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HomeMy WebLinkAbout01-21-1974MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA Jar~ary 21, 1974 The meeting was called to order at 12:20 P.M., in Room 831 of the City Hall, 20 Civic Center Plaza, proper Notice and Posting having been given, with affidavits on file in the office of the Clerk of the Council. The following Councilmen responded to roll call: John Garthe, Harry K. Yamamoto, James E. Ward, Lorin Griset, and Mayor Jerry M. Patterson. Councilman J. Ogden Markel and Councilman Vernon S. Evans arrived at 12:25 P.M. and 12:55 P.M., respectively. Also present were City Manager Bruce C. Spragg, Assistant City Manager Thomas Andrusky, City Attorney James A. Withers, Assistant Director of Public Works John Stevens, Director of Planning Charles C. Zimmerman, and Clerk of the Council Florence I. Malone. MANPOWER PROGRAM The Mayor stated that the proposed Joint Manpower Agreement between the cities of Anaheim, Garden Grove, Huntington Beach and Santa Aha and the County of Orange had been mailed to each Councilman approximately one week ago by the City Manager for the implementation of manpower planning and the distribution of manpower funding. He explained that a new federal law will bring manpower under a form of special revenue sharing; that up to five per cent increased funding will be available to a consortium representing more than fifty per cent of the County population (75 per cent of the labor market); and that the four largest cities of the County and the County (unincorporated areas) meet that requirement. He added that the agreement provides for a seven member board, one representative from each of the four cities and three representatives from the County. Councilman Markel stated that he was opposed to the agreement. Councilman Griset described the present inadequacies of the MAPC(Manpower Area Planning Council Program) based on his experience with the program as the previous Mayor; and stated that he was in favor of the proposed agreement and the new legislation regulating the program. The City Manager stated that the proposed agreement would be presented for Council approval in principle at the regular meeting of the Council scheduled to convene at 2:00 P.M. (CA 140.4) ORANGE COUNTY The Mayor reminded TRANSPORTATION DISTRICT Council that the Orange CORRIDOR STUDY County Transit District had submitted four alternative corridors for each city in the County to indicate its preference and make its recommendation to the District Board. He stated that Anaheim favored a route which would bring the corridor through the Disneyland area and back to the Santa Ana Freeway bypassing much of Santa Aha and all of the downtown Fourth Street area. CITY COUNCIL MINUTES 26 JANUARY 21, 1974 The City Manager reported that the City Planning Commission, Redevelopment Commission and Transportation Advisory Committee had concurred in the staff recommendation endorsing transit corridor T2E, as modified, which is essentially the old "Red Car" route through Garden Grove directly to Los Angeles, connecting with the Santa Fe line down to San Diego; and that justification for the recommendation lies in the fact that the Civic Center is a major traffic generator. The consensus was to recommend to the District the primary route through the Civic Center Area as recommended by the advisory boards and staff, with a supplementary route to serve Anaheim's Disneyland and Convention Center. (CA 112.2) STREET IMPROVEMENT PROGRAM ing the status of active street reviewed the report. (CA 29.4) The Assistant Director of Public Works distributed a tabulation dated January 21, 1974 indicat- improvement projects and orally FLOOD INSURANCE The Mayor expressed his concern over potential , flood damage in the event of a 100-year or 50-year storm, and Council requested staff to provide a report on the federal insurance program requirements for the City and recommended flood control measures for Santiago Creek. Councilman Evans left the meeting at 1:50 P.M. CIVIC CENTER AUTHORITY and adjacent to the Civic Civic Center Authority be parking in the area. Councilman Ward stated that he was concerned with the number of automobiles parked in Center; and he proposed that the given more authority to regulate Councilman Griset stated that the proposal would require the concurrence of the Board of Supervisors. Mayor Patterson stated that the City should recommend to the County that the Civic Center Authority be given jurisdiction over Civic Center landscaping maintenance, exterior building maintenance, utilities, lighting, leasing and parking; and that the recommendation be set forth in a resolution that Council could adopt and forward to the Board of SuperVisors for their action in the matter. Staff was.instructed to submit a report regarding the expan- sion of delegation of the authority and respontibilities of of the Civic Center Authority, on the unanimously approved motion of Councilman Ward, seconded by Councilman Garthe. (CA 77.3) ADJOURNMENT Mayor Patterson adjourned the meeting at 1:55 P.M. Clerk of the Council CITY COUNCIL MINUTES 27 JANUARY 21, 1974 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA January 21, 1974 The meeting was called to order at 2:10 P.M. in the Council Chambers of the City Hall, 22 Civic Center Plaza, with the following Councilmen present: John Garthe, J. Ogden Markel, Lorin Griset, James E. Ward, Harry K. Yamamoto, and Mayor Jerry M. Patterson. Also present were City Manager Bruce C. Spragg, City Attorney James A. Withers, Assistant Director of Public Works John Stevens, Senior Planner William Daugherty, and Clerk of the Council Florence I. Malone. Councilman Vernon S. Evans arrived at 2:15 P.M. MINUTES The Minutes of the Special Meeting and the Regular Meeting of January 7, 1974 were approved as submitted, on motion of Councilman Yamamoto, seconded by Councilman Ward, and unanimously carried. HOUSING AUTHORITY At 2:15 P.M., Council recessed to convene the Housing Authority. The meeting reconvened at 2:17 P.M. with all Councilmen present. CONSENT CALENDAR The following Agenda items were removed from the Consent Calendar: Item 2 requested by Mayor Patterson, Item 4 requested by Councilman Markel, Item $ B requested by Councilman Yamamoto, and Item 10 B requested by Councilman Ward. On motion of Councilman Griset, seconded by Councilman Yamamoto, Council affirmed the recommended action on the following Consent Calendar items: AGREEMENTS Mayor and Clerk: Approved the following agreements and authorized their execution by the TRACT 7434 STORM DRAIN COST REIMBURSEMENT AGREEMENT ASSIGNMENT - Between City and Johnson, Levine & Company for reassignment of moneys due pursuant to previous agreement dated February 22, 1972. (A-72-9; A-74-4) ENGINEERING SERVICES, EDNA PARK - Between the City and Jennings-Halderman-Hood for improvements. (A-74-S) ALCOHOLIC BEVERAGE LICENSE APPLICATION Application: Received and ordered filed the following Alcoholic Beverage License RUSTY PELICAN NORTH, INC., 301 North Tustin, On Sale General, Person to Person Transfer (Bona Fide Public Eating Place). CCA 146) CITY COUNCIL MINUTES 28 JANUARY 21, 1974 DEEDS, NO CASH Received and ordered GRANTEE, CITY filed the report of No-Cash Deeds accepted by the City Manager pursuant to Resolution #69-156, from January 3, 1974 through January 16, 1974. (CA 155) DEEDS WITH CASH GRANTEE, CITY necessary documents Approved the following deeds and authorized the Mayor to sign all in connection with the purchase: H AND J MABURY; West side of Cabrillo Park Drive, south of Seventeenth; vehicle access rights. EARL DEVELOPMENT; west side of Cabrillo Park Drive, south of Seventeenth; vehicular access (CA lSS) DEEDS, NO CASH GRANTOR, CITY rights. Authorized execution of the following deeds by Mayor and Clerk: THE FIRST METHODIST CHURCH OF SANTA ANA; south side of Civic Center Drive, west of French Street; street purposes; PACIFIC TELEPHONE AND TELEGRAPH CO.; north of Alton at Reservoir; (CA 155) TENTATIVE PARCEL MAP subject to conditions Report, utility easement. Received and ordered filed the Negative Declaration, approved contained in Planning Director's and waived alley requirement on the following: TENTATIVE PARCEL MAP #849 - Filed by Irvine Industrial Complex, creating two (2) LM parcels for industrial uses, generally located on the southwest corner of Warner Avenue and Red Hill Avenue. (CA 25) FINAL TRACT MAP Approved final map, and authorized execution of the the following: TRACT #84?3 - Northeast corner of Main and Alton Streets; eleven (.11) lots. (CA 24) CHANGE ORDER Approved the following Change Order: PROJECT 5014 - Installation of a Traffic Signal and Lighting System at Santa Aha Boulevard and Parton Street; Change the amount of $245.00. SURPLUS PROPERTY REPORTS accepted the dedications thereon, and the bonds, subdivision agreement on Order No. 1, increasing in (CA Declared surplus and authorized demoli- tion of the following: SPR 74-1 - Building and garage located at 712 North French Street. (CA 45) SPR 74-2 - Building and garage located at 716 North French Street. (CA 45) * * * * * * * * CONSENT CALENDAR FINIS CITY COUNCIL MINUTES 29 JANUARY 21, 1974 BID AWARD A motion was made by PROJECT 8022 A Councilman Ward, seconded CABRILL0 TENNIS CENTER by Mayor Patterson, to 1) Award PROJECT 8022 A, Cabrillo Tennis Center, Phase I, to Sharecroppers, Inc., Orange, on basis of lowest, best and most responsible bidder; 2) Accept with thanks the donation of funds from the Santa Ana Tennis Club; 3) Instruct staff to pursue the possibility of reducing total cost of the project up to ten per cent of the total bid by eliminating any optional items from the specifica- tions; and 4) Authorize the transfer of $55,000 fro~ Fund 402, Activity 117, Account 631, Project No. 8027 to Project No. 8022 A, Phase I. By informal unanimous consent, Council agreed to vote on each part of the motion separately: 1) and 4) (Award Project to Sharecroppers, Inc.) carried with Councilmen Markel and Yamamoto dissenting; 2) CAccept donation of Tennis Club) carried with Councilmen Markel and Yamamoto dissenting; 3)(Instruct staff to pursue reduction in total cost) failed, with Councilmen Evans, Yamamoto, Garthe and Markel dissenting. Prior to the motion, the City Manager reported that the lowest bidder, Coyle Engineering Contracting Company of La Habra, had omitted the reinforcing steel portion of the bid and had requested that its bid be disqualified. The Manager stated that the next lowest bid was over budget by thirty per cent; that staff recommended all bids be rejected, and that the project be redesigned and rebid at a later date; however, that rapidly rising construction costs might offset revisions in the specifications if the bid award were postponed. Frank Morris, architect for the project, stated tkat there would be some risk in delaying the bid award, in that it might not be possible to receive dollar for dollar on any deletions from the specifications, or reduction of the scope of the project, due to current inflationary trends, and requested direction from Council. Don Honer, President of the Santa Ana Raquet Club, 1073 West 17th Street, spoke in favor of awarding the contract to the second lowest bidder. Nancy McDaniel, 2421 Poinsettia, urged Council to accept the second bidder, and stated that the Santa Aha Tennis Club would contribute $2,500 to the Tennis Center Project. Prior to the vote, Councilman Markel stated that adequate tennis facilities were available in parks and schools in the City, and that the number of courts at the Center should be reduced from six to four; Councilman Yamamoto's opinion was that whereas rising costs must be met for essential projects, such as fire stations, other less necessary projects should meet budget requirements. CITY COUNCIL MINUTES 30 JANUARY 21, 1974 The Councilmen in favor of the bid award stated that construc- tion costs are rising at the rate of approximately two per cent per month; that the tennis center would be an asset to the City; that the specifications were reasonable; and that a delay would result in increased costs. (CA 89) TRAFFIC REPORT On motion of Councilman Evans, seconded by Councilman Griset, and carried with Council- man Markel dissenting, Council received and ordered filed the Report of control devices removed or installed January 1 through January 1S, 1974, inclusive. (CA 18.5a) ALCOHOLIC BEVERAGE On motion of Councilman LICENSE APPLICATION Evans, seconded by HEINZMAN AND HUNTER Councilman Ward, and carried, with Councilman Yamamoto dissenting, Council received and ordered filed the following Alcoholic Beverage License Application: HEINZMAN, DAVID S. and HUNTER, ELVAN E., 1815 South Main Street, On Sale Beer, Person to Person Transfer. (CA 146) TENTATIVE PARCEL MAP On motion of Councilman NO. 852 Evans, seconded by Councilman Yamamoto, and carried with Council- man Ward dissenting, Council received and filed the Negative Declaration, approved subject to conditions contained in the Planning Director's report, and waived the alley require- ment on the following: TENTATIVE PARCEL MAP #852 Filed by Albert Bruning, creating three (5) M 1 parcels; parcel #1 is a storage yard, parcel #2 for industrial use, parcel #3 is an existing residential parcel; located generally on the east side of Fairview Street, 330 feet north of First Street. (CA 25) RE~LDING WAIVED The full reading of ordinances and resolu- tions, the titles of which appeared on the public Agenda, was waived, on motion of Councilman Evans, seconded by Councilman Yamamoto, and carried unanimously. RESOLUTION 74-7 A RESOLUTION OF THE OPEN SPACE GRANT CONTRACT CITY COUNCIL OF THE UNITED STATES OF AMERICA CITY OF SANTA ANA APPROVING AND PROVIDING FOR THE EXECUTION OF A CONTRACT FOR GRANT TO ACQUIRE AND/OR DEVELOP LAND FOR OPEN SPACE PURPOSE NO. CALIF. OSC-425 BY AND BETWEEN THE CITY OF SANTA ANA AND THE UNITED STATES OF AMERICA was adopted on motion of Councilman Griset, seconded by Councilman Ward, and unanimously carried. (CA 140.12) CITY COUNCIL MINUTES 51 JANUARY 21, 1974 RESOLUTION 74-9 A RESOLUTION OF THE APPEAL NO. 336, VA. 73-60 CITY COUNCIL OF THE ROBERT B. WILDER CITY OF SANTA ANA SANTA ANA ATHLETIC CLUB GRANTING APPEAL NUMBER 336 OF THE SANTA ANA ATHLETIC CLUB AS TO CONDITION 6A IN REQUIRING 33 PARKING SPACES INSTEAD OF 44 PARKING SPACES, AND MODIFYING CONDITION 6B, AND SPECIFYING THAT THE INJUNCTION WILL BE REMOVED AND BUILDING PERMITS ISSUED WHEN THE PLANNING DEPARTMENT HAS APPROVED PLANS AND AGREEMENTS FROM THE APPLICANT FOR PARKING AREAS THAT ARE IN CONFORMANCE WITH THE MUNICIPAL CODE was adopted on motion of Councilman Evans, seconded by Councilman Ward. The resolution had been ordered following the public hearing on January 6, 1974. The resolution was adopted with the following amendments: 1) Paragraph 7 to permit specifically one pool table and a dart board; 2) Paragraph 18 to terminate the variance at the end of five years, instead of two years, with the same conditions for additional one year extensions; 3) Paragraphs 17 and 24 were combined to provide 33 required parking spaces (17 on the 30 year lease, and 16 on the S year lease) in lieu of the 44 parking spaces, to enable applicant to comply, with minimum landscaping requirements. The motion carried by the following roll call vote: AYES: Evans, Ward, Griset, Yamamoto, Garthe, Markel NOES: None ABSENT: None ABSTAINED: Patterson Prior to the motion, Robert Wilder, 22821 Islamare, E1 Toro, spoke in favor of the amendments to the resolution, and presented diagrams of his proposed layout of the two parking lots to Council. (CA 13.4) RESOLUTION 74-10 A RESOLUTION OF THE ENVIRONMENTAL PROTECTION AGENCY CITY COUNCIL OF THE FEDERAL LEGISLATION CITY OF SANTA ANA SuppORTING THE ENACTMENT OF FEDERAL LEGISLATION TO NULLIFY THE RECENT PARKING AND CARPOOL REGULATIONS OF THE ENVIRONMENTAL PROTEC- TION AGENCY ;aND POSTPONING FURTHER REGULATIONS UNTIL CONGRESS HAS STUDIED THEIR IMPACT AND ALTERNATIVES was adopted on motion of Councilman Griset, seconded by Councilman Evans, and unanimously carried. (CA 145.8a) CITY COUNCIL MINUTES 32 JANUARY 21, 1974 RESOLUTION 74-11 A RESOLUTION OF THE SPUR TRACK ACROSS YALE CITY COUNCIL OF THE SOUTHERN PACIFIC CITY OF SANTA ANA GRANTING TO SOUTHERN PACIFIC TRANSPORTATION COMPANY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, A PERMIT TO CONSTRUCT, MAINTAIN AND OPERATE A SPUR TRACK ACROSS YALE STREET IN THE CITY OF SANTA ANA was adopted on motion of Councilman Griset, seconded by Council- man Evans, and unanimously carried. By informal consensus, Council requested staff to investigate and report to Council ways and means for requiring Southern Pacific Transportation Company to bring railway crossings in the City up to Code. (CA 29.12) RESOLUTION 74-12 A RESOLUTION OF THE C.U.P. 73-17 CITY COUNCIL OF THE EPM HUNT COMPANY CITY OF SANTA ANA UPHOLDING THE DECISION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AND APPROVING CONDITIONAL USE PERMIT 73-17 FILED BY THE EPM HUNT COMPANY was adopted on motion of Councilman Evans, seconded by Councilman Griset, and carried on the following vote: AYES: Evans, Griset, Ward, Garthe, Markel NOES: Yamamoto ABSENT: None ABSTAINED: Patterson (CA 13.1) NATURAL GAS AS Councilman Griset's FUEL SUPPLY motion, seconded by Councilman Yamamoto to receive and file the Report of the City Manager dated January 16, 1974, regarding advantages and disadvantages of using natural gas as a fuel for City vehicles and equipment, carried, with Council- man Markel dissenting. Prior to the vote, M. W. Hutchinson, District Manager, Southern California Gas Company, suggested that should Council decide to initiate a natural gas program, approximately twenty cars be converted to "switch-over" capability on a trial basis. The City Manager reported that staff investigation had indicated that similar pilot programs by other governmental agencies had not been successful, and that in his opinion such a program would be a risky undertaking at this time. WA 145.5) PROPERTY DEVELOPMENT Council referred to the ZONING CODE AMENDMENTS Planning Commission for study and recommendation the proposal to amend the Zoning Code to control premature division and development of property without benefit of an over ali plan of development in certain areas of the City, suggested in the memo from the Planning Director dated January 16, 1974, on the unanimously carried motion of Councilman Griset, seconded by Councilman Evans. (CA 10.1) CITY COUNCIL MINUTES 33 JANUARY 21, 1974 SENATE BILL 2747 On the unanimously MINIMUM WAGE LEGISLATION carried motion of Council- man Griset, seconded by Councilman Garthe, Council instructed the Clerk to forward a letter to City's representa- tives in the Senate and House expressing strong opposition and requesting their "No" vote on Senate Bill 2747 - Minimum Wage Legislation, including reduced work week for firefighters, as recommended in the Fire Chief's Report dated January 15, i974. (CA SO) SISTER CITY PROGRAM Council instructed the KORIYAMA, JAPAN Clerk to forward a letter to Koriyama intermediary declining sister city affiliation, as recommended in the Report from the City Manager dated January 8, 1974, on the unanimously carried motion of Councilman Griset, seconded by Councilman Evans. (CA 67) ORANGE COUNTY TRANSIT DISTRICT The City Council accepted ALTERNATIVE TRANSIT the recommendation of the CORRIDOR STUDY City's Transportation Advisory Committee to support in concept Orange County Transit District Alternative Plan Number T2E (Sketch 9), with proposed staff modifications, and in addition thereto, to recommend to the Orange County Transit District the inclusion of a supplemental corridor serving the high traffic generators located in the southerly portion of Anaheim, on the unanimously approved motion of Councilman Griset, seconded by Councilman Ward. The proposed staff modifications to Orange County Transit Dis- trict Alternative Plan T2E consist of a north-south corridor running northerly from Huntington Beach, an east~west corridor running from the City of Santa Ana in the direction of Long Beach, and a loop around the southern part of the City utilizing portions of the San Diego Freeway and the Newport Freeway. The two corridors recommended are 1) An alignment following the old Pacific Electric right-of-way from the northeast into Santa Aha, thence easterly through the downtown area to the Santa Fe Railroad right-of-way, thence southeasterly towards south Orange County and San Diego; 2) A north-south corridor extending the adopted alignment of the Orange Freeway, Route S7, southerly from the Garden Grove Freeway generally along the Santa Ana River to its junction with the San Diego Freeway. Billy C. Hall, Executive Director of City Center Association, spoke in support of the Pacific Electric right-of-way corridor into downtown Santa Ana. (CA 112.2) FIRE STATION NO. 4 On the unanimously ACQUISITION carried motion of Councilman Griset, seconded by Councilman Garthe, Council approved the recommendation for acquisition of property on the northwest corner of Flower Street and Glenwood Place for Fire Station No. 4, contained in the Report from Planning Commission dated January 15, 1974. (iCA 64) CITY COUNCIL MINUTES 34 JANUARY 21, 1974 ENERGY CRISIS The 3~part motion of Councilman Griset, seconded by Councilman Ward to: 1) Approve in principle the funding of Orange County Transit District passes for all City employees on an experimental basis for a one-year period at a cost of about $4,000, and authorize presentation of an agreement for Council approval on February 4, 1974; Authorize the Police Department to store not more than five bicycles under the Plaza of the Flags for use as a City bicycle pool; and 3) Receive and file remaining portions of City Manager's Report dated January 17, 1974; carried as follows: 1) with Councilmen Markel and Evans dissenting; 2) and 3) unanimously. (CA 145.5) ORAL COMMUNICATION On the unanimously SENATE BILL lis carried motion of COURT OF APPEALS IN CITY Councilman Yamamoto, seconded by Councilman Garthe, Council authorized the Mayor to send appropriate letters to the City's representatives in the State Assembly and Senate endorsing and supporting Senate Bill 115, which provides that the Fourth Appellate District Court of Appeals be located in the City. Prior to the motion, Mayor Patterson summarized the content of the bill as it pertains to Santa Ana. (CA 57) ORAL COMMUNICATION JOINT ~DINPOWER AGREEMENT Markel and Garthe dissenting, Council Manpower Agreement between the cities On motion of Councilman Griset, seconded by Councilman Ward, and carried, with Councilmen approved the Joint of Anaheim, Garden Grove, Huntington Beach and Santa Ana, and the County of Orange, which had been reviewed in the Council study session prior to the regular meeting. (Council Minutes, Page 26) (CA 140.4) RECESS present, except Councilman Evans. At 4:20 P.M. a recess was declared; Council reconvened at 4:30 P.M. with all Councilmen ORAL COMMUNICATION Councilman Yamamoto VETERANS' SERVICES IN CITY suggested that the City offer facilities to the Veterans Administra- tion for a temporary veterans' service office in Santa Ana to assist local veterans who had not received checks because of a federal computer error. The City Manager stated that he would look into the matter. {CA 131) CITY COUNCIL MINUTES 35 JANUARY 21, 1974 ORAL COMMUNICATION Councilman Markel FIRST STREET WIDENING presented two diagrams to Council depicting 1) present and future alignment of the intersection of First and Lyon Streets, and 2) accident statistics pertaining to the intersection. He stated that a realignment of Lyon in connection with the widening of First Street would not be logical in view of the existing traffic flow pattern and low accident rate of the intersection. The Assistant Director of Public Works now agrees with Councilman Markel, and immediate need for realignment of Lyon reported that staff does not foresee any Street. (CA 29.8) RECESS On motion of Councilman Griset, seconded by Councilman Yamamoto, and carried by informal unanimous consent, Council recessed at 4:50 P.M. to dinner with the Personnel Board. The meeting reconvened at ?:30 P.M. with all Councilmen present. Following the Pledge of Allegiance, the invocation was given by Councilman Griset. (CA 80.17) COMMUNITY SPOTLIGHT Mayor Patterson AMERICAN FIELD SERVICE recognized Mrs. Margaret Beyer, President of the Santa Aha Chapter of the American Field Service, and presented proclamations of honorary citizenship to foreign exchange students Cecilia Rivera, from Cuenca, Ecuador, and Fouad Mirzein, Beirut, Lebanon. The students expressed their appreciation to the City and for the opportunity provided to them by the AFS to spend the school year in Santa Ana. Mrs. Beyer described the program sponsored by the AFS. (CA 9.9) PUBLIC HEARING Mayor Patterson announced APPEAL NO. 334 that he had a conflict of CUP NO. 73-15 interest in the matter of SOUTHSIDE INVESTMENT COMPANY the public hearing on Appeal No. 334, filed by Southside Investment Co., appealing the Planning Commission denial of CUP 73-15, in that the parties involved are clients of his law practice. The Mayor left the Council Chamber after relinquishing the gavel to Vice Mayor Evans. Vice Mayor Evans declared the public hearing opened. (It had been continued by Council on December 10, 1973, to this date, at the request of the applicant.) Senior Planner William Daugherty stated that Southside Invest- ment Company had applied for a Conditional Use Permit to allow retail sales in the Mi District at 1700-1730 South Grand Avenue; and that the Planning Commission, acting on the recommendation of staff, had denied the application. He reviewed the Planning Commission Findings of Fact supporting the denial dated November 12, 1973. The Clerk reported that no written communications had been received. CITY COUNCIL MINUTES 36 JANUARY 21, 1974 Mr. Scott Smith, Attorney, 2122 North Broadway, representing the appellant/applicant, stated that the appeal was initiated by Southside Investment Co., but that it is the Company's tenants who are pursuing the matter. Mr. Smith stated that due to a misunderstanding of the Planning Commission date, the applicant's position had not been heard; that there are six separate businesses involved and in some instances the uses are manufacturing with incidental sales; that the traffic flow is minimal; that there are existing retail uses in the vicinity. Mr. Smith further stated that Section 41-472(h)(13)(a) provides retail and service uses are permitted in Mi with a conditional use permit which, in effect, adjusts the City's zoning to demands of business enterprises; that the applicants had entered into leases with the property owner relying on his representation that the zoning would allow retail sales. The tenants were present and were introduced by their attorney, who described their individual business operations, emphasizing their compatibility in the area and their minimum traffic generation. There were no other proponents or opponents, and the hearing was closed by the Vice Mayor. Councilman Ward's motion, to uphold the decision of the Plan- ning Commission and instruct the City Attorney to prepare a resolution denying Conditional Use Permit No. 73-15 and Appeal No. 334, was seconded by Councilman Markel and carried on the following roll call vote: AYES: Ward, Markel, Garthe, Griset NOES: Yamamoto, Evans ABSENT: None ABSTAINED: Patterson (CA i3.3) RECESS at 8:45 P.M., with all Vice Mayor Evans declared a five-minute recess at 8:40, P.M. The meeting reconvened Councilmen present. WAFFLE HOUSE DISPOSITION Mayor Patterson recognized Mrs. Betty Biner, 628 E. Chestnut Street, who stated her hope to per- suade Council to assist in the preservation of the Waffle House which is in process of purchase by the City to accommodate the widening and construction of East Civic Center Drive. She further stated that a fund had been initiated by Mrs. Weston Walker and herself, with Home Savings and Loan, for the preservation of the house; that there has been some response, although not overwhelming, to two newspaper articles on the subject; that she strongly recommended selection of an alterna- tive route; that if that were impossible, time was their only ally, and perhaps the postponement of the project might be considered. Mayor Patterson responded that the commitments to the project had passed the point of no return. CITY COUNCIL MINUTES 37 JANUARY 21, 1974 Councilman Griset pointed out that, in any case, the owners of the property wanted to sell. Mr. Allen Goddard, representing the Cultural Heritage Evaluation Committee stated the Committee reluctantly concurred with the recommendation of the Director of Public Works, to proceed with the development of East Civic Center Drive, and that the City make the house available to any cultural or historical organiza- tion or group of interested citizens who may wish to undertake its preservation utilizing private funds. The City Manager pointed out that delays of the project were costly due to daily increases in construction costs. Councilman Griset's motion, to establish April 1, 1974 as the deadline for the development of a private fund to preserve the Waffle House by removing it from the right-of-way for the proposed improvement of Civic Center Drive East, with the proviso that a further time extension be considered by Council if sufficient moneys were deposited to the fund to warrant it, was seconded by Councilman Evans and carried with Mayor Patterson dissenting. (CA 85.1d) SANTIAGO LIBRARY SYSTEM Mayor Patterson OUTREACH PROGRAM recognized Ms. Marilyn Coen, representing the Santiago Library System Outreach Program, who described the operation and purpose of the program, a bilingual bookmobile service, in this City and others in Orange County. Council accepted her invitation to tour the bookmobile following adjournment of the meeting. (CA 56) ORAL COMMUNICATION Mayor Patterson UNION HALL AGREEMENT recognized Mr. Dan Conway, Manager, Villa Grande Mobile Park, 1500 B. Warren Avenue. Mr. Conway stated that the 400 resi- dents of the mobile park have lived in fear for many months because of the violence, destruction and disturbances at the Laborers Union Hall, adjacent to the mobile home park; that an agreement with the representatives of the Union had been negotiated in October, but that nothing has been done to implement its terms. He requested Council take action to rescind the dance permits for the Union Hall until compliance with the agreement has been achieved, i.e., construction of a 10-foot high block wall, installation of speed bumps in the parking lots, relocation of traffic flow, two law enforcement officers for every 100 people in attendanceS. 2:00 A.M. curfew (10:00 P.M. on Sunday). He stated that the mobile home park residents needed immediate help from the Council to see the terms of the contract were met or it would be necessary to seek assistance through the news media and public opinion. The request was referred to Staff for investigation, necessary enforcement and report to Council at its next meeting, on the unanimously approved motion of Councilman Griset, seconded by Councilman Ward. (CA 127) ORAL COMMUNICATION Vice Mayor Evans pro- SERVICE STATIONS vided the Mayor with a letter dated January 21, 1974, which he had received from R. H. Berringer, Property Representative for Standard Oil Co. of California, which he read aloud. The CITY COUNCIL MINUTES 38 JANUARY 21, 1974 letter described the Company's operations pertaining to closing and abandoning service station locations in the City and advised that the number of service stations in the City had been reduced from 24 to 16 during 1972 and 1973, and that they would have 14 stations operating by the end of 1974. The letter was received and filed by unanimous informal agreement. (CA 78) ADJOURNMENT At 9:45 P.M., Council adjourned on the unanimously approved motion of Councilman Griset, seconded by Councilman Yamamoto. Florence I. Malone Clerk of the Council CITY COUNCIL MINUTES 39 JANUARY 21, 1974