HomeMy WebLinkAbout12-20-1971MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
December 20, 1971
The meeting was called to order at 2:00 P.M. in the Council Chambers of
the City Hall Annex, 530 North Ross Street, with the following Councilmen
present: Wade Herrin, J, Ogden Markel, Ray Villa, Harry K. Yamamoto,
and Mayor Lorin Griset. Councilman Evans arrived at 2:10 P.M., and
Councilman Patterson at 2:50 1~. M. Also present were Assistant City
Manager Bruce Spragg, City Attorney James Withers, Director of Planning
Herbert Wieland, Director of l~ublic Works Ronald Wolford, and Clerk of
the Council Florence I. Malone.
MINUTES The minutes of the Regular
Meeting of December 6 and
the Special Meeting of December
9, ~971 were approved as submitted, on motion of Councilman Herrin, seconded
by Councilman Yamamoto, and unanimously carried.
EXECUTIVE SESSION At 2:05 P.M., the meeting
was adjourned to an Executive
Session to consider personnel
matters~ particularly the interview of candidates to fill two vacancies on the
Human Relations Commission~ The meeting reconvened at 4:35 P.M. with all
Councilmen present.
Lieutenant Colonel G.E, Wasson and Mr. Louis Chavez were appointed to the
Human Relations Commission to fill the unexpired term of John Black and Lorenzo
Rios, respectively, on the unanimously approved motion of Councilman Yamamoto,
seconded by Councilman Villa. Lt. Colonel Wasson's term of office will expire
June 30, 1972 and Mr. Chavez~ term of office will expire June 30, 1974.
The Mayor stated that there were persons in the audience who had been waiting
for some time to speak in connection with certain Agenda items. It was determined
there were a number of people interested in Item #25, and Council agreed to consider
that item next.
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.
CITY COUNCIL -420- December 20, 1971
ORD. NS-1093 Mr. Lavelle Sanders, 826 E. 17th
REFUSE COLLECTION Street asked for an explanation of
the significance of the amendments
to Sections 16-33 and 16-34 of the Santa Ana Municipal Code pertaining to refuse
collection regulations.
The Assistant City Manager stated that Section 16-33(c) reduces the thickness
of material that can be tied in bundles from 2 feet to 18 inches; and that Section
16-34 is amended by addition of the following sentence: "Council may require
commercial and industrial establishments to provide containers by agreement
with the contractor." He stated that this gives Council the authority to make
this requirement; that a Resolution was presented in conjunction with this
ordinance at the December 6, meeting, on which no action was taken pending a
reply from the Price Board concerning rate increases; but that the resolution
would enable the City to require apartments with more than three units to use
commercial bins; that there may be instances where this is not physically possible,
and some provision will have to be made; and that the contractor has agreed that
if owners of two apartments fitting this category can work out an arrangement to
share a container, it would be permitted.
Mr. Sanders objected to the extra cost involved, stating that he has not raised
his tenants' rents even though expenses have increased, but that if this
additional expense is required he will be forced to raise rents; that his
apartments are rented to elderly people who generate very little trash and he does
not feel that these large bins are necessary.
Mrs. Lurlie Adams, 1805 N. Nancy Lane, stated she does not have room for the
bins, and in addition, she has elderly tenants who would not be able to lift the lids
on the bins.
Mr. Spragg stated that there are bins that are side-loading, with doors that swing i~
instead of lifting up; and in response to Councilman Patterson's question concerning
the increase in the price, he stated that the smallest container is two cubic yards,
which would increase the cost by $12.00 per month per building.
Mr. Frank L. Whitmore, 1401 S. Broadway, stated that he owned a four-plex and
in his opinion, it did not generate as much trash as many single-family residences;
and that there would be no place on his property to store a bin.
ORDINANCE NS-1093 AMENDING THE SANTA ANA MUNICIPAL CODE BY
AMENDING SECTION 16-33 AND SECTION 16-34 THEREOF PERTAINING TO
REFUSE COLLECTION REGU~LATIONS 'Was moved for adoption on motion of
Councilman Patterson, seconded by Councilman Villa.
Councilman Herrings motion to table was seconded by Councilman Evans and
carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans, Griset, Markel
Villa, Yamamoto, Patterson
None
CITY COUNCIL -421- December 20, 1971
ORAL COMMUNICATIONS The Mayor recognized Mr.
Gordon P. Wiggins, owner of
Tustin Cab Company, who filed
an application for a Certificate of Convenience and Necessity to operate 30
taxicabs in the City° The application was accepted on motion of Councilman
FIerrin, seconded by Councilman Markel and unanimously carried.
CONSENT CALENDAR
Yamamoto; and Item 9-B,
The following Agenda items were
removed from the Consent Calendar:
Item 5, requested by Councilman
requested by Councilman Markel.
On motion of Councilman Herrin, seconded by Councilman Patterson, and
unanimously carried, Council affirmed the recommended action on the following
Consent Calendar items:
BID AWARDS
Awarded contracts as follows:
PROJECT 6046 - Ball field lighting modifications in Memorial
Park; awarded contract to M. Davenport Electric, Santa Ana,
on the basis of low bid; and rejected all other bids.
SPEC. 641-249 - Ten (10) ea~ 1972 Model Police Sedans,
4-door, black and white; awarded contract for the alternate
bid of McPeek Chrysler-Plymouth, Inc., Anaheim which was
one inch below the minimum wheel base specified. McPeek
was also the low bidder complying with the minimum wheel
base; and rejected all other bids. (There are three other
exceptions to the specifications, also taken by other bidders,
which are (1) different tire size, (2) different alternator, and
(3) different horn ring.
SPEC. 641-252 - Four (4) ea. 1972 Model 4-door sedans;
awarded contract to Monte E. Peters Chrysler-Plymouth,
Santa Ana, on the basis of low bid at $10,871.20; and rejected
all other bids. (There will be an additional 1% sales tax credit
from the State; the unit price including tax is $2,717.80.)
SPEC. 641-253 - Four (4) ea. 1/2-Ton Pickups, 1972 Model,
5000 GVW; awarded contract to Guaranty Chevrolet Motors,
Santa Ana on the basis of low bid at $10,972.42; and rejected
all other bids. (There will be a sales tax credit from the State
of $104.50; the unit price will be $2,743~ 10. )
SPEC. 641-257 - Two (2) ea. 1972 Model Police Sedans, 4-door,
plain; awarded contract for the alternate bid of McPeek Chrysler-
Plymouth, Anaheim, which was one inch below the minimum
wheel base specified. McPeek was also the low bidder complying
with the minimum wheel base; and rejected all other bids. (There
are three other exceptions to the specifications, also taken by
other bidders, which are (1) different tire size, (2) different
alternator, and (3) different horn ring.
CITY COUNCIL -422- December 20, 1971
CONSENT CALENDAR - (Continued)
SPEC. 641-258 - One 1972 Model Police Sedan, 4-door,
red; awarded contract for the alternate bid of McPeek
Chrysler-Plymouth, Anaheim, which was one inch below
the minimum wheel base specified. McPeek was also
the low bidder complying with the minimum wheel base; and
rejected all other bids. (There are three other exceptions
to the specifications, also taken by other bidders, which are
(1) different tire size, (2) different alternator, and (3) different
horn ring.
SPEC. 641-259 - One 1972 Model Station Wagon, 9-passenger,
4-side doors, one rear door; awarded contract to McPeek
Chrysler-Plymouth, Anaheim, alternate low bid at $3,281.25;
and rejected all other bidders. (There are two exceptions to
the specifications by all bidders, the size of the tires and the
manufacturer of the alternator. )
SPEC. 641-260 - Hydraulic Crane; awarded contract toiBrown
Bevis Equipment Company, Los Angeles, on the basis of low
bid at $28,295.00, and rejected all other bids. (Angle dozer
and controls will be removed from the existing equipment and
installed by the City Equipment Maintenance Department. )
SPEC. 641-261 - One 3/4-Ton Pickup Truck, 1972 Model, Step
side w/8' bed; awarded contract to International Harvester
Company, Anaheim, on the basis of low bid at $2,845. 50; and
rejected all other bids.
SPEC. 641-262 - One 3/4-Ton Pickup Truck, 1972 Model, Cab
& Chassis only; awarded contract to International Harvester
Company, Anaheim, on the basis of low bid at $2,777. 25; and
rejected all other bids.
SPEC. 641-263 - Two (2) ea. 2-Ton Trucks, 1972 Model, Cab
& Chassis only; one 85" cab to axel; one 102" cab to axel; awarded
contract to International Harvester Company, Anaheim, on the
basis of low bid, item one at $4,289.25, and item two at $4, 305.00;
and rejected all other bids.
SPEC. 641-264 - One 1-Ton Pickup, 1972 Model, Cab & Chassis
w/Stake Body; awarded contract to Guaranty Chevrolet Motors,
Santa Aha, on the basis of low bidder after adjusting for 1% Santa
Ana Sales Tax, award amount to be $3,646.42; and rejected all
other bids.
TRAFFIC
December 14,
1971, inclusive.
Received and ordered filed
report of control devices removed
or installed November 30 through
CITY COUNCIL -423- December 20, 1971
CONSENT CALENDAR - (Continued)
SOLICITATION APPLICATIONS
Approved the following
solicitation application:
ARTHRITIS FOUNDATION, ORANGE COUNTY BRANCH,
2315 E. 17th Street; limited neighborhood door-to-door
solicitation by volunteers to help finance grants for
research, treatment, rehabilitation, home care, arthritis
clinics, and professional and lay education; February 3 to
February 6, 1972.
VARIANCES AND
CONDITIONAL USE PERMITS
Received and ordered filed
the following application:
VA 71-57, H. FRED JOHNSTON - To construct two
buildings with open working space in the M 1 District at
2140 S. Yale Street; APPROVED.
DEEDS, NO CASH
GRANTOR, CITY
Approved the following deeds
and authorized their execution
by the Mayor and Clerk:
STATE OF CALIFORNIA, north of Santa Ana Boulevard,
west of Grand, street purposes.
WINMAR CO., ET AL, north side of Sunflower, west
side of Bristol, south side of MacArthur, street purposes.
DEEDS, WITH CASH
GRANTEE, CITY
in connection with the purchase:
Approved the following deeds
and authorized the Mayor to
sign all necessary documents
HUNTZ, INGER, west side of Center, south of Monta Vista,
Jerome Park~
COCA-COLA BOTTLING COMPANY, south side of First,
east side of Raitt, street purposes.
TENTATIVE PARCEL/ Approved the following maps,
TRACT MAPS subject to conditions contained
in the Planning Director's report
and waived the alley requirement for Parcel Maps Nos. 724, 725, and 726:
TENTATIVE PARCEL MAP #724 - Filed by Levitt-United
Multihousing Corporation creating four (4) R 4 parcels for
multiple residential units, located generally on the north
side of Segerstrom Avenue between l~airview Street and
Greenville Street.
CITY COUNCIL -4~.4- December 20, 1971
CONSENT CALENDAR - (Continued)
TENTATIVE PARCEL MAP #725 - Filed by First Church
of Nazarene creating three (3) R 1 parcels, one to be used
for a church site, and two undetermined at this time, located
generally on the southeast corner of 17th Street and Wright
Street.
TENTATIVE PARCEL MAP #726 - Filed by Century
Industrial Park East creating three (3) M 1 parcels for
industrial use, located generally southeast corner of
Alton Avenue and Standard Avenue.
TENTATIVE TRACT~ MAP #7677 - Filed by J. Eugene
Rohrs creating nineteen (19) lots for residential use,
located generally south of Nineteenth Street on the west
side of Lincoln Avenue.
FINAL TRACT MAPS Approved the final maps,
accepted the dedications
thereon, and the bonds, and
authorized execution of the subdivision agreement, on the following:
MAP #7492 - North of McFadden Avenue and east of
Lyon Street, three (3) lots.
MAP #7538 - South of McFadden Avenue and west of
Lyon Street, twenty-four (24) lots.
SURPLUS PROPERTY
of the following:
Declared surplus, authorized
sale of improvements only
within 60 days, or demolition,
SURPLUS PROPERTY REPORT #71-16 for improvements
located at 1715 W. First Street, acquired in connection with
Project 1276, Section IV - First Street from Townsend Street
to Hesperian Street.
Councilman Markel requested that his "No" vote be recorded on SPR
#71-16.
CHANGE ORDER
Approved the following Change
Order:
PROJECT 7013, CONSTRUCTION OF CITY HALL -
Add conduits to provide for audio and visual systems
for the Council Chambers; Change Order #10, increasing
in the amount of $6,500.00 (estimated).
CITY COUNCIL -425- December 20, 1971
ALCOHOLIC BEVERAGE LICENSE The following Alcoholic Beverage
APPLICATIONS License Applications were ordered
received and filed on motion of
Councilman Herrin, seconded by Councilman Patterson and carried, Councilmen
Yamamoto and Villa dissenting:
Bo
C,
D.
F.
SHAKEY'S PIZZA PARLOR, 1406 S. Fairview, On
Sale Beer & Wine, Original
7-ELEVEN, 2128 N. Tustin Avenue, Off Sale Beer &
Wine, Person Transfer
TIME OUT, 217 N. Harbor Blvd., On Sale General,
Adding Partner
THE STATION, 4414 W. Westminster Avenue, On Sale
Beer, Person to Person Transfer.
The motion also included an instruction to the City Attorney to file a protest
with the Alcoholic Beverage Control Board to the issuance of the following
applications due to their locations (within 300 feet of a residential or
agricultural zone) being subject to the issuance of a Conditional Use Permit.
BULICH, MARY & MITCHELL, 3015 S. Bristol, On Sale
General, Person to Person
OUTERS-INN, 2610-C W. Edinger, On Sale Beer, Original.
DEEDS, NO CASH The report of No Cash deeds
GRANTEE, CITY accepted by the City Manager,
pursuant to Resolution #69-156,
from December 1 through December 14, 1971, inclusive, was received and filed
on motion of Councilman Herrin, seconded by Councilman Evans and carried on
the following roll call vote:
AYES:
NOES:
ABSENT:
Herrtn, Evans, Patterson, Villa, Yamamoto, Griset
Markel
None
RECESS At 5:30 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 Brigidier Goldthwaite of the Salvation Army.
The Mayor presented Certificates of Appreciation to Mr. Lorenzo Rios and Mr.
John Black for their service on the Human Relations Commission. The Rev.
Galal Gough accepted the certificates on behalf of the former Commissioners.
The Mayor announced that Mr. Louis Chavez and Lt. Col. G.E. Wasson were
selected by the Council to fill the vacancies on the Human Relations Commission.
Mr. Chavez and Col. Wasson came forward and were introduced, and were sworn
in as members of the Commission by the Clerk of the Council.
CITY COUNCIL -426- December 20, 1971
APPLICATION FOR LICENSE The Mayor disqualified himself
TO OPERATE AN APPLIANCE from participating in the consideration
STORE of this item due to a conflict of interest,
because he has the responsibility for
leasing the building in which the appliance store would be located. The Mayor stepped
down, and Vice Mayor Herrin assumed the Chair,
The Vice Mayor opened the public hearing on the appeal filedby Robert L.
C unningham from Police Chief's denial of a business license to operate an appliance
store at 122 North Sycamore, Santa Aha. The Clerk reported no written communica-
tions had been received.
The applicant, Robert L. Cunningham, 1118 S. Shelley, stated he was applying for a
permit to operate a second-hand store where he would purchase, recondition, and
resell major appliances; that they would not buy articles from homes, nor loan money;
and that he hoped to eventually get a franchise for new merchandise.
There was considerable discussion concerning the wording of the Municipal Code,
and whether or not a second-hand store should be considered in the same category
as a pawnbroker, and~vhether Section 25 pertained to Mr. Cunningham's application
to operate an appliance store.
The City Attorney read Sections 25.2, 25.5, and 25.7 of the Code, and stated it was
his ~pinion that a second-hand business would come within the purview of these
sections. He further stated that it is proposed to amend all sections of the Code
pertaining to issuance of permits.
Officer Faust of the Santa Ana Police Department, 610 N. Ross Street, stated that
on March 8, 1971, Mr. Cunningham was convicted of receiving stolen property and
was placed on three years' probation, and was to serve five weekends in jail. He
stated that the Police Department's concern is a person buying stolen property and
reselling it; and that the Code states the Police Department must deny a permit to
anyone who has been convicted of any crime involving theft.
There were no further proponents or opponents, and the Vice Mayor closed the public
hearing.
Councilman Evans' motion, seconded by Councilman Villa, to overrule the action of
the Police Chief and instruct him to issue a business license to operate an appliance
store, failed to carry on the following roll call vote:
AYES: Evans, Villa~
NOES: Herrin, Yamamoto, Patterson, Markel
ABSTainED:.' G~iset
ABSENT! None
Councilman Yamamoto's motion, seconded by Councilman Patterson, to uphold
the action of the Police Chief in denying a business license to operate an appliance
store, carried on the following roll call vote:
AYES: Yamamoto, Patterson, Herrin, Markel
NOES: Villa, Evans
ABSTAINED: Griset
ABSENTi None
CITY COUNCIL
-427 -
December 20, 1971
Mayor Griset returned to the~Chair.
A.A. 685 Councilman Villa' s motion,
HOWARD ]3. LAWSON seconded by Councilman Evans,
to cancel the public hearing, on
Amendment Application No. 685, filed by Howard B. Lawson to rezone property
located north of Santiago Creek, west of Santiago Street from lq 1 and HD 1 to C 2
and HD 2 as requested by the applicant, carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Villa, Evans, PIerrin, Griset, Patterson, Markel
Yamamoto
None
Prior to voting on the above motion, there was discussion as to Whether or not
the public hearing should be cancelled without denial of the Amendment Application.
Councilman Patterson stated he believed the Amendment Application should be
denied without prejudice, and, if the applicant wished, he could start new proceedings
at a later date through the Planning Commission. Councilman Herrin agreed that,
since the Planning Commission had acted, the City Council should take action on
the Planning Commission recommendation.
Councilman Patterson's motion, seconded by Councilman Herrin, to deny
Amendment Application 685 without prejudice, carried on the following roll call
vote:
AYES: Patterson, Herrin,
NOES: Evans
ABSENT: None
Villa, Griset, Yamamoto, Markel
A.A. 693 The Mayor opened the public hearing
CAL-PENN LAND CO. on Amendment Application 693 filed
by Cal-Penn Land Co., to rezone
property located on the west side of Euclid Street between McFadden Avenue and
First Street from t{ 1 to R 2.
The Planning Director gave a brief summary of the history of the site, and the
proposed development. The Clerk reported no written communications had been
received.
The following persons spoke in favor of the rezoning:
Mr. Jack N. Hall, representing Cal-Penn Land Co.
Mr. Hugh Foreman, 2530 N. Grand Avenue, Santa Ana
Color slides of the area were presented. It was stated that the tract will be laid
out in four lots per acre; that the Master Plan calls for up to eight units per acre;
that surrounding developments have 4 bedrooms per lot, or 20 per acre; that the
new tract will have two to three bedrooms per lot; that the density will be lower
than in adjacent tracts; thai the lots are much larger than the lots in the surrounding
area.
CITY COUNCIL -428- December 20, 1971
A.A. 693
CAL-PENN LAND CO. - (Continued)
The following persons spoke in opposition to the rezoning:
Mr. Sam Batdorf, 5314 Keelson
Mr. Tom Mueller, 5313 W. Keelson
Mr. Jim Bonham, 5310 W. Keelson
Opposition was based on the fact that the property has been considered for
variance or rezoning on several previous occasions; that the Master Plan
shows this area as R 1; that applications for R 2 and R 4 zoning have been
denied in the past; that the neighborhood would like to have the site developed,
but would prefer a variance so it could be controlled.
The Director of Planning stated that a map has already been approved for the
area; that there will be 10 lots, with 20 units; that R 2 zoning requires 3,000
square feet of lot area per dwelling unit, but does not limit the number of
stories; however, there is a 35' height limit.
There were no further proponents or opponents, and the Mayor declared the
public hearing closed.
Councilman Yamamoto spoke against the zone change, stating that he is opposed
to any development allowing higher density in this area. Councilman Herrin
disagreed, stating that there are certain situations which exist where certain
zoning prevails and another type of development would be unrealistic. Council-
man Patterson spoke in favor of the rezoning~ lie stated that this would be a
difficult parcel of land to develop; that the height limitation will be 35 feet, the
density will be 10 units per lot; that it is not necessary to insist on a variance,
since the map is already approved~
Councilman Patterson's motion, seconded by Councilman lierrin, to approve
Amendment Application #693, carried on the following roll call vote:
AYES: Patterson,
NOES: Yamamoto
ABSENT: None
Herrin,
Villa, Evans, Griset, Markel
RECESS
members present.
At 9:30 P.M., a recess was
declared. Themeeting reconvened
at 9:40 P.M. with all Council
APPEAL #279 The Mayor opened the public
VA 71-48 hearing on Appeal #279 filed
ROBERT H. GRANT CO~ by Robert H. Grant Company,
appealing the Planning Commission's
denial of VA 71-48 to construct a 493-unit townhbuse development in the R'I zone
at 230 West Segerstrom (Dyer).
CITY COUNCIL -429- December 20, 1971
APPEAL #279,, VA 71-48, ROBERT H. GRANT CO. - (Continued)
The Director of Planning stated that Council has approved the first two units
of this development under VA 71-20 allowing 160 units of tow~houses, and
Conditional Use Permit 71-24 creating a church site; that VA 71-48 would allow
493 additional units of townhouses, making a total of approximately 660; that
the problem has been~the density factor in the Warner South area; and that the
Planning Commission recommended denial, on a split vote, at the request of
the applicant.
Mr~ Charles Dryer, Sales and Marketing~l~irect or. for all of the Robert H. Grant
developments in California, stated that the company requested denial by the
Planning Commission in order to expedite the processing of the application; however,
it was delayed because of a change of management personnel in the Grant Company.
He explained the Planned Unit Development program Which the Grant Company
is using in several developments. Slides of a PUD program in Stanton, California
were shown and he indicated that 53% of land use would be devoted to recreation
and 47% to buildings in the proposed Santa Ana development. He reviewed the
history of the project, stating that by more precise planning the total dwelling
units in this area had been reduced from 1968 to 1699.
Mr. Ron Wells of the VTN Corporation also spoke concerning the reduction in
density in the area; and in reply to questions from Council, stated that all
dwelling units will be townhouses and will be sold; that the price range will be
from $20,000 to $24,000.
There were no further proponents or opponents, and the Mayor closed the public
hearing.
Councilman Patterson stated he is very much in favor of the Planned Unit
Development; that it gives the homeowner/buyer something different than a
tract home; that the over-all number of units is less than originally approved
by the City; that the mobile home park will not be developed, and the density
has been reduced by 268 units.
Councilman Yamamoto asked if there has been adequate planning for schools. Mr.
Howard Harrison, Santa Ana Unified School District, stated that they have been
aware of this develotSh~ent and that there should be no problem as far as elementary
and high schools are concerned; that the only area of question would be at the junior
high school level.
Councilman Markel requested information on fire stations in the area. The
Assist;ant City Manager stated that within the next few weeks, staff will be presenting
a new 5-Year Capital Program which will take these matters into consideration.
Ceuncilman Patterson's motion, seconded by Councilman Evans, to grant the
appeal and instruct the City Attorney to prepare a Resolution gr~nti~g Variance
Application 71-48 subject t0 conditions of approval contained in the Commission
reporl;, carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Evans~ Villa, Herrin, Griset, Markel
Yamamoto
None
CITY COUNCIL ~430- December 20, 1971
APPEAL #286 On motion of Councilman Herrin,
VA 71-52 seconded by Councilman Evans,
G. L.A. DEVELOPMENT CO. and unanimously carried, Council
granted the applicant's request to
continue this matter to the regular Council meeting of January 17, 1972.
APPEAL #287 The Mayor opened the public
EX 71-14 hearing on Appeal #287 filed by
ROLAND FRANK GONZALES Roland Frank Gonzales appealing
the Zoning Administrator's denial
of Minor Exception 71-14 to allow a 5' high fence in the front 20' setback in the
R 1 District at 1420 West 9th Street.
The Director of Planning stated that the applicant has a fence which is presently
on the right-of-way of the street, which he has agreed to move back onto his
property; that the fence is 5 feet high and the Code allows only a 4 foot fence at
the front of the property.
Mr. Roland Frank Gonzales, 1420 W. 9th Street, stated that he purchased this
property about two years ago and is restoring it; that there is a weir box on the
property which he wanted to enclose so the children wouldn't play in it; that he has
agreed to move the fence back and to cut it at an angle so that it will not block the
view of traffic; but is requesting permission to retain the 5 foot height.
There were no further proponents or opponents in the matter, and the Mayor
closed the public hearing.
In discussion, it was determined that there is an overflow from the weir box which
creates a pond, and the children like to play in it; that quite often during maintenance
the lid of the weir box is left off, and it is a dangerous place for the children; and
that the fence is needed for protection.
Councilman Villa's motion, seconded by Councilman Evans, to grant the appeal
and instruct the City Attorney to prepare a Resolution approving Minor Exception
71-14, carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Villa, Evans, Herrin, Griset, Yamamoto, Patterson, Markel
None
None
RECESS
pre sent.
SALARY AND WAGE
ADJUSTMENTS
part-time and temporary employees.
CITY COUNCIL
-431-
At 11:10 P.M., a five-minute recess
was declared. The meeting reconvened
at 11:15 P.M. with alt Councilmen
The Assistant City Manager briefly
reviewed the recornn~endations for
adjustments in wage rates for certain
December 20, 1971
SALARY AND WAGE ADJUSTMENTS - (Continued)
RESOLUTION 71-113 AMENDING SECTION 3.1 OF RESOLUTION NO. 58-281
BY ESTABLISHING NEW WAGE RATES FOR CERTAIN PART-TIME AND
TEMPORARY EMPLOYEES was adopted, on motion of C~i~cilinan Yamamoto,
seconded by Councilman Patterson, and unanimously approved.
Rudy Montejano, Attorney, 1212 N. Broadway, representing the Santa Ana Police
Benevolent Association, stated that they have reached an impasse with the
Administration for salaries for the coming year. Copies of their proposal were
presented to the Council, and requested that time be set aside at the next regular
meeting when members of the Police and Fire Associations will be present to
discuss the proposal in detail.
Councilman Villa asked how the restrictions of the Price Board would be applied
to the proposal, and Mr. Montejano stated that this is a long-range proposal and
the guidelines from the Board are not quite clear but they hope to have the
information by the meeting of January 17th; and that under the proposal they are
submitting, additional compensation is based on a merit concept which is excluded
from the Federal guidelines.
ORD. NS-1100 ORDINANCE NS-1100 AMENDING
SPEED LIMITS ARTICLE VII OF CHAPTER 36
OF THE SANTA ANA MUNICIPAL
CODE RELATING TO PRIMA FACIE SPEED LIMITS FOR CERTAIN STREETS
WITHIN THE CITY 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, Patterson, Markel
None
None
ORD. NS-1101 ORDINANCE NS-1101 AMENDING
FINGERPRINT FEES THE SANTA ANA MUNICIPAL CODE
BY ADDING THERETO SECTION
10-2 RELATING TO FINGERPRINT FEES was adopted on motion of Councilman
Herrin, seconded by Councilman Patterson, and carried on the following roll call
vote:
AYES: Herrin,
NOES: Evans
ABSENT: None
Patterson, Villa, Grise~ Yamamoto, Markel
Cour~cilr~an Evans stated he voted NO because he felt a flat fee of $5.00 was too
high: that it should be $3.10 for residents of Santa Ana, and $5.10 for non-residents.
CITY COUNCIL -432- December 20, 1971
ORD. NS-1103 ORDINANCE NS-1103 CHANGING
A.A. 691 ZONING CLASSIFICATION ON
J. EUGENE ROHRS AMENDMENT APPLICATION 691,
FILED BY J. EUGENE ROHRS
AND AMENDING SECTIONAL DISTRICT MAP 6-5-9 (EXHIBIT A.A. 691-A) was
adopted on motion of Councilman Herrin, seconded by Councilman Villa, and
carried on the following roll call vote:
AYES: Herrin, Villa,
NOES: None
ABSENT: None
Evans, Griset, Yamamoto, Patterson, Markel
RES. 71-115 RESOLUTION 71-115 OF THE CITY
DRAINAGE PROJECT COUNCIL OF THE CITY OF SANTA
ANA, CALIFORNIA, INDICATING
ITS INTENT TO JOIN IN A COMPREHENSIVE DRAINAGE PROJECT IN NORTH-
WEST SANTA ANA AND SOUTHEAST GARDEN GROVE was adopted on motion of
Councilman Patterson, seconded by Councilman Villa, and unanimously carried.
RES. 71-116 The Director of Planning stated that
VA 71-56 at the meeting of December 6, 1971,
ALFRED NEVILLE WEST Council granted Mr. West's appeal
and approved Variance Application
71-56 which contained a parking requirement that the applicant would not be able
to meet. He suggested that the requirement could be modified to require one parking
space for every 300 square feet of office space, so that four parking spaces would
be sufficient; and that these could be provided by utilizing two spaces in the existing
garage and two spaces on the south side of the office building.
Councilman Herrin moved adoption mf RESOLUTION 71-116 OVERRULING THE
DECISION OF THE PLANNING COMMISSION AND CONDITIONALLY GRANTING
VA 71-56 FILED BY ALFRED NEVILLE WEST wit~ Condit'ion #11 to be added
requiring one parking space for every 300 square feet of office space. The motion
was seconded by Councilman Villa and carried on the following roll call vote:
AYES: Herrin, Villa, Griset, Markel
NOES: Evans, Patterson
ABSENT: None
ABSTAINED: Yamamoto
Councilman Yamamoto abstained from voting because he was not present at the
public hearing held on the matter on December 6, 1971.
RES. 71-117 RESOLUTION 71-117 REQUESTING
STREET IMPROVEMENTS THE COUNTY OF ORANGE TO
INCLUDE WITHIN THE ARTERIAL
HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF CERTAIN STREETS
WITHIN THE CITY OF SANTA ANA was adopted on motion of Councilman Herrin,
seconded by Councilman Evans, and carried on a 6-1 vote, Councilman Markel
dissenting.
CITY COUNCIL -433- December 20, 1971
RES. 71-118 RESOLUTION 71-118 A RESOLUTION
WAGE RATES ON OF THE CITY COUNCIL OF THE
PUBLIC WORKS CONTRACTS CITY OF SANTA ANA ASCERTAINING
AND DETERMINING THE PREVAIL-
ING RATE OF WAGES TO BE PAID FOR EACH CRAFT, OR TYPE OF WORKMAN,
OR MECHANIC NEEDED FOR PUBLIC WORKS CONTRACTS, IN THE CITY OF SANTA
ANA was adopted on motion of Councilman Herrin, seconded by Councilman Patterson,
and unanimously carried.
PROJECT 7013 On motion of Councilman Herrin,
CONSTRUCTION OF NEW seconded by Councilman Part erson,
CITY HALL Council authorized payment of $65,276.22
to the Pacific Telephone and Telegraph
Company from the City Hall bond proceeds contingency fund to reimburse the actual
costs of relocation of the telephone duct system at the site of the .new City Hall. Motion
carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Patterson, Villa, Evans
Markel
None
Griset, Yamamoto
PROPOSAL FOR STREET Councilman Herrin's motion,
CONSTRUCTION CAPITAL OUTLAY seconded by Councilman Patterson, to
FOR 1972-73 approve the proposal for street
construction capital outlay program
for 1972-73 carried on a 6-1 vote, Councilman Markel dissenting.
BUS REPORT Councilman I-Ierrin's motion,
seconded by Councilman Evans,
that this matter should not be set
for public hearing, failed on the following roll call vote:
AYES:
NOES:
ABSENT:
Herrin, Evans
Villa, Griset, Yamamoto, Patterson, Markel
None
Councilman Patterson's motion, seconded by Councilman Villa to set two public
hearings on January 17, 1972 at 7:30 P.M., one on the proposed bus routes, and
one on the proposed bus project, carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Villa, Griset, Yamamoto
Evans, Herrin, Markel
None
ADEQUACY OF PUBLIC [SERVICES Council considered a letter dated
IN CONNECTION WITH December 10, 1971 from the Santa
DEVELOPMENT PROPOSALS Ana Unified School District
suggesting adoption of a policy
whereby land developers would assume a greater role in providing public services.
Councilman Patterson stated that he is in favor of this policy; that the concern
about the development of South Warner is due to the possibility of inadequate
provision for schools and other services.
CITY COUNCIL -434- December 20, 1971
AD?~QUACY OF PUBLIC SERVICES IN CONNECTION WITH
D~-~VELOPMENT PROPOSALS - (Continued)
Councilman Patterson's motion to adopt the policy and refer the matter to
staff for implementation, was seconded by Councilman Villa.
Councilman Markel stated he believed there was no necessity for such a
policy; that no development would go in without providing necessary schools.
Councilman Villa disagreed, asked for closer cooperation with the schools
in these matters; and amended the motion to create a committee with two
members from the City Council and two from the Board of Trustees of the
Schoo.1 District for the purpose of studying the proposal. Councilman Evans
seconded by motion. Councilman Patterson agreed to the amendment. Council-
man Herrin stated he did not wish to take action until a concrete procedure had
been established. The Mayor suggested that in voting roi~ the motion, Council
would be expressing concern in the matter and that staff would work out definite
details to be submitted to Council at a later date.
Councilman Villa~s motion to establish a Committee composed of two Council-
men and two members of the School District Board of Trustees to work with
the administrative staff in formulating a policy, was seconded by Councilman
Evans and carried on the following roll, cRI1 vote:
AYES:
NOES:
ABSENT:
Villa, Evans, Herrin, Patterson
Griset, Yamamoto, Markel
None
Councilman Patterson's motion, seconded by Councilman Villa, to approve
the School Board Resolution in principle and to refer the ~.~atter to staff for
recommendai ion and report to Council, carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson~ Villa, Evans, Griset, Yamamoto
Herrin, Markel
None
The Mayor appointed Councilmen Patterson and Villa as the two Council
representatives to work on the proposed committee with member's of the Board
of Trustees in developing the pblicy.
POOL TABLE APPLICATION Councilman Herrin's rr,~otion,
seconded by Councilman Patterson,
to approve the request frozen Paul
E. Hosper, Sr., for a permit to operate one pool table at his beer bar located
at 505 S. Harbor Boulevard, carried on a 5-2 vote, Councilmen Evans an,d
Yamamoto dissenting.
AGREEMENT FOR CONSOLIDATION Councilman Herrin stated that
OF COUNTY SANITATION DISTRICTS representatives to the County
Sanitation District receive $50.00'
for each meeting for each District they represent, and that in his opinion this is
an inequitable manner of arriving at proper compensation; that a proposal has bee'n
presented to reorganize the Districts in an effort to resolve the problem, and that
Alternative #4 of the proposal is the one favored by the majority of the Directors
of the District.
CITY COUNCIL -435- December 20, 1971
AGREEMENT FOR CONSOLIDATION OF COUNTY SANITATION
DISTRICTS - (Continued)
The Mayor stated that there is inequity with regard to the fee schedule because
some Board members represent more than one Board, but that he believes the
inequity could be resolved without changing the nature of the organization; that
Proposal #4 does a disservice to those cities of major population because, in
effect, the larger cities would have the same representation as the smaller
ones, and he believes representation should be proportionate to population.
He suggested no action should be taken until a full and complete study is made.
Councilman Patterson's motion to refer the matter to staff for further
information regarding the effect of Alternative #4 on the City of Santa Ana, and
to send a letter to Mayor Finnell stating that Santa Ana at the present time is
not: in a position to favor Alt ernative #4, was seconded by Councilman Markel.
Councilman Herrin stated that this proposal will be on the agenda for the next
Joint District meeting, and a vote will be taken to determine whether we
continue to go as we have been or move to Alternative #4.
Councilman Patterson amended his motion to authorize the Santa Rna
representative to request that the matter be deferred until such time as an
impact study from the District staff can give information of the effect of
Alternative #4, and in the event the matter is not continued, to vote NO on
Alternative #4. Councilman Markel agreed to the amendment, and the motion
carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Patterson, Markel, Evans, Herrin, Griset, Yamamoto
Villa
None
UNITED STATES CONFERENCE On motinn of Councilman Herrin,
OF MAYORS seconded by Councilman Yamamoto,
and unanimously carried~ Council
authorized the Mayor's participation in the meeting of the Urban Economic Policy
Committee in Washington, D.C. on January 24 and 25.
RESIDENTIAL REVITALIZATION Councilman Patterson's motion,
PROGRAM seconded by Councilman Herrin, to
refer the Urban Systems Institute
proposal to upgrade the housing standards and appearance of "blighted" areas
withir~ ~he City td Staff for review and recommendation,' carr~ied on'a 6-1
vote, Councilman Herrin voting NO.
BILLIARDS APPLICATION Request from Boyd K. Willingham
for a permit to operate sixteen (16)
billiard tables in Boyd's Place,
319 West 5th Street, was approved on motion of Councilman tterrin, seconded by
Councilman Villa, and carried, with Councilman Yamamoto dissenting.
CITY COUNCIL
-436 -
December 20, t971
CONSTRUCTION OF On motion of Councilman Herrin,
STATE BUILDING seconded by Councilman Patterson,
and unanimously carried, Council
approved the Lease Amendment and the Release and Quit-Claim Deed regarding
the property onwhich the State Building will be located in the City of Santa Ana,
and authorized their execution by the Mayor.
The Clerk of the Council read RESOLUTION NO. 46 OF THE CIVIC CENTER
COMMISSION OF THE ORANGE COUNTY CIVIC CENTER AUTHORITY adopted
December 17, 1971, requesting the City to allow the $120,000 thai is being paid
by the State for the State Building site to be retained by the Commission, to be
used for the future development of the Civic Center.
The Assistant City Manager stated that staff recommends approval of this
resolution; that costs of construction in the Civic Center have been shared by
the County and the City; that the Civic Center Authority will need operating funds
in order to carry out the needs of the Center; that the staff is recommending
that the money be turned over to the Commission to be used for operating or to
fund the development cost of the Federal Building.
Councilman Villa's motion, seconded by.Councilm an Patterson, to approve
RESOLUTION NO. 46 OF THE CIVIC CENTER COMMISSION OF THE ORANGE
COUNTY CIVIC CENTER AUTHORITY in principle, carried on the following roll
call vote:
AYES:
NOES:
ABSENT:
Villa, Patterson, Evans, Herrin, Griset, Yamamoto
Markel
None
The Assistant City Manager -stated that the $120,000 would be entered into the
City's General Fund; and thai in the Mid-year Budget adjustment supplemental
the Administration would recommend a method of utilization by the Commission.
RES. 71-109 Councilman Patterson's motion to
CITY MANAGER SALARY read Resolution 71-109 by title only
was seconded by Councilman Villa and
unanimously carried. The Clerk of the Council read the title of the resolution.
Councilman Patterson moved to adopt RESOLUTION 71-109 FIXING THE SALARY
OF THE CITY MANAGER OF THE CITY OF SANTA ANA setting the amount at
$37,000 annually, effective November 16, 1971. The motion was seconded by
Councilman Villa and carried on the ~folIowing roll call vote:
AYES:
NOES:
ABSENT:
Villa, Patterson, Evans,
Markel, Herrin
None
Griset, Yamamoto
Prior to voting, Councilman Markel stated he was not in favor of the increase
in pay for the City Manager and proposed that after 20 years Council should
consider itself in the rrarket for a new City Manager. Councilman Herrin stated
he was not in favor of the increase because of the inflationary factor.
CITY COUNCIL -437- December 20, 1971
LEAGUE OF CALIFORNIA CITIES Councilman Patterson stated he
HUMAN RESOURCES COMMITTEE has served on the League of
California Cities Human Resources
Committee for a year and has just been appointed for next year.
Councilman Villa's motion, seconded by Councilman Markel, to authorize
Councilman Patterson to serve on the League of California Cities Human
Resources Committee and to attend any meetings for the year from January
1 through December 31, 1972, carried on a 6-1 vote, Councilman Herrin dissenting.
PLANNED RESIDENTIAL Councilman Patterson referred to
DEVELOPMENT PROGRAM the PRD program which was referred~
to staff at the last meeting. He
stated no definite date had been set for report back to Council, and moved that the
report be presented at the regular Council meeting of February 7, 1972. Motion
was seconded by Councilman Villa, and carried on a 6-1 vote, Councilman Evans
voting NO.
SCAG TOMORROW Councilman Patterson stated that
each Councilman should have
received a packet called "SCAG
Tomorrow" describing the crisis which has been reached as to whether it will
continue as it has been or if its powers and authorities should be changed[
Councilman Patterson moved that the matter be included on the Council's
Agenda for January 17, 1972, in order that he might have the consensus when
he attends the annual meeting of SCAG at the Disneyland Hotel, Anaheim, on
February l0 and 11. The motion was seconded by Councilman Villa and carried
with Councilman Herrin dissenting.
LEASH LAW Councilman Yamamoto stated he
had received a letter from
Mrs. Stigler concerning dogs
that are allowed to run loose in the neighborhood. He suggested better enforce-
ment of the Leash Law, stating that the ~iogs should be picked up, and if the
owners care about them, they will pay to get them back.
LEASE AGREEMENT The City Attorney requested
a Resolution authorizing the
Mayor to execute an agreement
which would be a modification of a Lease Agreement with the Robert H. Grant
Company, formerly Macco Construction Corporation, changing it into a purchase
transaction.
Councilman Evans motion to authorize the resolution was seconded by Council-
man Markel and unanimously carried.
ADJOURNMENT
Patterson, and unanimously carried.
CITY COUNCIL
The meeting was adjourned at 1:05
A.M. on motion of Councilman
Herrin, seconded by Councilman
-438 -
Florence I. Malone~
Clerk of the Council
December 20, 1971