AGENDA FORMAT It was moved by Councilman Herrin, seconded by Council- man Patterson and unanimously carried to amend the Agenda format to include a "Consent Calendar", to expedite routine Agenda items by approving all such items, as recommended, by adoption of a single motion to that effect but providing that any "Consent Calendar" item may be removed for separate discussion and action at the request of a member of the Council, public or staff. RECESS At 5:15 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 Rev. John Parish of the First Chirstian Church. VA 71-33 The Staff reported on Variance EBELL SOCIETY OF 71-33 filed by the Ebell Society SANTA ANA VALLEY of Santa Aha Valley to allow an auto repair business in an existing building in the R 3 H District at 511 E. Santa Ana Boulevard, which was denied by the Santa Ana Planning Commission and set for public hearing at the request of City Council. The Clerk reported no written communications had been received, and the Mayor opened the public hearing. Mrs. Georgia D. Bruner, 2244 N. Rosewood, Santa Ana, stated that the Ebell Society has owned this property for a number of years; that it was originally used for an auto repair business, on a Variance that had expired because of non-use, that they have had great difficulty in renting the building for another use at a reasonable price; that it is presently used only for storage; that they have a prospective tenant, Dr. Berger, who wishes to use the building for repair and remodeling of old cars, which is his hobby; that for this purpose it would be necessary for him to be allowed to use the building evenings and weekends; that there are only two residences in the area, and another automotive repair shop, which is doing well. CITY COUNCIL -301- September 7, 1971 VA 71-33 EBELL SOCIETY OF SANTA ANA VALLEY - (Continued) The following persons also spoke in favor of the Conditional Use Permit: Mr. Charles Leimer, 412 E. Sixth Street Mrs. Maureen Rischard, 18901 E. Dodge Mr. John Colwell, 106 W. 4th Street, representing Mrs. Kelsy, property owner adjacent to 511 E. Santa Ana Boulevard, and Mrs, Audrey Strum, spoke in opposition, stating that use of this building as a garage or repair shop creates considerable noise from machinery, steam cleaning, revving up motors, etc.; that the other small repair shop ~.n the neighborhood does no heavy work and causes no disturbance; that cars and auto parts are left in the yard outside the building; that there is a lot of pounding, and a radio is played loudly. Mrs. Bruner spoke again, pointing out that the churches have not appeared nor complained; that the last time the building was used for automotive purposes was in March 1969; and that the use now is for storage only. There being no-further proponents or opponents, the Mayor closed the public hearing. Councilman Evans' motion to overrule the decision of the Planning Commission and instruct the City Attorney to prepare a Resolution granting Variance Application 71-33 subject to conditions of approval contained in the Commission report, amending condition 6-B to read: " . . . hours between 8:00 A.M. and 8:00 P. M." was seconded by Councilman Villa. Mayor Griset stated he would support the motion, but would not like to see the property owners denied the right to use the building on Sunday, Council- man Patterson stated opposition to permitting any operation on Sunday or after 8:00 P.M., on week days. Councilman Yamamoto also spoke in opposition to any operation on Sunday. Councilman Herrin's motion to amend the motion on the floor to eliminate condition 6-D.(that the garage have no operation on Sundays) was seconded by Mayor Griset and carried on the following roll call vote: AYES: NOES: ABSENT: t-Ierrin, Griset, Villa, Markel Evans, Yamamoto, Patterson None Motion to overrule the decision of the Planning Commission and instruct the City Attorney to prepare a Resolution granting Variance Application 71-33 subject to conditions of approval contained in the Commission report, condition 6-B amended to read:" .... hours between 8:00 A.M. and 8:00 P. M." and deleting condition 6-D, carried on the following roll call vote: AYES: NOES: ABSENT: Villa, Herrin, Griset, Markel Evans, Yamamoto, Patterson None CITY COUNCIL -302 - September 7, 1971 RECESS P. M. , with all Council members present. At 8:25 P.M., a five-minute recess was declared. The meeting reconvened at 8:30 CUP 71-17 The Clerk read a letter from ERNEST & LILLIAN R. CAPP William Patrick O'Keefe, Jr., Attorney for Ernest and Lillian R. Capp, requesting continuance of the hearing on CUP 71-17, to allow a pre-school and day care center in the R 2 District at 1630 E. Palm Avenue, approved by the Planning Commission and set for public hearing at the request of the Council. On motion of Councilman Villa, seconded by Councilman Herrin, Council continued the hearing on CUP 71-17 to the next regular meeting on September 20, 1971. Motion carried on a 6 - 1 vote, Councilman Patterson dissenting. APPEAL #277 The Mayor opened the public BANK OF CALIFORNIA hearing on Appeal #277, filed CIVIC DEVELOPMENT PLAN #22 by Heath & Co. , Inc. for the Bank of California, appealing the Planning Commission's denial of roof sign, applied for under Civic Development Plan #22, to be located on an existing bank and office building in the CD District at 401 Civic Center Drive West. This matter was continued from the August 16 meeting. The Planning Director reported that this matter comes under a special provision of the Code dealing tvith the Civic Development District; that both the Staff and the Planning Commission relied on the provisions of the Sign Ordinance as to what signs would be permitted on this building, and both recommended denial of the roof sign and approval of the wall signs. The Clerk reported there were no written communications. Mr. Jim Moore spoke on behalf of the Bank of California, requesting reversal of the Planning Commission's determination on CD Plan #22. He stated the Planning Commission vote was very close, 4 - 3, based on the requirements of the sign ordinance; that the Civic Development ordinance was for the benefit of protecting County and City investments in the Civic Center area; but that in this particular instance, the sign that is on the top of the building is inadequate. He stated the proposed sign would be in front, done in a tasteful manner in ochra?, or gold, against a pale cream. He presented a color rendering and also a scale picture. There were no others who wished to speak in this matter, and the Mayor closed the public hearing. CITY COUNCIL -303 - September 7, 1971 APPEAL # 277 BANK OF CALIFORNIA CIVIC DEVELOPMENT PLAN #22 - (Continued) Cour~cilman Herrin stated he feels signs are of great iml~ortance to people who are in business. Mayor Griset also stated he felt it was reasonable that a sign be put where it could be seen easily. Councilmen Yamamoto, Patterson, and Villa spoke against permitting the roof sign since it violates the Sign Ordinance, and there is already a sign on the top of the building, and on all sides, as well as two directional signs. Councilman Herrin's motion, seconded by Councilman Evans, to overrule the decision of the Planning Commission and instruct the City Attorney to prepare Resolution approving Civic Development Plan No. 22 subject to conditions contained in Finding of Fact, failed to carry on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Griset Villa, Yamamoto, Patterson, Markel None APPEAL #278 VA 71-34 JOE SERNA Attorney for Joe Serna. On motion of Councilman Villa, The Clerk reported a request for continuance had been received from Walker & Davis, signed by John P. MacDonald, seconded by Councilman Evans, and unanimously carried, Council continued the hearing on Appeal #278 to the next regular meeting, September 20, 1971. WORKABLE PROGRAM FOR The Mayor stated that Application COMMUI~ITY IMPROVEMENT for Certification for a workable program for community improvement was recommended by the Staff in order that the City would have the broadest participation possible in any of the Federal programs of a subsidy nature. In response to a question from Councilman Herrin, the City Manager stated that there are many Federal programs in which the City mall participate without having a certified Workable Program; but that there are many which do require the Certification; that Staff is requesting authorization to proceed with the Application for Certification at this time as it may take considerable time to process. The Mayor opened the public hearing. Mr. Manuel Perez spoke in favor of the program, stating it is the only means at the present tirrre of speeding Federal funds for individual rehabilitation, for community development, and to provide the type of City landscaping everyone would like to see. A copy of his statements was presented to the Council. CITY COUNCIL -304- September 7, 1971 WORKABLE PROGRAM FOR COMMUNITY IMPROVEMENT~ - {Continued) The Rev, Galal Gough, 2112 N. Baker Street, presented a paper representing the thoughts of the Housing Committee of the Santa Aha Human Relations Commission, supporting the Progran~ and outlining its advantages to the City. Mr. Tom McMichael, representing the Santa Ana-Orange-Tustin Board of Realtors, stated they did not wish to protest or uPhold the plan, but would like clarification and time to studythe rarn'ificati/)ns:of the program. He stated they are particularly concerned with the portion of the program concerning building inspection; that this could tend to destroy and damage those people the City is trying to protect the most; that there is much property in Santa Ana which is substandard although it was up to standard at the time it was built; and many people who could not afford it would be required to bring the property up to Code; that they are not protesting this per se at the moment, but they do feel a great deal of thought should be given to this program to set up necessary safeguards for the people of this community. Councilman Villa stated that this application does not include submittal of a proposal; that it provides the means for submitting proposals at later dates. The Rev. Gough suggested that a Citizens Advisory Committee should be formed in connection with this matter. The Planning Director stated that the City now has a number of citizen groups representing various areas of the City, and that this program seeks an over-all group to unify them. Mr. Robert Eichenberg, 18272 E. 17th Street, spoke for the Industrial Development Association, expressing their interest in this complete program; and that each of the grant programs would be applied for individually with consideration of each by the Council. Mrs. Camille Beeson, 1405 W. Santa Ana,BDutevaTc~, I}ire~to~,, Or,{~nge "Counfy Fair'HdU~i'ng Cbuncil, stated they are delighted with the Workable Program and urged that the City require participation by the people who will be directly affected. The Mayor closed the public hearing. Councilman Herrin stated he could not support additional building inspectors, and asked why the City had not had this type of ongoing inspection previously. The City Manager stated t~at there is such a program and that the City eflforces the Uniform Housing Code of the State of California; that it has not been enforced to the level they would like, because to do so would destroy so much housing within Santa Aha that it would destroy the opportunity for occupancy of hundreds of family units; that there are conditions unique to Santa Aha---Santa Aha has 11% of the population of Orange County, 25% of welfare case load, 68% of black Americans, 30% of Mexican-Americans; that this program will assist in evaluation of the problem and in finding possible solutions. CITY COUNCIL -305- September 7, 1971 RECESS Council members present, Recess was declared at 10:05 P. M0 The meeting reconvened at 10:20 P. M., with all WORKABLE PROGRAM FOR In response to a request from COMMUNITY IMPROVEMENT Councilman Evans, Rev. Gough (Continued) requested that wording in his statement be changed on'page 1 to: "Some of the opposition to this program .... "and on page 2, the 6th line, to "Many of those . . ." Councilman Villa's motion, seconded by Councilman Patterson, to approve the Application for Certification for a workable program for community improvement, carried on the following roll call vote: AYES: Villa, Patterson, Evans, Griset, Yamamoto NOES: Herrin, Markel ABSENT: None RES. 71-86 RESOLUTION 71-86 AMENDING DEPUTY CITY ATTORNEY II SECTION 3 OF RESOLUTION NO. 58-281 TO ADD CLASS TITLE OF DEPUTY CITY ATTORNEY II, was adopted, on motion of Councilman Patterson, seconded by Councilman Villa, and carried on the following roll call vote: AYES: Patterson, NOES: Markel ABSENT: None Villa, Evans, Herrin, Griset, Yamamoto RES. 71-87 RESOLUTION 71-87 LEGAL SECRETARY AMENDING SECTION 3 OF RESOLUTION NO. 58-281 TO ADD CLASS TITLE OF LEGAL SECRETARY was adopted, on motion of Councilman Patterson, seconded by Councilman Yamamoto, and carried on the following roll call vote: AYES: Patterson, Yamamoto, Villa, Evans, Herrin, Griset NOES: Markel ABSENT: None ADJOURNMENT by Councilman Evans, The meeting was adjourned at 10:55 P.M,, on motion of Councilman Herrin, seconded and unanimou~!y carried. Florence I. Malone Clerk of the Council CITY COUNCIL -306- September 7, 1971