HomeMy WebLinkAbout09-09-1974MINUTES OF THE ADJOURNED REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
September 9, 1974
The Adjourned Regular Meeting was called to order by Vice
Mayor Evans at 2:09 P.M. in the Council Chambers of the City
Hall, 22 Civic Center Plaza, with the following Councilmen
present: John Garthe, Lorin Griset, Vernon S. Evans, J.
Ogden Markel, James E. Ward, Harry K. Yamamoto. Mayor Jerry
M. Patterson arrived at 2:24 P.M. Also present were City
Manager Bruce C. Spragg, Assistant City Attorney Charles
Liberto, Director of Planning Charles C. Zimmerman, Director
of Public Works Ronald Woiford, and Clerk of the Council
Florence I. Malone.
INVOCATION
PLEDGE OF ALLEGIANCE
Following the Pledge
of Allegiance, Council-
man Evans gave the
Invocation.
MINUTES The Minutes of the Regular
Meeting of August 19
and September 3, 1974,
and the Adjourned
Regular Meeting of August 26, 1974, were approved as submitted,
on motion of Councilman Yamamoto, seconded by Councilman
Garthe, and unanimously carried.
CONSENT CALENDAR The following Agenda
items were removed
from the Consent Calen-
dar: Item 7 C requested
by Councilman Griset; Items 2 A, S C, 5 D, and 7 A requested
by Councilman Yamamoto; Items 3, $ A, 5 B, 5 E, 5 H, and 16
requested by Councilman Markel.
On motion of Councilman Ward, seconded by Councilman Griset,
and unanimously carried, Council affirmed the recommended
action on the following Consent Calendar items:
BID CALLS
ment for bids
on the following:
Approved plans and
specifications, and
authorized advertise-
SPEC. 74-017 - Two Electro-Mechanical
Rotary Files.
SPEC. 74-018 - Five Solo Motorcycles.
SPEC. 74-019 - Twenty enclosed light
bar with speakers and control switches.
SPEC. 74-020 - A mini-computer based
burglary data system.
PROJECT 8039 - Construct Sanitary Sewer
in Edgewood Road and in Santiago Street
from Valencia Avenue to 110' north of
Grovemont Street.
CITY COUNCIL MINUTES 323 SEPTEMBER 9, 1974
PROJECT 1345, 1359, 5020, 5021, 5022,
5023, 8061, 8066, 8079 AND 8082
Procurement of Traffic Standards for
New Traffic Signal Installations under
FY 1974-1975.
PROJECT 6077 - Construct concrete block
storage building in Santiago Park.
(CA 89)
BID AWARDS
most responsible bidder:
Awarded contracts as
follows on the basis
of lowest, best and
SPEC. 74-012 - 4,000 feet of 3" Fire Hose.
Awarded to Wardlaw Fire Equipment Company,
La Habra, for 3,400 feet of 3" fire hose.
PROJECT 1354 - Construct south side of 17th
from College Avenue to Bristol Street.
Awarded to Steiny & Company, Anaheim.
SPEC. 74-016 - 1,000 Pre-Columbian Catalogs.
Awarded to Smith Printers, Tustin.
(CA
TRAFFIC Received and ordered
filed report of con-
trol devices removed
or installed August 13 through September 3, 1974,
inclusive. (CA 18.3a)
ALCOHOLIC BEVERAGE
LICENSE APPLICATIONS
License Applications:
Received and ordered
filed the following
Alcoholic Beverage
GARNER, Glendon 0., 2222 East 1st Street.
Original - On Sale Beer & Wine (Bona Fide
Public Eating Place).
NELSON, Kenneth Edmund, 1640 E. Edinger,
Unit O. Original - Wine Blender.
3550, INCORPORATED, 2133 South Main, PERRY,
Jack; HANSHAW, Frederick; V. P. GOFF.
Person to Person Transfer - Off-Sale General.
(CA 146)
CONDITIONAL USE PERMIT Received and ordered
filed the Negative
Declaration and Plan-
ning Commission Finding of Fact for the following:
CUP 74-6 RICHARD C. BRUCE AND GENE FACCOU -
To allow paper recycling in an existing
automobile wrecking yard in the M 2 District,
920 E. 6th Street. APPROVED.
(CA 13.1)
CITY COUNCIL MINUTES 324 SEPTEMBER 9, 1974
DEEDS, NO CASH Received and ordered
GRANTEE, CITY filed a report of
No-Cash Deeds accepted
by the City Manager, pursuant to Resolution #69-156,
from August 14 through September 3, 1974, inclusive. (CA 155)
TENTATIVE PARCEL Received and ordered
& TRACT MAPS filed the Negative
Declaration or Determin-
ation of Exemption; approved the following maps subject
to conditions contained in the Planning Director's report;
and waived the alley requirement where applicable:
TENTATIVE PARCEL MAP #883 - Filed on June 10,
1974, by Melton Estate, creating four (4) C 1
parcels; all proposed parcels to be used for
commercial uses; located generally on the north
side of Edinger Avenue between Fairview Street
and Sullivan Street. (CA 25)
TENTATIVE TRACT MAP #8743 - Filed on July 22,
1974, by Brittany Village, creating one (1)
A 1 lot; proposed lot to be used for condominium
purposes; located generally on the south side
of Santa Clara Avenue, 663 feet west of Tustin
Avenue. (CA 24)
TENTATIVE TRACT MAP #8754 - Filed on July 17,
1974, by Russell Mangum Company, creating one
(1) R3H lot; proposed lot to be used for resi-
dential purposes; located generally on the
northwest corner of Ninth Street and French
Street. (CA 24)
COMPLETION OF
IMPROVEMENTS
material bonds
on the following:
Authorized release
of performance,
monument, labor and
TRACT 7891 - North side of Santa Clara
Avenue, east of Old Grand. (CA 24)
CHANGE ORDERS
Approved the follow-
ing Change Orders:
PROJECT NO. 8030 - Construct Drafting Pit at
Fire Station Number 9 at 2726 South Grand
Avenue; Change Order No. 1, increasing in
the amount of $234.08.
PROJECT NO. 8033 - Modifications and Altera-
tions to Police Facilities Building; Change
Order No. 4, increasing in the amount of
$717.37. (CA 89)
SURPLUS PROPERTY
following property:
Declared surplus
and authorized the
demolition of the
SPR. 74-11 - One story, single family
residence and garage, located at 820
W. 3rd Street, southeast corner of 3rd
& Flower Streets.
SPR NO. 74-13 - Residence converted to real
estate office, located at northwest corner
of Jefferson & 17th, 401 & 403 W. 17th St.
CITY COUNCIL MINUTES 325 SEPTEMBER 9, 1974
SPR NO. 74-14 Commercial building, located
on the north side of l?th, west of Jefferson,
405 & 40? W. l?th, concrete block.
SPR NO. 74-15 Commercial building, located
on the north side of 17th, west of Jefferson,
411 & 411-1/2 W. 17th, 1-story frame & stucco.
(CA 45)
PROCLAMATIONS Council received
and ordered filed
the report of the
following Proclamations issued by the Mayor, August
through September S, 1974:
FIESTAS PATRIAS 164 ANIVERSARIO DIA DE LA
INDEPENDENCIA DE MEXICO 1810 - 1974.
WOMEN'S WEEK August 26 through August 31.
EXTENDING FRIENDLY GREETINGS TO THE CITY
OF KORIYAMA, JAPAN.
SANTA ANA BIRTHDAY PRIDE IN CITY MONTH
Month of October.
ROTARY CLUB OF SANTA ANA NORTH -
September 10, 1974 as Rotary Day.
WORLD LITERACY DAY - September 8, 1974.
(CA 46)
APPLICATION TO FILE
LATE CLAIM
14
Council denied the
following application:
Application for the Presentation of a
Late Claim filed by Daniel R. Bucknum
representing Stephen J. Marchese, re-
ceived September 3, 1974. (CA 65.7)
* * * * * * * * CONSENT CALENDAR FINIS * *
BID AWARD Council awarded a con-
PROJECT 6092 tract as follows on the
FLOWER STREET MEDIAN basis of lowest, best
& FISHER PARK and most responsible
bidder, on the unani-
mously approved (6-0) motion of Councilman Garthe, seconded
by Councilman Ward:
PROJECT 6092 Construct Irrigation Systems
in Flower Street Median and in Fisher Park.
Awarded to J & R Sprinkler Company, Van Nuys.
(CA 89)
AGREEMENT
P.O.D. INC.
CENTENNIAL PARK
on the unanimously approved (6-0)
seconded by Councilman Yamamoto:
Council approved and
authorized the Mayor
and Clerk to execute
the following agreement
motion of Councilman Ward,
LANDSCAPE ARCHITECTURAL SERVICES FOR
CENTENNIAL PARK - Between City and P.O.D.,
Inc. (CAr74~8)
CITY COUNCIL MINUTES 326 SEPTEMBER 9, 1974
Mayor Patterson arrived at 2:24 P.M.
ALCOHOLIC BEVERAGE Councilman Garthe's
LICENSE APPLICATION motion, seconded by
ASSOC. HOSTS OF CALIF. Councilman Markel, to
receive and file the
Alcoholic Beverage License Application of Associated Hosts
of California without protest, failed to carry on the follow-
ing roll call vote:
AYES: Garthe, Markel, Yamamoto
NOES: Griset, Ward, Evans, Patterson
ABSENT: None
The City Attorney was instructed to file a letter of protest
based on the Planning Director's report that the location of
the property is within 300 feet of a residential area and is
therefore subject to the Minor Exception Permit Procedure, on
motion of Councilman Ward, seconded by Councilman Griset, and
carried (4-3), with Councilmen Markel, Garthe and Yamamoto
dissenting, on the following:
ASSOCIATED HOSTS OF CALIFORNIA, 3606 South
Bristol. Person to Person Transfer, Premises
Transfer - On Sale General (Bona Fide Public
Eating Place). (CA 146)
ALCOHOLIC BEVERAGE Council received and
LICENSE APPLICATIONS ordered filed the follow-
MENDEZ; O'CONNOR ing Alcoholic Beverage
License Applications
on the unanimously approved motion of Councilman Evans,
seconded by Councilman Ward:
MBNDEZ, Bernardino Loszno, 916 E. Stafford
Street. Person to Person Transfer - Off Sale
Beer & Wine.
O'CONNOR, Margaret K., William M., 2428
North Grand Avenue. Original - On Sale Beer
& Wine (Bona Fide Public Bating Place). (CA 146)
ALCOHOLIC BEVERAGE Council received and
LICENSE APPLICATIONS ordered filed the follow-
SURGUINE; BURGESS ing Alcoholic Beverage
License Applications
on motion of Councilman Ward, seconded by Councilman Evans,
and carried with dissenting vote by Councilman Yamamoto:
SURGUINE, Jack N., 2545 W. McFadden. Person
to Person Transfer - On Sale Beer.
BURGESS, Charles R. & Hertha A., 2128 N. Tustin.
Person to Person Transfer On Sale Beer. (CA 146)
ALCOHOLIC BEVERAGE Council instructed the
LICENSE APPLICATION City Attorney to file
LUIS FLORES a letter of protest
with the Alcoholic
Beverage Control Board, based on the Planning Director's report
that the location is within 300 feet of a residential zone,
and is therefore subject to the Minor Exception Permit Proce-
dure, on the unanimously approved motion of Councilman Evans,
seconded by Councilman Yamamoto, on the following application:
CITY COUNCIL MINUTES 327 SEPTEMBER 9, 1974
FLORES, Luis Albert, 310 West 4th Street.
Original - On Sale Beer. (CA 146)
VARIANCE 74-21 Council received and
JEROME GENOWAY ordered filed Negative
Declaration Form, and
Planning Commission
Findings of Fact on the following, on motion of Councilman
Evans, seconded by Councilman Ward, and carried with dissent-
ing votes by Councilman Yamamoto and Mayor Patterson:
VA 74-21 JEROME GENOWAY - To operate
a light printing manufacturing business
in an existing warehouse in the R 2 District
and install one roof sign, 1130 E. 17th
Street. APPROVED. (CA 13)
CONDITIONAL USE PERMIT
NO. 74-7; LORIN GRISET
Commission Findings of Fact
mously approved motion (6-0)
by Councilman Gartho:
Council received and
ordered filed the
Negative Declaration
Form and Planning
on the following, on the unani-
of Councilman Ward, seconded
CUP 74-7 LORIN GRISET - To permit a preschool
in an existing residence in the R 1 District,
2129 West Edinger Avenue. APPROVED.
Prior to Council's action, Councilman Griset declared a
conflict of interest, and left the Council Chamber at 2:25
P.M., returning at 2:35 P.M. (CA 13.1)
BUDGET TRANSFER - FROM
FLOWER ST. BIKE ROUTE
TO CENTENNIAL PARK
approved motion of Councilman Evans,
Yamamoto:
Council approved
the following Appro-
priation Adjustment
on the unanimously
seconded by Councilman
APPROPRIATION ADJUSTMENT NO. 27 - To Transfer:
From Account No. To Account No. Amount
403-117-631
(Project 8058
Flower St. Bike
Route)
403-117-631
(Project 8084
Centennial Park)
$ 7,500
To prepare conceptual master plan for Centennial
Park. (CA 65.3)
READING WAIVED The full reading of
ordinances and resolu-
tions, the titles of
which appeared on the
public Agenda, was waived on the unanimously approved motion
of Councilman Evans, seconded by Councilman Yamamoto.
RECESS
At 2:37 P.M., Council
recessed and reconvened
at 2:42 P.M. with all
Councilmen present.
CITY COUNCIL MINUTES 328 SEPTEMBER 9, 1974
ORDINANCE NO. NS~1219 AN ORDINANCE OF THE
WELL CONSTRUCTION & CITY COUNCIL OF THE
ABANDONMENT CITY OF SANTA ANA
ADDING ARTICLE IV TO
CHAPTER 39 OF THE SANTA ANA MUNICIPAL CODE, PERTAINING TO
THE CONSTRUCTION AND ABANDONMENT OF WELLS WITHIN THE CITY
OF SANTA ANA was placed on first reading on the unanimously
approved motion of Councilman Evans, seconded by Councilman
Yamamoto. (CA 12)
RESOLUTION NO. 74-134 A RESOLUTION OF THE
WELL PERMIT FEE CITY COUNCIL OF THE
SCHEDULE CITY OF SANTA ANA
FIXING WELL CONSTRUC-
TION AND ABANDONMENT PERMIT FEES was unanimously adopted
on motion of Councilman Evans, seconded by Councilman Yamamoto.
(CA 12)
AGREEMENT Council approved the
WELL ORDINANCE following agreement
ENFORCEMENT and authorized its
execution by the
Mayor and Clerk, on the unanimously approved motion of
Councilman Evans, seconded by Councilman Yamamoto:
WELL ORDINANCE NS-1219 ENFORCEMENT
Between the City and the County of
Orange. (A-74-59)
ORDINANCE NO. NS-1233
FINGERPRINTING
seconded by Councilman Evans,
vote by Councilman Markel:
The following ordinance
was placed on first
reading on motion of
Councilman Yamamoto,
and carried with dissenting
ORDINANCE NO. NS-1233 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING
SECTION 10-42 OF THE SANTA ANA MUNICIPAL CODE
PERTAINING TO FEES FOR FINGERPRINTING. (CA 47)
ORDINANCE NO. NS-1234 The following Ordinance
ONE-WAY STREET was placed on first
POINSETTIA reading on the unani-
mously approved motion
of Councilman Evans, seconded by Councilman Yamamoto:
ORDINANCE NO. NS-1234 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING
SECTION 36-193 OF THE SANTA ANA MUNICIPAL CODE
TO PROVIDE FOR A ONE-WAY STREET SOUTHBOUND ON
POINSETTIA STREET BETWEEN WASHINGTON AVENUE
AND 14TH STREET. (CA 18.4)
RESOLUTION NO.
LEAD TRACKS
ACROSS EDINGER
74-121
Yamamoto, and unanimously carried:
The following Resolution
was adopted on motion of
Councilman Evans,
seconded by Councilman
RESOLUTION NO. 74-121 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA GRANTING
TO THE ATCHISON, TOPEKA & SANTA FE RAILROAD
COMPANY, A CORPORATION, ITS SUCCESSORS AND
ASSIGNS, A PERMIT TO CONSTRUCT, MAINTAIN AND
CITY COUNCIL MINUTES
329
SEPTEMBER 9, 1974
OPERATE LEAD TRACKS ACROSS EDINGER AVENUE, WEST
OF RITCHEY STREET IN THE CITY OF SANTA. (CA 29.12)
RESOLUTION NO. 74-136
APPEAL NO. 341; EX 74-17
HERMAN JOHNSON
Councilman Ward, and carried
by Councilman Evans and Mayor
The following resolu-
tion was adopted on
motion of Councilman
Yamamoto, seconded by
(5-2), with dissenting votes
Patterson:
RESOLUTION NO. 74-136 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA UPHOLDING
THE DECISION OF THE ZONING ADMINISTRATOR TO DENY
APPEAL #341 MINOR EXCEPTION 74-17 FILED BY
HERMAN JOHNSON. (CA 13.5)
RESOLUTION NO. 74-137 The following resolu-
VACATION OF ALLEY tion was adopted, and
BETWEEN MAIN & BUSH the Public Hearing was
set for October ?,
1974, on the unanimously approved motion of Councilman Evans,
seconded by Councilman Yamamoto, and carried:
RESOLUTION NO. 74-137 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING
MAP AND DECLARING INTENTION TO VACATE A PORTION
OF AN ALLEY LOCATED BETWEEN MAIN AND BUSH
STREETS, SOUTH OF 12TH STREET, AND RESERVING AN
EASEMENT FOR UTILITY PURPOSES. (CA 14)
RESOLUTION NO. 74-138 The following resolu-
BIKE LANES tion was adopted on
LINCOLN AVENUE motion of Councilman
Yamamoto, seconded by
Councilman Ward and carried, with dissenting vote by Council-
man Evans:
RESOLUTION NO. 74-138 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA RESTRICTING
PARKING ON CERTAIN AREAS OF LINCOLN AVENUE.
(CA 18.6)
RESOLUTION NO. 74-139
OCTOBER - UNITED WAY MONTH
seconded by Councilman Garthe:
The following resolu-
tion was unanimously
adopted on motion of
Councilman Evans,
RESOLUTION NO. 74-139 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA PROCLAIMING
THE MONTH OF OCTOBER AS UNITED WAY MONTH. (CA 46)
RESOLUTION NO. 74-144
CLASS TITLE
FIRE DIVISION COMMANDER
motion of Councilman Evans,
and unanimously carried.
Consideration of
Resolution No. 74-144
was deferred to later
in the meeting, on
seconded by Councilman Garthe,
RESOLUTION NO. 74-145
VACATION OF EASEMENT
COLUMBINE & SHERWOOD
1974, on motion of Councilman Evans,
The following resolu-
tion was adopted, and
the Public Hearing
was set for October 7,
seconded by Councilman
CITY COUNCIL MINUTES 330 SEPTEMBER 9, 1974
Markel and unanimously carried:
RESOLUTION NO. 74-145 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING
MAP AND DECLARING INTENTION TO ABANDON A
TWENTY-FOOT EASEMENT LOCATED BETWEEN COLUMBINE
STREET AND SHERWOOD STREET. (CA 14)
RESOLUTION NO. 74~146 The following resolu-
APPLICATION FOR GRANT tion was adopted on
PARAPROFESSIONAL RESPONSE TEAM motion of Councilman
Evans, seconded by
Councilman Yamamoto, and unanimously carried:
RESOLUTION NO. 74-146 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING
APPLICATION FOR GRANT FUNDS TO THE U.S. DEPART-
MENT OF JUSTICE TO CREATE A PARAPROFESSIONAL
RESPONSE TEAM, AND AUTHORIZING THE CHIEF OF
POLICE OF THE CITY OF SANTA ANA TO SIGN AND
DELIVER THE APPLICATION. (CA 140.19; CA 47; CA 64)
REQUEST FOR ZONING The letter received
COOPERATION BETWEEN CITY August 30, 1974, from
& CITY OF COSTA MESA Kathleen Marie Linn,
requesting adoption of
a resolution proposing mutual agreement between Santa Ana and
the City of Costa Mesa, regarding rezoning of property in
Costa Mesa immediately south of the Santa Aha South Coast
Shores development, located on the north side of Wakeham,
westerly of Bear, was referred to Staff on motion of Council-
man Evans, seconded by Councilman Yamamoto, and carried.
The motion included an amendment by Councilman Griset,
seconded by Councilman Evans, and unanimously carried, which
directed Mayor Patterson to forward a letter to the City
Council of Costa Mesa expressing concern with the density
of the proposed re-zoning and the sufficiency of the
Environmental Impact Report. (CA 10.2)
PROPOSAL FOR BONUS The report dated
TO PROPERTY OWNERS FOR August 30, 1974, from
REDUCTION IN PARKING the Director of Plan-
ning, referring to
Councilman Ward's memorandum regarding parking reduction
incentives, was received by Council. On motion of Councilman
Ward, seconded by Councilman Evans, and unanimously carried,
Council approved Staff recommendation that:
(i)
The parking program within the Redevelopment
Project Area be developed before Staff considers
the City as a whole. It is timely to impact
this plan, particularly when the consultants
are in the regulation draft portion of the
study, and we are considering the magnitude
of the multimodal facility;
Staff continue developing parking programs
for other zones as is being done for the
industrial area;
(3)
As E.P.A. develops more specific criteria for
evaluating projects involving parking facilities
of 250 spaces or more, Staff should consider
these criteria when developing new parking
requirements. (CA 18.7)
CITY COUNCIL MINUTES 331 SEPTEMBER 9, 1974
INTERGOVERNMENTAL COORDINATING The letter dated
COUNCIL - RESOLUTION SERVICES August 22, 1974, from
ICC of Orange County,
explaining proposed
Resolution Services to Orange County cities was discussed
by Council. A motion by Councilman Evans to authorize City
participation in the program was seconded by Councilman
Yamamoto. (CA 112.13 (b))
A substitute motion,
by Councilman Evans,
unanimously.
to refer to Staff for more input, made
and seconded by Councilman Ward, carried
PARKS & RECREATION The Memorandum dated
RECOMMENDATIONS September 6, 1974,
from Councilman Ward
suggesting discussion
subjects for the joint meeting with the Board of Recreation
and Parks, was received and ordered filed by Council on the
unanimously approved motion of Councilman Evans, seconded by
Councilman Garthe. (CA $2)
SUMMARY OF The bi-monthly report
COUNCIL REFERRALS of pending action items,
referred to Staff by
Council was received
and ordered filed on motion of Councilman Evans, seconded
by Councilman Yamamoto, and unanimously carried. (CA 80.2)
FIRE HAZARDS IN The report dated
MINI-WAREHOUSES August 22, 1974, from
the City Manager
transmitting reports
from the Fire Department and Building Safety Department
regarding fire hazards in mini-warehouses, was received and
ordered filed on motion of Councilman Yamamoto, seconded by
Councilman Evans, and unanimously carried. The Manager stated
that Code amendments regulating mini-warehouses were in pro-
cess by the Planning Commission. (CA 10.5, 64)
IMPROVEMENT OF CHANNEL F-02 The report dated August
FROM MAC ARTHUR BOULEVARD 30, 1974, from the
TO ALTON AVENUE Director of Public
Works, with enclosures
from the Orange County Flood Control District regarding
improvement of Channel F-02 from MacArthur Boulevard to Alton
Avenue was received by Council. Council approved the plans
and special provisions for the improvement of Santa Aha
Gardens Channel (F-02) from MacArthur Boulevard to Alton
Avenue on motion of Councilman Evans, seconded by Councilman
Yamamoto, and unanimously carried. (CA 53, 70)
RATE ADJUSTMENT The report dated Septem-
REFUSE COLLECTION ber 4, 1974, from the
Director of Public Works,
pertaining to a rate
increase for refuse collection was received by Council and
set for public hearing on September 16, 1974, on motion of
Councilman Garthe, seconded by Councilman Yamamoto, and
unanimously carried.
CITY COUNCIL MINUTES 332 SEPTEMBER 9, 1974
Councilman Markel stated that he had received a number of
letters from residents of "Bradford Place" Condominiums,
objecting to the use of "dumpsters" for their trash collec-
tion as unhealthy and unsanitary. He requested information
from Staff regarding the residents' request that individual
pickup service be maintained.
Councilman Evans stated that he had been told that SCA, the
City's trash collection contractor, was having difficulty
providing bins for commercial businesses and apartments.
He requested Staff clarification of the statement. (CA 11.1)
MANPOWER PROGRAM The City Manager's
report dated September
3, 1974, describing
the City's Manpower
Program which has been approved by the Orange County Manpower
Commission, in the amount of $1,479,000, for submittal to the
U.S. Department of Labor under Title I of the Comprehensive
Employment and Training Act (CETA), was received and filed
on the unanimously approved motion of Councilman Evans,
seconded by Councilman Yamamoto. (CA 131.11)
PARAMEDIC SERVICE The report dated
September 3, 1974,
from the City Manager,
pertaining to the
need for additional Paramedic Service was considered by
Council. Council agreed to appoint a small citizens advi-
sory committee to make recommendations on improvements in
the paramedic service and report back to Council with a
preliminary report within sixty days, and a final report
complete with recommendations within ninety days, on motion
of Councilman Evans, seconded by Councilman Yamamoto, and
unanimously carried. (CA 64. ~
AMPHITHEATER FOR THE Mr. Harvey Kresky, 219
PERFORMING ARTS, INC. East Balboa Boulevard,
Newport Beach commented
on the "Amphitheater
for the Performing Arts, Incorporated". His proposal is to
present various kinds of attractions and artists from popular
music to classical, also, musical plays and possibly a
Shakespearean festival in the Santa Ana Stadium. He answered
questions asked by members of Council about such things as
noise, concessions, financial arrangements, kinds of music to
be presented, and the artists presenting it.
Councilman Garthe's motion, seconded by Councilman Evans, to
approve the proposal in principle and to authorize Staff to
negotiate an agreement for Board of Recreation and Parks and
Council approval, was unanimously carried. (CA 52.8)
ORAL COMMUNICATION Mrs. Jeannette Bean,
BOWERS MUSEUM BOARD member of the Bowers
Museum Board, requested
that Council equally
share the cost of the purchase of capital equipment needs
of the Museum as set forth in a report dated September 4,
1974, from the Museum Director to the City Manager. She
stated that the total estimated cost was $14,050; that the
City's share would be $7,025; and that the purchases should
be acquired in time for the September 21 preview opening
of the new wing at the Museum.
CITY COUNCIL MINUTES 333 SEPTEMBER 9, 1974
Councilman Markel's motion to appropriate $7,025 for purchase
of the items, providing funds are available, was seconded
by Councilman Yamamoto and carried, with Mayor Patterson
dissenting.
Councilman Griset's motion to reconsider the action taken,
seconded by Mayor Patterson, failed on the following roll
call vote:
AYES: Griset, Patterson, Evans
NOES: Ward, Yamamoto, Garthe, Markel
ABSENT: None
The City Manager stated that he would attempt to submit a
proposal to implement the motion and present it for Council
approval prior to adjournment of the meeting. (CA 85, 65.3)
RESOLUTION NO. 74-144
CLASS TITLE CHANGE
ASSISTANT FIRE CHIEF TO
FIRE DIVISION COMMANDER
Class Specifications for
The report dated
September 3, 1974,
from the Director
of Personnel, Resolu-
tion No. 74-144, and
Fire Division Commander, were
considered by Council. Councilman Evans' motion, to refer
to Staff for more information regarding duties and respon-
sibilities of the proposed position, was seconded by Council-
man Yamamoto, and unanimously carried. (CA 50.1, 64)
CHANGE OF
MEETING DATE
Regular Meeting of October 21,
on motion of Councilman Markel,
moro, and unanimously carried.
Due to a conflict
in a previously
scheduled conference,
Council advanced the
1974, to October 14, 1974,
seconded by Councilman Yama-
(CA 80.4)
EXECUTIVE SESSION At 4:50 P.M. Council
RECESS recessed for Executive
Session to consider
legal and personnel
matters. At 5:20 P.M., the meeting reconvened with the same
Councilmen present, and immediately recessed for dinner at
the Saddleback Inn Westwinds Room with members of the Board
of Recreation and Parks.
INVOCATION Council reconvened at
PLEDGE OF ALLEGIANCE 7:45 P.M. with all
Councilmen present.
After the Pledge of
Allegiance to the Flag, Rabbi Frank Stern, Temple Beth
Sholom of Orange County, gave the Invocation. (CA 80.17)
CITY COUNCIL MINUTES 334 ,5 SEPTEMBER 9, 1974
COMMUNITY SPOTLIGHT Mr. Thomas Flynn,
SANTA ANA-TUSTIN COMMUNITY President of the Santa
TRUSTEES OF SOUTHERN Ana Board of Trustees
ORANGE COUNTY UNITED WAY of the Southern Orange
County United Way,
expressed his gratitude to City employees as well as the
citizens of Santa Ana for contributions to the United Way.
He told of activities in the community sponsored by the
United Way and stated that the Spotlight was very appropriate
in that it celebrated the 50th anniversary of the Community
Chest - United Way, which had its beginning in Santa Ana in
1924. He stated that September 19 was the kickoff date for
the 1974-75 Campaign and that their goal is to raise
$3,100,000.
Mayor Patterson read Resolution No. 74-139, which was
approved at the afternoon meeting, and presented Mr. Flynn
with a City Seal tile plaque honoring the United Way for
outstanding community service. (CA 9.3)
PROCLAMATION Mr. Jack Mowers, Rotary
S~uNTA ANA ROTARY CLUB NORTH Club of Santa Aha North,
was presented with a
Proclamation by the
Mayor honoring the organization for its many philanthropic
works and proclaiming September 10, 1974, as "Rotary Day in
Santa Ana". (CA 46)
FIVE-YEAR PIN TO Mrs. Florence I. Malone,
CLERK OF THE COUNCIL Clerk of the Council,
was honored by the
Council and presented
with a five-year service pin by the Mayor. (CA 75)
PUBLIC HEARING The Public Hearing to
VACATION - ALLEY BETWEEN consider Vacation of
CENTRAL AVE. & HEMLOCK WAY Alley between Central
MERCY GENERAL HOSPITAL Avenue and Hemlock
Way was continued to
September 16, 1974, at the request of Staff, on motion of
Councilman Yamamoto, seconded by Councilman Garthe, and
unanimously carried. (CA 14)
PUBLIC HEARING The Public Hearing to
INCP, EASED WATER MAIN & consider increased
SERVICE INSTALLATION FEES water main and service
installation fees, and
water rates was opened by the Mayor. Staff orally reviewed
the report dated August 8, 1974, from the Director of Public
Works recommending approval.
The Clerk reported there were no communications. There were
no opponents or proponents, and the Mayor closed the Public
Hearing.
Councilman Griset expressed his concern with the equity of
the City's charge to the owner of a corner lot for water
service connection based on the front footage of each lot.
He stated that under the present resolution the property
owner pays for front foot and side yard footage on the same
basis. He requested an explanation from the Director of
Public Works.
CITY COUNCIL MINUTES 335 SEPTEMBER 9, 1974
Following some discussion on the matter, Mayor Patterson
requested the Director of Public Works to provide Council
with a report at its first meeting in October.
The following Resolution was adopted unanimously on motion
of Councilman Garthe, seconded by Councilman Evans:
RESOLUTION NO. 74-140 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA FIXING CHARGES
FOR THE INSTALLATION OF NEW WATER MAINS AND FRONT
FOOTAGE CHARGES FOR CONNECTION TO EXISTING WATER
MAINS FOR WHICH NO PAYMENT HAS PREVIOUSLY BEEN
MADE AND RESCINDING RESOLUTION 70-29. (CA 12.2)
The following Resolution was adopted unanimously on motion
of Councilman Yamamoto, seconded by Councilman Garthe:
RESOLUTION NO. 74-141 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA FIXING CHARGES
FOR WATER SERVICE INSTALLATION AND RESCINDING RESOLU-
TION 70-30. (CA 12.2)
The following resolution was adopted unanimously on motion
of Councilman Garthe, seconded by Councilman Yamamoto:
RESOLUTION NO. 74-142 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA FIXING WATER
RATES AND STAND-BY SERVICE CHARGES AND RESCIND-
ING RESOLUTION 73-117. (CA 12.2)
AGENDA ORDER
of order.
By unanimous informal
consent, Council con-
sidered Item 87 on
the public Agenda out
BOWERS MUSEUM The letter dated
BLACK EXHIBIT August 27, 1974,
AND MUSICAL from Harriet Tyler,
President, and Lucile
Lynem, Spokesman, for the "Interested Citizens of Santa
Ana", a group of Black women organized to bring to Santa
Ana and Orange County Black culture exhibits and musicals
in conjunction with "Black History Week", was received by
Council.
The Mayor recognized Mrs. Lynem, who stated that their
organization had discussed with Bowers Museum personnel
and made plans for an exhibit and musical at the Museum
during the month of February, 1975; and that subsequently
she had been advised that the Museum would not be available
for that purpose. She added that in 1971, their plans had
received similar treatment.
Mrs. Harriet Tyler, 312 North Forest, stated that she and
members of the group thought they were getting the run-
around; that they only request space and time at the Museum
one month out of the year; and that there is a definite need
for contributions from all cultures in the City. She
requested that Council resolve the issue.
Mrs. Ann Douglas, 1252 East McFadden concurred with Mrs.
Tyler's remarks.
Councilman Ward's motion, seconded by Councilman Griset, to
refer the matter to Staff for report and recommendation to
the Council on September 16, was unanimously carried. (CA 85)
CITY COUNCIL MINUTES 336 SEPTEMBER 9, 1974
ORAL COMMUNICATION Mr. Dale Elsberry,
VEHICLE ABATEMENT Attorney, 12550
Brookhurst, Garden
Grove, representing
Mr. Ginger Nerison, 1008 North Jackson, stated that Mr.
Nerison's automobile, a 1955 De Soto, considered more or
less a classic, had been removed from his residence property
following its citation as an inoperable vehicle; that Mr.
Nerison had been in the process of re-building it and await-
ing parts; and that it had been taken to a wrecking yard
where some damage had been done. He requested Council
assistance to forestall wreckage and to restore certain parts
which had been removed by the wrecking company.
Mr. Nerison stated that his car had been parked in front
his garage, in his driveway, on his property and had been
licensed for 1974.
Staff was instructed to initiate the necessary contacts to
prevent further damage to the automobile pending its report
and recommendation to Council at the September 16 meeting, on
the unanimously approved motion of Councilman Garthe, seconded
by Councilman Yamamoto. (CA 11.3)
PUBLIC HEARING At 8:50 P. M., the
APPEAL FROM BUILDING Mayor announced that
CODE REQUIREMENTS this was the time
and place for the
Public Hearing to consider the Appeal dated August 15, 1974,
from Robert Battin and Larry Kirk from the findings and
determinations made by the City Staff concerning the con-
ditions and the occupancy of 825 North Ross Street, Santa
Ana; that the petitioners are the owners of 825 North Ross
Street, and wish to use the property as a law office and a
residence; that the City staff has determined that the use
of the premises prior to ownership by the petitioners was
residential; that the staff has determined the new use--a
law office--is not less hazardous than its former use;
that the City staff, in applying the Uniform Building Code,
has found that the structure is of such nature that it
cannot be lawfully converted to the new use; and that the
City staff has found that a number of other violations
exist at the property irrespective of use.
He further stated that the property owners, by letter
dated August 15, 1974, have appealed the decision of the
Director of Building Safety, set forth in his letter
dated May 29, 1974, to the property owners, and are re-
questing relief from the requirements for improvements of
the property.
The issues were presented by Mayor Patterson as follows:
Is the proposed use in fact less hazardous
than the former use, as is contended by the
property owners?
Do the Code violations, as cited in the letter
dated May 29, 1974, from the Director of
Building Safety, currently exist?
Mr. Lawrence Kirk, appellant, stated that the question is
whether or not the use of the property as a law office is
less hazardous than its use as a residential premises or
boarding house use, which it had been previously. He
maintained that the present law office use is less hazard-
ous because cooking facilities have been completely
CITY COUNCIL MINUTES
337 SEPTEMBER 9, 1974
eliminated; there are fewer bedroom and living areas,
no children, and no home appliances which could be con-
sidered fire hazards. He conceded that Mr. Battin did
use one of the upstairs rooms as a bedroom but otherwise
the property was maintained as a law office. He des-
cribed the improvements which had already been made to
the property and stated that the chances for fire in a
building used as a law office are far less than one used
for residential purposes.
Mr. Robert Battin reviewed his letter to the City Council,
dated September 6, 1974, which included an affidavit from
the previous owner that the premises had been used as a
boarding house for approximately 50 years, and a letter
from County Fire Warden C. M. Downs, who concluded that
daytime use would be less hazardous than continued use as
a boarding house.
Mr. Wendell Bril, Director of Building Safety, responded
to questioning by the Deputy City Attorney Robert Sangster
regarding his expertise in the building field and the
condition of the subject property.
Mr. Kirk stated that he would be willing to correct the
violations stated in paragraphs h, i, k, 1, m, and n
contained in the Director's letter of May 29, 1974, and
agreed that they did exist.
The said violations listed in Mr. Bril's letter dated
May 29, 1974, are:
Flexible cord wiring has been unlawfully in-
stalled in many places throughout the struc-
ture creating potentially hazardous con-
ditions. (Sections 400-3 and 400-4, National
Electrical Code.)
When any building or structure, or portion
thereof, is placed in a different occupancy
classification, those portions directly
affected by such occupancy change shall be
wired in compliance with the provisions of
this code. (Section 8-756, Santa Ana Muni-
cipal Code). Non-metallic sheathed cable
shall not be used for exposed wiring and
shall only be used for concealed wiring on
single family or duplex dwellings (Section
8-940, Santa Ana Municipal Code). Exposed
and concealed non-metallic sheathed cable is
now in use throughout the structure in viola-
tion of these aforementioned provisions.
Two drainage openings in the building and one
in the rear yard are open permitting the
emission of sewer fumes and the uncontrolled
entry of foreign material or rodents. Such
openings must be capped in an approved manner.
(Section 314 (c), Uniform Plumbing Code).
Five heating appliances have been installed
without permits and inspection. Section 301
of the Uniform Mechanical Code provides that
no person shall install any heating equipment
unless a permit has been obtained. The heat-
ing appliances installed in "bedrooms" are
unlawful and hazardous in that they burn the
oxygen from the room in quantities not permitted
by the Mechanical Code.
CITY COUNCIL MINUTES 338 SEPTEMBER 9, 1974
mt
The venting system for the water heater
in the basement is located too close to
combustible materials. (Section 1316,
Uniform Plumbing Code).
no
Several gas outlets from which appliances
have been removed throughout the structure
are not capped in accordance with Section
1209 (d), Uniform Plumbing Code.
Mr. Battin objected to each of the items h, i, k, 1,
and n, on the basis that they were not specific and
were "vague allegations" and stated that he had the
right to know the exact nature of the deficiencies.
Mr. Bril responded that he thought the conditions had
been amply described and discussed with the appellants,
but that he would provide further details upon request.
The following documents were received and filed on the
unanimously carried motion of Councilman Yamamoto, seconded
by Councilman Markel:
o Letter dated May 29, 1974, from the Building
Director to Messrs. Battin and Kirk.
o "City's Opening Statement" dated September 6,
1974, from the City Attorney's Office.
o Letter from Lawrence Kirk regarding property
at 825 North Ross.
o Letter dated September 6, 1974, from Robert
Battin to the City Council.
The public hearing was closed by the Mayor.
RECESS
with all Councilmen present.
At 9:30 P. M., a
recess was called.
The meeting recon-
vened at 9:45 P. M.
Councilman Griset's motion, seconded by Councilman Yamamoto,
to overrule the decision of the staff and to make a finding
that the proposed law office use is less hazardous, based
on life and fire risk, than the existing use, carried, with
Councilmen Garthe and Markel dissenting.
The motion further provided that the finding was based on
the proposed use as a law office, and that the finding be
conditioned on the following:
(i)
Correction of violations listed in paragraphs
h, i, k, 1, m, and n, in Mr. Bril's letter
dated May 29, 1974, to Messrs. Battin and
Kirk, within a reasonable period of time.
(2) Use be limited to a maximum occupant load
of ten.
(3) Use be limited to a law office with no resi-
dential use.
(4)
Maximum combustible loading of 10 pounds per
square foot of floor space; and no flammable
or explosive materials shall be stored in the
building.
CITY COUNCIL MINUTES 339 SEPTEMBER 9, 1974
(s)
That assigns or subsequent owners shall
also be bound by the foregoing property
use and restrictions.
An amendment to the previous motion suggested by Council-
man Ward, limiting future additions and remodeling and
requiring removal or relocation of the building within 15
years, died for lack of a second.
(CA 87.1)
RECESS
present.
At 10:35 P. M., the
meeting recessed and
at 10:42 reconvened
with all Councilmen
PUBLIC HEARING Mayor Patterson an-
ORDINANCE NS-1210 nounced that this was
BILLBOARD SIGN AMORTIZATION the time and place
for the public hearing
to consider the adoption of Ordinance NS-1210, pertaining
to amortization of nonconforming signs, and he opened the
hearing.
The Planning Director reported that the Planning Commission
had conducted its hearing on the proposed Zoning Code Amend-
ment and on April 17, 1974, had adopted its Resolution
6051, recommending adoption of Ordinance NS-1210 by the
City Council. Council received the Planning Director's
report on the matter dated September 5, 1974.
A slide presentation of existing billboards in various
areas of the City was made with commentary by Bill Dougherty,
Senior Planner.
Council received copies of a letter dated September 4,
1974, from Mrs. Weston Walker, 919 North Olive Street,
urging adoption of the Ordinance, because it will help
to keep the City's identity as a beautiful city.
The following persons spoke in opposition to the proposed
ordinance:
Mr. Robert F. Reid, representing Foster and
Kleiser, 1550 West Washington Boulevard,
Los Angeles;
Mr. Joe Blackstock, Research Director,
Foster and Kleiser;
Mr. Jay Kingry, representing Pacific
Outdoor Advertising, 1740 Narva Street,
Los Angeles.
Mr. Blackstock made a slide presentation of present and
past examples of billboards, with commentary regarding
the effectiveness of billboard advertising.
The opponents stated that billboards are the lowest-
cost, major advertising medium; that they represent
less than one percent of the total signing in the city;
that if all the billboards (23) in the city were removed,
Foster and Kleiser and Pacific Outdoor Advertising,
CITY COUNCIL MINUTES 340 SEPTEMBER 9, 1974
combined, would lose $84,000 revenue; that 20 percent of
the $84,000 loss would be sustained by the property owners
who lease their properties for sign use.
The opponents further stated that the Conditional Use Per-
mit requirement is totally objectionable because of addi-
tional requirements that may be imposed on the applicant.
They suggested that instead of the CUP, Council designate
an individual, or City Department, that would be res-
ponsible for processing and approving any new billboard
sign application; that if the applicant disagreed, he
would have the right of appeal to the City Council; that
this is the procedure that the City of Long Beach follows
and it is a reasonable one; that, in effect, the CUP
requirement would prohibit any future billboards because
of the cost factor of the Environmental Impact Report
requirement.
The opponents also requested that Section 41-619.55 (b)
should read: "No new off-premise advertising sign or
sign structure may be erected within five hundred feet
(500') of an existing ...... "
The following were proponents of the ordinance:
Mr. Ralph Allen, 2127 North Flower Street;
Mrs. Weston Walker, 919 North Olive Street,
representing the President of LET'S IM-
PROVE SANTA ANA, Mrs. Imo Randall.
The proponents stated that the time to effect sign control
is now, that it is a very important part of a clean en-
vironment and urged Council action on the ordinance; and
that the number of billboards should be curtailed to be
consistent with the City's Redevelopment Program.
There were no other proponents
closed the public hearing.
RECESS
all Councilmen present.
or opponents, and the Mayor
A recess was called
at 12:00 midnight.
Council reconvened
at 12:10 A. M., with
The recommendation of the Planning Department and Planning
Commission was approved and the following ordinance was
placed on second reading and adopted on motion of Council-
man Griset, seconded by Councilman Ward:
ORDINANCE NO. NS-1210 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA PERTAINING TO NONCONFORMING
SIGNS, AMENDING SECTIONS 41-619.13 AND 41-619.55 OF THE
SANTA ANA MUNICIPAL CODE AND ADDING SECTIONS 41-619.14,
41-619.15, 41-619.16 AND 41-619.17 TO THE SANTA ANA
MUNICIPAL CODE.
The motion carried on the following roll call vote,
after Councilman Markel departed the dais at 12:15 A. M.:
AYES: Griset, Ward, Patterson, Garthe
NOES: Evans, Yamamoto
ABSENT: Markel
CITY COUNCIL MINUTES 341 SEPTEMBER 9, 1974
Prior to the vote on the motion, during Council dis-
cussion, Councilman Markel stated that he receives
revenue from a billboard sign located on property he
owns in the city. The Assistant City Attorney ruled
that this fact did not constitute a conflict of
interest and that the Councilman could vote in the
matter.
Councilman Evans' motion to delete the CUP provision
from the Ordinance and to delegate the approval of
sign applications to staff with the right of appeal
to Council, died for lack of a second.
(CA 34)
VARIANCE NO. 72-42 The City Clerk, on
MARTIN TREVINO behalf of Mrs.
Martin Trevino,
stated that two
years ago the Planning Commission had approved her Vari-
ance Application to move rental units onto 918 North
Bcwley; that the Variance approval has expired and she
is requesting a 60-day continuance to facilitate moving
eleven units onto the property instead of the eight
originally requested and approved in the Variance.
The matter was referred
mendation to the Council
ber 16, 1974.
to Staff for report and recom-
at its next meeting, Septem-
(CA 13)
BOWERS MUSEUM In response to the
City Manager's
recommendation,
Council authorized
the transfer of $7,025.00 from Council Contingency Account
11-000 to Museum Capital Account 51-221 and directed the
City Attorney to prepare an agreement to provide for the
transfer of the $7,025.00 to the Bowers Museum Foundation
Board, as matching funds, to be used for the purchases
stipulated in the Museum Director's memo to the City
Manager, dated September 4, 1974, and requested that the
agreement be submitted to Council for approval at its
next meeting, September 16, 1974, on motion of Councilman
Markel, seconded by Councilman Yamamoto, and carried,
with dissenting votes by Councilmen Griset, Evans, and
Mayor Patterson.
(CA 85 ; CA 65.3)
ADJOURNMENT
Councilman Evans,
Council adjourned
at 12:30 A. M., on
the unanimously
approved motion of
seconded by Councilman Yamamoto.
Clerk of the Council
CITY COUNCIL MEETING 342 SEPTEMBER 9, 1974