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HomeMy WebLinkAbout11-18-1974MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA November 18, 1974 The Regular Meeting of the City Council was called to order by Mayor Jerry M. Patterson at 2:05 P.M. in the Council Chambers of the City Hall, 22 Civic Center Plaza, with the following Councilmen present: J. Ogden Markel, John Garthe, Harry K. Yamamoto, Vernon S. Evans, James E. Ward, Lorin Griset and Mayor Jerry M. Patterson. Also present were City Manager Bruce C. Spragg, City Attorney James A. Withers, Senior Planner William Daugherty, Director of Public Works Ronald Wolford, Assistant to City Manager - Redevelopment Richard Goblirsch, Police Chief Raymond Davis, and Clerk of the Council Florence I. Malone. INVOCATION PLEDGE OF ALLEGIANCE (CA 80.17) Following the Pledge of Allegiance to the Flag, Councilman Ward gave the Invocation. MINUTES Councilman Markel stated his displeasure with the fact that the Minutes of the November 4 meeting of the City Council had not been prepared in time for Council consideration at this meeting. The Clerk stated that they would be ready for presentation to Council at its next meeting. CONSENT CALENDAR The following Agenda items were removed from the Consent Calendar: Items 2 A and 2 B requested by Staff; Items 3 A and 9 A requested by Councilman Ward; Items 8 A and 14 requested by Councilman Markel. Council- man Yamamoto requested that his NO vote be recorded for Items 5 C, 5 D, 5 E and 5 F, which were not removed from the Consent Calendar. On motion of Councilman Griset, seconded hy Councilman Evans., and unanimously carried, Council affirmed tke recommended action on the following Consent Calendar items: BID CALLS ment for bids on the following: Approved plans and specificat}ons and autko~izod advertiser SPEC. 74-034 - One 1,000 GVWR CaB & Ckass~s. SPEC. SPEC. 74-035 - Two 18,000 ~VWR CaB & Ckassis. 74-036 - Two 20,000 GVWK CaB & Chassis. (CA 89) AGREEMENTS Mayor and Clerk; and deleted Summary: Approved tko foll~w~ng agreements and autk~r~zed their execution By the Item No. 153 from the Referral CITY COUNCIL MINUTES 419 NOVEMBER 18, 1974 PROJECT 1344 DEDICATION OF RIGHT OF WAY Between the City and members of the Seger- strom Family for the construction of Mac Arthur Boulevard, Greenville to Bear Streets. (A-74-80) SANTA ANA STADIUM RENTAL, Council Referral Item No. 153, September 9, 1974 - Agreement and adden- dum between the City and Amphitheatre for the Per- forming Arts, Inc., for artists' performances. (A-74-81) TRAFFIC installed October (CA 18.3a) Received and ordered filed report of control devices removed or 29 through November 12, 1974, inclusive. ALCOHOLIC BEVERAGE LICENSE APPLICATIONS License Applications: Received and ordered filed the following Alcoholic Beverage BENT, Robert H., William M., 1314 North Grand Avenue. Person to Person Transfer Annual "21" Off Sale General. BARNES, James C., 1631 South Standard. Original Renewal Annual Fee "41" On Sale Beer & Wine (Bona Fide Public Eating Place). BELTRAN, Ceasar, 601 East St. Andrews Place. Original - "21" Off Sale General. The City Attorney was instructed to file a letter of pre- test with the Alcoholic Beverage Control Board en the following application because the pre~i~e~ are located in the M 1 Zone and are ~ubject to the Conditional Use Permit procedure: NORTON, Richards L., 3121 Soutk Main Street, Original - Off Sale Beer & Wine Type "20u. (CA 146) VARIANCE & MINOR EXCEPTION ation, respectively, and Findings ing: Received and ordered filed the Negative Declaration and Determin~ of Fact, on the fellow- VA 74-37 FAIRFIELD HOMES INC., 2200 N. Broad- way - To allow offstreet parking in the R 1 zone in conjunction with an office building in the P Zone. APPROVED. (CA 13] EX 74-28 TOWN CENTER PLAZA, 525 Nortk CaB~illo Park Drive - To exceed the maximum permitted height for an office building in tie LP Zene. APPROVED. (CA 13.2) PUBLIC PROPERTY Approved the following USE Application for Use of Public Property, subject to Municipal Code and administrative requirements: CHRISTMAS DECORATIONS ACROSS SOUTH MAIN STREET - Filed by South Main Improvement Association for November 2S to January 10, 197S. (CA 4S.1) CITY COUNCIL MINUTES 420 NOVEMBER 18, 1974 DEED WITH CASH Approved the following GRANTEE, CITY deed and authorized Mayor and Clerk to sign all necessary documents in connection with the purchase: GIN GOR JU AND LUM SENG MIE, West side of Main Street, north of 20th Street; Bowers Museum Improvement (Project P-8055). (CA 155) CHANGE ORDER Approved the following Change Order: PROJECT 6092 Construct Irrigation Systems in Flower Street Median and in Fisher Park; Change Order No. 1, increasing in the amount of $280.00. (CA 89) PROCLAMATION issued by the Mayor: Received and ordered filed report of the following Proclamation WORLD PLAN WEEK - November 10 - 16, 1974. (CA 46) * * * * * * * * CONSENT CALENDAR FINIS * * * * * * * * BID AWARD The bid award for Specifi- SPEC. 74-020 cation 74-020, Burglary BURGLARY DATA SYSTEM Data System was continued to the Council meeting scheduled for December 9, 1974, on the unanimously approved motion of Councilman Ward, seconded by Councilman Evans. (CA 89) BID AWARD The bid award for Project PROJECT 6087 A & 6087A and Project 6090A PROJECT 6090 A was continued to the Council meeting ~cheduled for December 9, 1974, on the unanimously approved motion of Councilman Ward, seconded by Councilman Evans. CCA ENCROACHMENT AGREEMENT On the unanimouslM WORLD OIL COMPANY carried motion of SIGN Councilman Evans, seconded by C~uncilman Garthe, Council approved and authorized the Mayer and Clerk to execute the following agreement: ENCROACHMENT REMOVAL - Between the City and the World Oil Company to construct a sign at 2040 South Bristol Street. (A-74-79) ALCOHOLIC BEVERAGE Council received and LICENSE APPLICATIONS ordered filed the follow- ing Alcoholic Beverage License Applications on motion of Councilman Griset, seconded by Councilman Evans and carried with Councilman Yamamoto dissenting: WATT, Donald Ralph II, 208 North Main Street. Original Annual - On Sale Beer "40", CITY COUNCIL MINUTES 421 NOVEMBER 18, 1974 MEKEEL, Arnold Whitchurch, Person to Person Transfer Beer. CEJA, Jose, MORENO, Juan, Person to Person Transfer CONNOR, Beatrice M., John, Original Annual "42" On (Public Premises). (CA 146) 1215-A East Pomona. - Type "40" On Sale 105 North Broadway. - On Sale Beer. 2545 West McFadden. Sale Beer & Wine PUBLIC PROPERTY USE On the unanimously WAFFLE HOUSE carried motion of FUND RAISING Councilman Evans, seconded by Councilman Ward, Council ratified administrative approval on the follow- ing Application for Use of Public Property: RESTORATION OF WAFFLE HOUSE FUND RAISING - An Application filed by Betty Biner to close off Seventh Street between Main and Bush Streets for an Open House to be held on November 17, 1974, between 9:00 A.M. and 4:00 P.M., at the Waffle House and Church of Messiah to display antique cars and conduct a bake sale. (CA 45.1) DEEDS, NO CASH On motion of Councilman GRANTEE, CITY Evans, seconded by Councilman Griset, and carried with Councilman Ward dissenting, Council received and ordered filed report of No Cash Deeds accepted by the City Manager pursuant to Resolu- tion 69-156, from October 30 through November 12, 1974, inclu- sive. (CA 155) RIGHT OF WAY On motion of Councilman CERTIFICATION Yamamoto, seconded by PROJECT 1356, AHFP 705 Councilman Ward, and carried with Councilman Markel dissenting, Council approved the following Arterial Highway Financing Program Certification document, and authorized its execution by the Mayor and Clerk: Improvement of the South Side of McFadden Avenue from the SPRR easterly to Grand Avenue. {CA 29.6) Councilman Markel stated his opposition to the widening ef McFadden at this time because the Southern Pacific Rail~ead crossing was not included in the widening pregram. Councilman Ward expressed his concern about the traffic hazard~ on Bristol Street because of incomplete striping, and cades on the street. READING WAIVED Tke full reading of ordinances and resolutien~, the titles of which appeared on the public Agenda, was waived on the unanimously carried motion of Council- man Evans, seconded by Councilman Yamamoto. CITY COUNCIL MINUTES 422 NOVEMBER 18, 1974 ORDINANCE NO. NS-1223 The following ordinance FALSE STATEMENTS OR was placed on second REPORTS reading and adopted, on motion of Councilman Yamamoto, seconded by Councilman Garthe, and carried, with Councilman Ward dissenting: ORDINANCE NO. NS-1223 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING SECTION 10-40 TO THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE MAKING OF FALSE STATEMENTS OR REPORTS TO CITY OFFICIALS REGARDING CITY OFFICERS OR EMPLOYEES. Councilman Evans' motion, seconded by Councilman Markel, to approve the proposed affidavit form to be used by the Police Department and other City departments in connection with the ordinance, subject to deletion of that portion of the form pertaining to a polygraph test, carried on the following roll call vote: AYES: Evans, Markel, Griset, Ward, Patterson, Garthe NOES: Yamamoto ABSENT: None (CA 50; CA 47) ORDINANCE NO. NS-1235 The following ordinance UNIFORM HEARING & was placed on first read- APPEAL PROCEDURE ing, and deleted from the Council Referral Summary, on the unanimously carried motion of Councilman Evans, seconded by Councilman Markel: ORDINANCE NO. NS-1235 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING CHAPTER 3 PROVIDING FOR UNIFORM HEARING AND APPEAL PROCE- DURE AND ~MENDING VARIOUS SECTIONS OF THE SANTA ANA MUNICIPAL CODE. (CA 76) ORDINANCE NO. NS-1238 WATER MAIN CHARGES & ASSESSMENTS motion of Councilman Evans, The following ordinance was placed on second reading and adopted en the unanimously carried seconded by Councilman Yamamote: ORDINANCE NS-1238 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 39-22 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO WATER MAIN CHARGES AND ASSESSMENTS. CCA 121 CA 65] ORDINANCE NO. NS-1239 The following ordinance BUSINESS LICENSE TAXES was placed en f~st reading on tRe unani~oumly ca~ried met~on of Counc~l~ man Evans, seconded by Councilman Yamamoto: ORDINANCE NO. NS-123~ ~. AN ORDINANCE 0F T~IE CI'TY COUNCIL OF THE CITY OF SANTA ANA ADDI~ SECTION 21-73 TO THE SANTA ANA MUNI'C~PAL CODE PERTAtN~Nfl TO PAYMENT OF BUSINESS LICENSE TAXES BY .EMPL~Y~E~ AND SHAREHOLDERS OF PERSONS OR FIRMS OPERATING WITHIN THE CITY, (CA 65.6) CITY COUNCIL MINUTES 423 NOVEMBER 18, 1974 ORDINANCE NO. 1240 The following ordinance TATTOOING ESTABLISHMENTS was placed on first read- & OPERATIONS ing on the unanimously carried motion of Council- man Evans, seconded by Councilman Yamamoto: ORDINANCE NO. NS-1240 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE VIII, CONSISTING OF SECTION 18-400 THROUGH 18-420 TO CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE REGULATION OF TATTOOING ESTABLISH- ~MENTS AND OPERATIONS. (CA 91.9) ORDINANCE NO. NS-1241 The following ordinance NEWSRACKS was placed on first read- ing and deleted from the Council Referral Summary, on the unanimously carried motion of Councilman Yamamoto, seconded by Councilman Markel: ORDINANCE NO. NS-1241 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE IV CONSISTING OF SECTIONS 10-221 THROUGH 10-238 TO CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE REGULAT- ING THE INSTALLATION, USE AND MAINTENANCE OF PUBLICATION VENDING MACHINES (NEWSRACKS) ON CITY STREETS. (CA 153) The City Attorney stated that the ordinance would establish stringent standards that would prevent newsracks from blocking pedestrian access from cars to the curb; that would require certain type and form adjacent to restaurants; and that would allow a maximum of three in a grouping. He added that in the period between first and second reading, Staff would select several locations and report how precise application of the ordinance would affect them; and that copies of the ordinance would be sent to the four or five newspapers that serve the City for their reaction to it. AGENDA ORDER At the request of Mr. INTER-COUNTY AIRPORT Joseph ~ammon, Council AUTHORITY considered Agenda Item 64. The report from the City Attorney dated November 13, 1974, regarding the Air- port Feasibility Study and Proposed Joint Powers Agreement, which was continued from November 4, 19~4 meeting, w~s con- tinued to the Council meeting of December 16, as requested by Mr. Sammon, representing the Inter-County Airport Authority, on the unanimously carried motion of Counc±lman Evans, seconded by Councilman Yamamoto. [CA 98) RESOLUTION NO. 74-160 AHFP FUNDS FOR DEVELOP- MENT OF 17TH STREET Councilman Yamamoto: The followlng re~olut~on was adopted unanimously on motion of Councilman Evans, seconded by RESOLUTION NO. 74-160 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REQUESTING THE COUNTY OF ORANGE TO ALLOCATE ADDITrONAL FUNDS FROM ITS ARTERIAL HIGHWAY FINANCING PROGRAM FUND FOR THE DEVELOPMENT OF SEVENTEENTH STREET FROM SANTA ANA RIVER TO SANTIAGO STREET. CCA 29.4a] CITY COUNCIL MINUTES 424 NOVEMBER 18, 1974 RESOLUTION NO. 74-161 The following resolution CHANGE POLICE CADET TO was adopted and the revised COMMUNITY SERVICE OFFICER classification specifica- tion was approved on the unanimously carried motion of Councilman Yamamoto, seconded by Councilman Griset: RESOLUTION NO. 74-161 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 3 OF RESOLUTION NO. 58-281 TO CHANGE THE CLASS TITLE OF POLICE CADET TO COMMUNITY SERVICE OFFICER. (CA 50.1) RESOLUTION NO. 74-162 EMPLOYMENT OF SANTA ANA RESIDENTS UNDER CETA Councilman Yamamoto: The following resolution was adopted unanimously on motion of Councilman Evans, seconded by RESOLUTION NO. 74-162 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISH- ING TRANSITIONAL CLASSES AND COMPENSATION RATES FOR THE EMPLOYMENT OF UNEMPLOYED SANTA ANA RESIDENTS UNDER THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973 (CETA). (CA 50; CA 140) RESOLUTION NO. 74-163 The following resolution SECTIONAL DISTRICT MAPS recommended by the Plan- ning Commission, was adopted unanimously on motion of Councilman Evans, seconded by Councilman Yamamoto: RESOLUTION NO. 74-163 - A RESOLUTION OF THE CITY COUNCIL OF SANTA ANA AUTHORIZING THE REPRODUCTION AND REPLACEMENT OF EXISTING OFFICIAL SECTIONAL DISTRICT MAPS. (CA 78) RESOLUTION NO. 74-164 JUVENILE TREATMENT CENTER Councilman Yamamoto: The following reselution was adopted unanim®usly on motion of Councilman Evans, seconded by RESOLUTION NO. 74-164 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ENDORSING THE ASSESSMENT TREATMENT SERVICES CENTER AND ENCOURAGING THE COUNTY OF ORANGE TO PROVIDE THE NECESSARY FUNDING. (CA 112.6e) RESOLUTION NO. 74-165 FEDERAL AID FOR STREET DEVELOPMENT man Griset: The following resolution was unanimously adopted on motion of Councilman Evans, seconded by Council- RESOLUTION NO. 74-165 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE FEDERAL AID URBAN THREE YEAR (F.Y. 1973-74, 1974-75, 1975-76) PROGRAM THE DEVELOPMENT OF CERTAIN STREETS WITHIN THE CITY OF SANTA ANA. (CA 29.9) CITY COUNCIL MINUTES 425 NOVEMBER 18, 1974 RESOLUTION NO. 74-170 The following resolution ASSISTANT TO EXECUTIVE was adopted and the DIRECTOR - REDEVELOPMENT classification specifica- tion was approved on motion of Councilman Griset, seconded by Councilman Evans, and carried, with Councilman Markel dissenting: RESOLUTION NO. 74-170 ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 3 OF RESOLUTION NO. 58-281 AND ACCOUNT NO. 109-134 OF THE 1974-75 ANNUAL BUDGET TO ADD CLASS TITLE OF ASSISTANT TO THE EXECUTIVE DIRECTOR-REDEVELOPMENT AGENCY. (CA 50.1; CA 65B) FEDERAL NOISE Council referred to STANDARDS & REGULATIONS Staff for report and recommendation the Resolution of the Metropolitan Transportation Engineering Board and letter dated October 30, 1974 from Thornton Piersall, Chairman of the Executive Committee of the MTEB, recommending Council action to request the Federal Highway Administration (FHWA) to revise its standards and procedures on noise level require- ments for Federal aid system projects, on the unanimously carried motion of Councilman Evans, seconded by Councilman Griset. (CA 145.4) SANTA ANA HISTORY Council referred to ROOM IN SANTA ANA Staff for report and LIBRARY recommendation Resolu- tion No. 74-1583 of the Orange County Board of Supervisors approving the endorser ment of the Santa Ana History Room in the Santa Ana Public Library, on the unanimously carried motion of Councilman Evans, seconded by Councilman Griset. (CA 56) COASTAL ZONE CONSERVATION Council endorsed the COMMISSION TRANSPORTATION position of tko Metropoli~ ELEMENT - SOUTH COAST tan Tran~portation Engineer~ REGIONAL BASIN lng Board contained in the Board resolution and report dated October 24, 1974, recommending changes in the South Coast Regional California Coastal Zone Conservation Commission draft Transportation Element, summarized in the report from the Director of Public Works dated November 12, 1974, on motion of Councilman Griset, seconded by Councilman Ward, and carried with Councilman Yamamoto dissenting. (CA 84) YELLOW CAB On the unanimously NAME CHANGE ~ carried motion of Council= STOCK TRANSFER man ~riset, seconded by Councilman Evans, Council granted the change of name from Yellow Cab C~mpany of Santa Ana to Yellow Cab of Santa Ana, Inc. and the stock transfer, requested in letter dated October 2, 1~74 Larry Gaines, President of Yellow Cab of Santa Ana, Inc., and instructed the Clerk to issue the Certificates ~f Conyen~ence and Necessity required to reflect the change of name, ~A 26.11 AGENDA ORDER BUILDING PERMIT APPEAL DANIEL F. GORDON scheduled to be heard at 5:00 set. The Appeal filed by Dr. Daniel F. Gordon from denial of a building permit, P.M., was continued to the time CITY COUNCIL MINUTES 426 NOVEMBER 18, 1974 SANTA ANA RIVER Council referred to FLOOD PROTECTION Staff for report and AGENCY recommendation the letter dated November 8, 1974, from the Orange County Flood Control District and the proposed Joint Powers Agreement for the creation of the Santa Aha River Flood Protection Agency, on the unanimously approved motion of Councilman Evans, seconded by Councilman Griset. Prior to approval of the motion Mr. Ed Just, former Councilman of Fountain Valley, representing the Flood Control District, spoke in favor of the proposed Joint Powers Agency. He stated that the cost for each member would be $1,000 - $1,500, maxi- mum and would be equally shared; that each member would appoint one commissioner to the Agency who would serve without pay. Council discussed the pros and cons of creating another govern- mental agency. Mayor Patterson suggested that the same purpose could be achieved through the Intergovernmental Coordinating Agency, the League of California Cities or the County. (CA 53) RECESS Councilmen present. A recess was called at 3:45 P.M. and the meeting reconvened at 4:00 P.M., with all SCAG Council considered the PRELIMINARY REGIONAL letter from the Southern TRANSPORTATION PLAN California Association of Governments dated November 7, 1974, transmitting the Preliminary Regional Transportation Plan and requesting input. Staff was directed to request SCAG to delay its scheduled December 9 public hearing on the Plan for at lea~t 60 days to allow appropriate time for community response, on the unanimously approved motion of Councilman Evans, seconded by Councilman Griset. Councilman Ward stated that favorable response to the request is not likely because the program must be established by April, 1975; that a workshop on the Plan is scheduled to be held in the City Hall on November 26, which will provide opportunity for input by the City Staff. Councilman Ward's motion to encourage the Staff and Commis~ion~, Transportation Advisory Committee, Planning Commission and Human Relations Commission, to participate in tko l~orkshop and the public hearing on December 9, was seconded by Councilman Evans and unanimously carried. (CA 84.3] COUNCIL MEETING The Regular Council DATE meeting scheduled for December 2, 1974 will not be held due to a majority attendance at the National League of Cities Conference in Houston, Texas. Council agreed to meet on Monday, December 9, 1974, on the unanimously approved motion of Councilman Griset, seconded by Councilman Markel. Councilman Garthe stated that he might not be in the City on December 9. (CA 80.4) CITY COUNCIL MINUTES 427 NOVEMBER 18, 1974 ASSESSMENT DISTRICT The City Engineer NO. 237 summarized the status QUIGLEY LANE of proposed Assessment District No. 237, stat- ing that the ten Quigley Lane residents have been trying to obtain street improvements and sewers for some time; and that all ten families have signed the petition for the sewer improvement, for a total cost of $20,000. RESOLUTION NO. 74-166 A RESOLUTION OF THE FINDINGS ON PETITION & CITY COUNCIL OF THE WAIVER CITY OF SANTA ANA MAKING FINDINGS ON PETITION AND WAIVER was adopted on the unanimously approved motion of Councilman Yamamoto, seconded by Councilman Evans. The City Engineer presented the plan, specifications, cost estimate and proposed boundary map for the Assessment District. RESOLUTION NO. 74-167 A RESOLUTION OF THE ADOPTING PLANS CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING PLANS, SPECIFICATIONS, COST ESTIMATE, AND MAP OF THE ASSESS- MENT DISTRICT was adopted on the unanimously approved motion of Councilman Griset, seconded by Councilman Evans. RESOLUTION NO. 74-168 A RESOLUTION OF THE INTENTION TO ORDER CITY COUNCIL OF THE CONSTRUCTION CITY OF SANTA ANA DECLARING ITS INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS, TOGETHER WITH APPURTENANCES AND APPURTENANT WORK IN CONNEC- TION THEREWITH, IN AN ASSESSMENT DISTRICT; DECLARING THE WORK OR IMPROVEMENT TO BE OF MORE THAN ORDINARY OR LOCAL PUBLIC BENEFIT, DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; DETERMINING THAT BONDS SHALL BE ISSUED TO REPRESENT SAID COSTS AND EXPENSES; FIX- ING A TIME AND PLACE OF HEARING OBJECTIONS TO SA~D WORK AND IMPROVEMENT OR TO THE EXTENT OF THE DISTRICT OR TO THE PROPOSED GRADES, AND GIVING NOTICE THEREOF was adopted on the unanimously approved motion of Councilman Griset, seconded by Councilman Evans. RESOLUTION NO. 74-169 A RESOLUTION OF THE NOTICE INVITING BIDS CITY COUNCIL OF THE CITY OF SANTA ANA DIRECTING THE CLERK OF THE COUNCIL OF SAID CITY TO POST AND PUBLISH THE NOTICE INVITING BIDS FOR PUBLIC IMPROVEMENT CONSTRUCTION WORK AND DECLARING THAT THE PROPOSALS ARE TO BE OPENED AT A PUBLIC MEETING AND REPORTED TO THE LEGISLATIVE BODY AT THE NEXT REGULAR MEETING OF THE CITY COUNCIL AND APPROVING CONDI- TIONS OF BID was adopted on the unanimously approved motion of Councilman Griset, seconded by Councilman Evans. (CA 90) ORANGE COUNTY & Council received the SANTA ANA GROWTH POLICY Planning Commission report and recommendation for the City's growth policy, dated November 6, 1974, which was developed a~ part of the Orange County Growth Policy report initiated by the Intergovernmental Coordinating Council. CITY COUNCIL MINUTES 428 NOVEMBER 18~ 1974 Council adopted the recommended City Growth Policy and instructed Staff to forward copies to the County of Orange and to the Inter- governmental Coordinating Council, on the unanimously approved motion of Councilman Evans, seconded by Councilman Griset. The motion further deleted Item No. 151 from the Council Referral Summary. (CA 112) CITIZENS CRIME Council accepted with PREVENTION COMMISSION regret the resignation RESIGNATION - APPOINTMENT of Mrs. Sue Paskerian from the Citizens Crime Prevention Commission and ratified the Mayor's appointment of Mr. Wade Herrin as her replacement, on the unanimously approved motion of Councilman Griset, seconded by Councilman Evans. (CA 47.8) BOARDS & COMMISSIONS The reports of attendance BIANNUAL ATTENDANCE of members of the City's REPORTS Boards and Commissions for the months of April through September, 1974, were received and filed on the unanimously approved motion of Councilman Griset, seconded by Councilman Evans. (CA 80.9) CORBIN COMMUNITY CENTER SECURITY MEASURES the Staff was authorized to proceed with Berger and Honeywell regarding and to transfer funds mid-year to cover the of Councilman Griset, The security measures outlined in the Staff report dated November 11, 1974, were approved and in finalizing arrangements increased security measures from the Council Contingency Account at cost, on the unanimously approved motion seconded by Councilman Y~mamoto. [CA 131.6~ RECESS At 4:30 P.M., a recess was declared. Council reconvened at 4:50 P.M., with all members present. CITY YOUTH The Staff report dated COMMISSION November 9, regarding the creation of a Youth Commission was received and filed, with the understanding that an additional report will be made to Council at a later date, on the unanimously approved motion of Councilman Griset, seconded by Councilman Ward. (CA 131.12) RAISED MEDIANS Council received the ON ARTERIAL STREETS the Staff report dated November 6, regarding costs and other factors involved in the installation of raised landscaped medians, and continued discussion of the matter to a study session to be held at 1:00 P.M., January 6, 1975, in Room 831, City Hall, on the unanimously approved motion of Councilman Evans, seconded by Councilman Garthe. (CA 29.4a) CITY COUNCIL MINUTES 429 NOVEMBER 18, 1974 LITTLE LEAGUE The Agreement between CONCESSION STAND the City and Northwest ALONA PARK Little League for the construction and opera- tion of a Little League Concession Stand in Aloha Park, recommended by the Board of Recreation and Parks, was approved and its execution by the Mayor and Clerk was authorized on the unanimously approved motion of Councilman Ward, seconded b7 Councilman Yamamoto. The motion further approved the plans and specifications, a construction-cost contribution from the City development fees for the area amounting to a maximum of $10,000, and authorized the transfer of $10,000 from Account No. 301-232-911 to Account No. 301-232-621. (CA 52) CITY PROPERTY, BY SEGERSTROM, & HEMLOCK BOUNDED SHELTON bounded by Segerstrom on the Hemlock on the North. Council considered the Staff report dated Novem- ber 13, regarding the City-owned property South, Shelton on the West and Council voted to retain the property in public ownership for an interim period to consider the site for future public facilities; to provide minimum landscaping on the property as suggested by the Recreation and Park Department to alleviate the immediate visual and maintenance concerns of the residents; and to delete the Item, 156, from the Council Referral Summary, on the unanimously approved motion of Councilman Griset, seconded by Councilman Evans. The consensus of the Council was that funds needed for the landscaping be provided in the mid-year budget revisions from the Council Contingency fund. (CA 45) USE OF UNLEADED GASOLINE IN CITY VEHICLES sion to the use of non-leaded fuel Council considered the Staff report dated November 12, regarding the schedule for conver- in City vehicles. Council voted to authorize issuance of a credit card for pur- chase of unleaded fuels at a commercial station necessary for single panel delivery van, and directed Staff to proceed with plans for conversion of the fuel tanks prior to delivery of 1976 vehicles, on the unanimously approved motion of Council- man Evans, seconded by Councilman Yamamoto. (CA 145.6) ORDINANCE NO. NS-1210 The discussion of BILLBOARD SIGNS Ordinance NS-1210, requiring a Conditional Use Permit for bill- board signs, requested by Councilman Evans, was continued to the January 6, 1975 meeting, on the unanimously approved motion of Councilman Evans, seconded by Councilman Yamamoto. (CA 34) BUILDING APPEAL HEARING DANIEL F. GORDON, D.D.S. F. Gordon, D.D.S., from denial North Broadway. The Mayor announced that this was the time set to consider the appeal filed by Daniel of a building permit at 1906 CITY COUNCIL MINUTES 430 NOVEMBER 18, 1974 Council considered Dr. Gordon's written appeal dated November 7, and the Staff report dated November 13. Dr. Gordon stated that he would agree to Staff condition "(a)" of the report and to the Planning Department requirements contained in the report. Council granted the appeal subject to the following condition, including the Planning Department and other Municipal Code requirements, on the unanimously approved motion of Councilman Ward, seconded by Councilman Yamamoto: (a) the new area shall be provided with automatic sprinkler heads on the domestic water system and the north wall exposure shall be improved by sprinklers, fire windows, or other physical means. (CA 87.1) ORAL COMMUNICATION PRIDE IN CITY COMMITTEE Birthday Celebration, held on October it is planned to be an annual event. Billy Hall, Chairman of the Pride In City Committee reported that the Committee's City 26 was a success and (CA 9.11) ORAL COMMUNICATION The City Attorney TAXICAB ORDINANCE reported that as a result of a recent request to Council, by a taxi driver, for stricter adherence to the Code require- ments for the operation of taxicabs in the City, research has indicated a need for a change in the ordinance to provide for issuance of a franchise to one company to serve the City or to regulate the quality of cabs and their drivers and to require adequate insurance. Councilman Yamamoto requested the status of the taxi operation by Blue and White Company in view of recent publicized alleged illegal activities. Councilman Griset stated that he favored competition but would like to improve the ordinance so that it can be administered more readily by the police and the courts. (CA 26) RECESS P.M. with all Councilmen present. At 5:35 P.M., Council recessed for dinner at the Ancient Mariner, and reconvened at 7:40 HUD GRANT The Mayor announced that SENIOR CITIZENS the City Housing Authority HOUSING has received approval from the Department of Housing and Urban Development (HUD) for rent subsidization of a planned senior citizens housing project. (CA 137) INVOCATION PLEDGE OF ALLEGIANCE Invocation. (CA 80.17) Councilman Markel excused Following the Pledge of Allegiance to the Flag, Colonel M. Agnew of the Salvation Army, gave the himself from the Council Chamber. CITY COUNCIL MINUTES 431 NOVEMBER 18, 1974 COMMUNITY SPOTLIGHT Mr. Fred Golding, Presi- ORANGE COUNTY PLANNED dent of the Orange County PARENTHOOD ASSOCIATION Planned Parenthood Associa- tion, described the activi- ties, goals and objectives of the organization and its history; and Ms. Ina Bliss, Executive Director, described its basic ser- vices. Mayor Patterson presented a City Seal Tile plaque to the organization in recognition of outstanding service to the community. (CA 9.3) Councilman Markel returned to the Council Chamber at 7:50 P.M. PUBLIC HEARING NEGATIVE DECLARATION APPEAL NO. 344 VARIANCE NO. 74-25 Elwyn G. and Doris Michaels, Mayor Patterson announced that this was the time and place to consider the Negative Declaration and the Appeal filed by applicants for Variance No. 74-25, to allow outside storage in the C 1 District, 2701 West Edinger, conditionally approved by the Planning Commission; that the appellants (applicants) are requesting deletion of approval condition #6E, which provides for Planning Commission review at the end of a two-year period and an annual review thereafter. The Senior Planner reviewed the Planning Commission Finding of Fact, approving the Variance Application, and presented slides of the property site and area. The Mayor invited proponents to address the Council. There were none. There was no response to a similar invitation to opponents, the Clerk reported there were no written communica- tions, and the public hearing was closed by the Mayor. The Negative Declaration was received and filed, the appeal was denied, and the decision of the Planning Commission was upheld, on the unanimously approved motion of Councilman Griset, seconded by Councilman Yamamoto. The motion further instructed the City Attorney to prepare a resolution approving Variance 74-25, subject to the conditions contained in the Planning Commission Finding of Fact dated September 23, 1974. (CA 13.3) PUBLIC HEARING Mayor Patterson announced DETERMINATION OF EXEMPTION that this was the time VARIANCE NO. ?4-26 and place for the public hearing; set by the City Council on November 4, to consider the Determination of Exemp. tion and Variance Application No. ?4-26, filed by Inon, ~nc., to allow continued use of an existing illegal pole sign located within 300' of another pole sign on the same parcel, 1502 East First Street; and that the Variance Application had been den~ed by the Planning Commission. The Senior Planner reviewed the Planning Commission Finding of Fact, denying the Variance Application and presented sl~de~ of the property site and area. There were no proponents or opponents who Mayor's invitation to address the Council, there were no written communications, and the public hearing. responded te t~_e the Clerk reported the Mayor closed The Determination of Exemption was received and filed, the decision of the Planning Commission to deny the Variance Appli- cation was upheld, and the City Attorney was instructed to pre- pare the appropriate resolution, on motion of Councilman Yama~ moto, seconded by Councilman Evans and carried with Councilman Markel dissenting. (CA 13.3a) CITY COUNCIL MINUTES 432 NOVEMBER 18, 1974 PUBLIC HEARING The Mayor announced DETERMINATION OF EXEMPTION that this was the time APPEAL NO. 345 and place for the public VARIANCE NO. 74-31 hearing to consider the Determination of Exemp- tion and Appeal No. 345, filed by Crocker National Bank, appealing the Planning Commission denial of Variance No. 74-31, to allow construction of two freestanding pole signs and two wall signs in the LP District on the northeast corner of Fourth and Dianne Street. The Senior Planner reviewed the Planning Commission Finding of Fact, denying the application and presented slides of the site and area. The following persons spoke in favor of the Appeal: Mr. Gary Hall, 2949 N. Meyers, Mr. Don Forker, Assistant Vice National Bank. Burbank; President of Crocker The proponents stated that the signs are necessary to readily identify the bank; that the ordinance is unreasonably restric- tive; that in selecting the bank site, area signs were observed, which had been constructed under a previous ordinance, that were as large or larger than those contemplated by the bank; that the bank's signing is simple and tasteful; that the sign ordinance places the bank at an unfair advantage and prejudices the possible success of the investment. Photographs of signs in the area were passed among the Council. There were no other proponents and no opponents; tko Clerk reported there were no written communications; and the Mayor closed the public hearing. The Determination of Exemption was received and filed on motion of Councilman Yamamoto, seconded by Councilman Grl~et, and carried with Councilman Markel dissenting. The Appeal was denied, the decision of the Planning Commission to deny the Variance Application was upheld, and the City Attorney w~s instructed to prepare the appropriate resolution, on tko unanimously approved motion of Councilman Yamamote, ~econded by Councilman Griset. (CA 13.3] PUBLIC HEARING Mayor Patterson announced NEGATIVE DECLARATION that tkis was the time VARIANCE NO. 74-30 and place for the public hearing, met by Council on October 14, to consider the Negative Declaration and Variance Application No. 74-30, filed by Calvary Evangelical Lutheran Church, et al, to construct a private tennis club in the R 1 zone; and to allow an on-sale liquor license within 300' of property zoned and used for residential, on the northwest corner of Euclid and McFadden Streets; and that the Variance Applica- tion had been approved by the Planning Commission. The Senior Planner presented slides of the site and area and reviewed the Planning Commission Finding of Fact, approving the Variance. The following persons spoke in favor of the Variance: Mr. John Edler, President of the U. S. Tennis Club, 5091 Cinnamon, Irvine; Edward Levine, Treasurer of Calvary Evangelical Lutheran Church; The Reverend Hilliard Weiss, Pastor of the Church; CITY COUNCIL MINUTES 433 NOVEMBER 18, 1974 Patricia McGuigan, 5642 Keelson, representing Father Collins of the St. Barbara's Church. The proponents stated that the proposed development is more acceptable to the neighborhood than a shopping center or apartment house would be; that the church has no plans to develop the property and the congregation desires to sell it; and that the tennis club would complement and upgrade the area. A petition containing approximately 99 signatures endorsing the proposed tennis club was filed with the Clerk. There were no other proponents, and no opponents; the Clerk reported there were no other written communications; and the Mayor closed the public hearing. Councilmen Yamamoto and Griset stated that they were opposed to the granting of the Variance because it would allow the sale of alcoholic beverages within 300' of a residential area, across the street from a church, and in the v~cinity of a school. The Negative Declaration was received and filed on motion of Councilman Evans, seconded by Councilman Ward and carried, with Councilman Yamamoto dissenting. Variance Application No. 74-30 was approved, the Planning Com- mission decision was upheld, and the City Attorney was instructed to prepare the appropriate resolution, on motion of Councilman Evans, seconded by Councilman ~artke and c~r~ied, with Councilmen Yamamoto and Griset dissenting. CCA 13.3a) RECESS Councilmen present. At 8:55 P.M,~ the Mayor declared a recess. Council reconvened at 9:00 P.M., with all BUILDING PERMIT The Director of Public APPLICATION APPEAL Works reviewed his report POTATO BIN dated November 12, regarding the Building Permit Application filed by Mr. and Mrs. George Fisher, to roof over and enclose a portion of the open produce display area at the Potato Bin Market, 1605 West First Street, and Mr. Fisher's Appeal from the Santa Ana Municipal Code require- ments which call for certain street improvements in conjunc- tion with the new development on the property and removal of an enclosure housing mechanical equipment from the public right of way. Mr. George Fisher stated that he would agree to tko cenmt~uc~ tion of curb and gutter, sidewalk, and one street t~ee along the property's unimproved frontage on Porest Avenue, app~x~ imately 41 feet. He requested waiver of an encroacF~ment lease at $100 per year in favor of an enc~oacPanent permit for five years due to the costs of removal of the eRuipment at this time. Council denied the appeal, but did authorize issuance of the Building Permit, subject to the following conditions, on motion of Councilman Evans, seconded by Councilman Griset and carried, with Councilmen Yamamoto and Markel dissenting: (a) That prior to his receipt of a building permit, Mr. Fisher make a cash deposit to the City, in CITY COUNCIL MINUTES 434 NOVEMBER 18, 1974 the amount of $625 to cover the cost of the required street improvements; That Mr. Fisher enter into an encroachment lease agreement with the City which would permit the continued existence of the en- croaching structure for 2 years, provided that an annual lease payment of $100.00 is made by Mr. Fisher to the City. (CA 87.1) WAFFLE HOUSE The Director of Public Works reported on the status of the Waffle House. He stated that a draft agreement has been prepared which represents the collective thinking of the City Manager, the City Attorney and himself; and that the agreement has not been signed by the President and Vice President of the Santa Aha Historical Society. He reviewed those portions of the contract which were deemed unacceptable by the Society: (1) Payment of utilities, gas, water, electricity and waste disposal by the Society; (2) Insurance coverage, including comprehensive liability and workmen's compensation to he provided by the Society; (3) Admission fees and visitation hours subject to approval by City Manager. The Director reminded Council that the_City has committed a total of $43,000 to the preservation o± the Waffle House: $12,000 3,000 28,000 ~-~,000 relocation cost site preparation, Heritage Square funds for new parking lot for County at the northeast corner of Civic Center Drive & Sycamore Total In addition, he noted that the Civic Center Drive East widen- ing project bids would be presented to Council at its DecemSer 16 meeting, the deadline for a final decision on the Waffle House relocation. Mrs. Walker, representing the Society, stated that they would be willing to pay for either the utilities or the public liability insurance, but not both. Council instructed the City Attorney to prepare an agreement for execution by the officers of the Santa Aha Historical Preservation Society that would include the following provisions: (1) liability insurance holding the City harmless to be provided by the Society; (2) Workmen's Compensation insurance to be provided by the Society; (3) Fees and hours of operation to be approved by the City Manager; (4) Utilities to be the responsibility of the Society; on motion of Councilman Griset, seconded by Councilman Gartke and carried, with Councilmen Yamamoto and Markel d~ssent~ng. (CA 8S.ld) CITY COUNCIL MINUTES 435 NOVEMBER 18, 1974 DRAINAGE DITCH The petition dated RAITT BETWEEN MC FADDEN October 2S, 1974, signed & EDINGER STREETS by approximately 130 residents, requesting the City to enclose the drainage ditch, on Raitt between Mc Fadden and Edinger Streets, beneath the ground, was referred to Staff for report and recommendation on the unanimously approved motion of Councilman Griset, seconded by Councilman Evans. Mr. Wyatt Williams III, 1221 South Townsend Street, represent- ing the petitioners, stated that the bicycle lane should be installed by the drainage ditch because of the traffic hazards for the bicyclists on South Raitt between McFadden and Edinger Streets; that the proposed bicycle lane places the rider between the parked cars and on-coming traffic; and that there is no objection to the bike lane if it is located next to the storm ditch, off the street. (CA 70) HUMAN RELATIONS The Annual Report of COMMISSION the Human Relations ANNUAL REPORT Commission was received and filed, and the Commission By-Laws and the "Know Your Rights" pamphlet were approved on the unanimously adopted motion of Councilman Evans, seconded by Councilman Griset. Mr. Zeke Hernandez, member of the Human Relations Commission, directed Council's attention to several of the subjects con- tained in the report, including the Chairman's report, the "Know Your Rights" pamphlet, and the Youth and Education Committee. He suggested that the Commission be used as a resource for the formation of a City Youth Commission. Mr. Rudy Moreno, Chairman of the Human Relations Commission, expressed his satisfaction with Council response to staffing needs and the accomplishments of the Commission, including the police complaint form and improved community-police rela- tions. (CA 131.1) ORAL COMMUNICATION Councilman Yamamoto BLUE & WHITB CAB CO. requested the City Attorney to review the possibilities of rescinding the Certificate of Convenience and Necessity issued to Blue and White Cab Co. to operate taxicabs in the City. (CA 26.7) ORAL COMMUNICATION FIREWORKS BAN ing the proposed ban on fireworks. Councilman Yamamoto requested an early Staff report on the Council referral regard- (CA 64) ORAL COMMUNICATION Councilman Garthe ABSENCE FROM CITY requested permission to be absent from the City for three weeks commencing November 19 and possibly including the December ~ Council meeting. He further requested that no action Be taken regarding appointment of a Mayor or a Councilman to replace Mayor Patterson who has been elected to tke House of ~e~re~ sentatives, representing the 38th Congressional Distr~ct. (CA SO) CITY COUNCIL MINUTES 436 NOVEMBER 18, 1974 ADJOURNMENT Councilman Yamamoto, At 10:40 P.M., the meeting was adjourned on the unanimously approved motion of seconded by Councilman Evans. FLORENCE I. MALONE CLERK OF THE COUNCIL CITY COUNCIL MINUTES 437 NOVEMBER 18, 1974 CITY COUNCIL MINUTES 438