HomeMy WebLinkAbout07-21-1975MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
July 21, 1975
The Regular Meeting of the City Council was called to order
at 2:11 P.M. by Mayor John Garthe, in the Council Chambers,
22 Civic Center Plaza, with the following Council members
present: David F. Ortiz, Harry K. Yamamoto, Vernon S. Evans,
David L. Brandt, James E. Ward and Mayor John Garthe.
Councilman Gordon Bricken arrived at 2:50 P.M. Also present
were City Manager Bruce C. Spragg, City Attorney Keith L.
Gow, Director of Public Works donald Wolford, Director of
Planning Charles C. Zimmerman, Police Chief Raymond C. Davis,
and Clerk of the Council Florence I. Malone.
INVOCATION
PLEDGE OF ALLEGIANCE
Following the Pledge
of Allegiance to the
Flag, the Invocation
was given by Mayor Garthe.
RECESS
HOUSING AUTHORITY
Authority; Council
members present.
reconvened at 2:27
At 2:15 P,M. Council
recessed to convene
the Regular Meeting
of the Housing
P.M., with the same
CONSENT CALENDAR
Councilman Evans.
on Item 6 B.
Tke following Agenda
item was removed from
the Consent Calendar:
Item 7 requested by
Councilman Yamamoto registered a NO vote
On the unanimously carried (6-0) motion of Councilman Ward,
seconded by Councilman Yamamoto, Council affirmed the recom-
mended action on the following Consent Calendar Items:
MINUTES Approved the follow-
ing Minutes:
Adjourned Regular Meeting - June 26, 1975
Adjourned Regular Meeting July 1, 1975
Regular Meeting - July 7, 1975
Adjourned Regular Meeting July 9, 1975
Adjourned Regular Meeting July 11, 1975
BID CALLS
ment for bids
on the following:
Approved plans and
specifications and
authorized advertise-
PROJECTS 5032 AND 5035 Installation of new
traffic signals at the intersections of Main
Street and Alton Avenue and Fairview Street
and Segerstrom Avenue.
CA 89B
CITY COUNCIL MINUTES
311 JULY 21, 1975
CONSENT CALENDAR - Continued
BID AWARDS
responsible
and best bidder:
Awarded the
following on the
basis of lowest
PROJECTS 8059 AND 8059A - Construct River Crossing
Bicycle Trail from Edna Park to Alona Park And
County of Orange Bicycle Trail on East Bank of
Santa Ana River.
Awarded to John W. Tiedemann Co., Whittier. CA 89H
AGREEMENTS Approved the
following agree-
ments and
authorized their execution by the Mayor and Clerk:
NORTH MAIN STREET BRIDGE OVER SANTIAGO CREEK
Between City and County of Orange for widening of
street approaches to the bridge. A~75-55
ENGINEERING SERVICES - Between City and Toups
Corporation in connection with the design of the
widening and improvement of First Street, Bush
Street to Standard Avenue.
A-75-56
LEGAL SERVICES - Between City and Thomas A.
Frieberg, Jr. for specialized legal assistance
in a complex condemnation case.
A-75-57
REVISED ARTERIAL HIGHWAY FINANCING PLAN AGREEMENT -
Between City and County of Orange for the
acquisition of right of way for Project 1349, (AHFP
691) widening of Flower Street between Pine Street
and Santa Ana Boulevard. A-75-58
REVISED ARTERIAL HIGHWAY FINANCING PLAN AGREEMENT -
Between City and County of Orange for the
acquisition of right of way for Project 1267, (AHFP
669) widening of Seventeenth Street between Santa
Ana River and Santiago Street. A~75_59
TRAFFIC Received and
filed Report
of control
devices removed or installed duly 8 through IS,
197S, inclusive.
CA 18.3a
ALCOHOLIC BEVERAGE
LICENSE APPLICATIONS
Received and filed
the following
Applications:
BEANS, INC., MARK, Vincent A. (Pres) and
ASKEW, John T. (VP/Sec) 3870 South Plaza
Drive - Original - Type "41" On Sale Beer &
Wine (Bona Fide Public Eating Place).
DONKERVOORT, Jack A. and Ann E. 1116 South
Standard - Original - Type "20" Off Sale Beer &
Wine.
(Councilman Yamamoto registered a NO vote.)
CA 146
CA 146
CITY COUNCIL MINUTES
312
JULY.21, 1975
CONSENT CALENDAR - Continued
FAIRMONT FOODS COMPANY -
Street Original - Type
Alcohol Dealer.
2500 S. Red Hill
"19" Industrial
Instructed the City Attorney to prepare a letter
of protest on the following in accordance with
the report submitted:
ARRIZON, Esperanza C. - 224 East 3rd Street
Original Type "40" On Sale Beer. PROTEST
Minor Exception.
DEEDS, NO CASH Received and
GRANTEE, CITY filed Report of
No-Cash Deeds
accepted by the City Manager, pursuant to Resolu-
tion #69-1S6, from July 8 through IS, 197S,
inclusive.
CA 146
CA 146.1
CA 155
DEEDS, NO CASH
GRANTOR, CITY
Mayor and Clerk:
Authorized execu-
tion of the follow-
ing deed by the
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
SANTA ANA, north side of First Street between
Ross and Birch for Senior Citizen Housing Pro-
ject.
CA 155
TENTATIVE PARCEL & Received and
TRACT MAPS filed the Negative
Declarations,
approved subject to conditions contained in Planning
Director's Reports, and waived the alley requirements
on the following:
MAP NO. 923 Filed on June 26, 1975, by
Richard C. Hunsaker creating three (3) Mi
parcels; proposed parcels to be used for
industrial uses; generally located on the
northwest corner of Orange Avenue and
Alton Avenue, alley waiver requested.
CA 25
MAP NO. 8607 - Filed on July 3, 1975, by
Warmington Development Company creating
two (2) CD and three (3) R4 lots, proposed
lots 1, 2 and 5 to be used for airspace
condominiums (apartments exist on lot 2)
lots 3 and 4 are to be used for future CD
development; generally located on the west
side of Tustin Avenue, 643 feet south of
Seventeenth Street, alley waiver requested.
CA 24
FINAL PARCEL MAPS Approved the
following Maps
in accordance
with the State Map Act provision, and accepted
the dedications thereon:
MAP NO. 918 East side of Cabrillo Park Drive
north of First Street, four (4) lots.
CA 25.1
CITY COUNCIL MINUTES 313 JULY 21, 1975
CONSENT CALENDAR - Continued
MAP NO. 919 - West side of Tustin Avenue at
Wellington Avenue, three (3) lots.
CA 25.1
CHANGE ORDER
PROJECT NO. 8049 -
for an 18" rafter
Edna Park.
Approved the
following Change
Order:
Change Order
tie and for a
#1 adding $425
sewer main manhole,
CA 89H
SURPLUS PROPERTY
Approved the
following
request:
ANNUAL DECLARATION - Request for authorization to
sell the individual lots of surplus material as
they accumulate during fiscal year 1975-1976.
CA 45
PROCLAMATIONS
Received and
filed the
following:
FARM SAFETY WEEK - Proclaims the week of
July 25 through July 31 as Farm Safety Week.
CAPTIVE NATIONS WEEK - Proclaims the week of
July 13 through July 19 as Captive Nations Week.
YOUTH PARTICIPATION MONTH Proclaims the
month of August as Youth Participation Month.
BETTER WATER FOR SANTA ANA WEEK Proclaims
the week of August 10 through August 17 as
Better Water. for Santa Ana Week.
CONSENT CALENDAR FINIS
CA 46
CA 46
CA 46
CA 46
VARIANCE 75-28 Council set the
VERSAILLES ON THE LAKE following Variance
Application for
Public Hearing on
August 4, 1975 at ?:30 P.M., in the City Council Chambers,
on the approved (4-2) motion of Councilman Evans, seconded
by Councilman Yamamoto, with Councilmen Ward and Ortiz
dissenting:
VA 75-28 - VERSAILLES INVESTORS dba VERSAILLES
ON THE LAKE - To permit the permanent use of
two existing temporary signs in the R4 District
3700 Plaza Drive. APPROVED
CA 13
Prior to the preceding motion, Councilman Ward's motion,
to receive and file the Determination of Exemption and
Planning Commission Finding of Fact, died for lack of a
second.
CITY COUNCIL MINUTES
314 JULY 21, lg75
READING WAIVED
which appeared on
consideration was
approved W-0) motion
Councilman Yamamoto.
The full reading
of all ordinances
and resolutions,
the titles of
the public Agenda, was waived, and
given by title only, on the unanimously
of Councilman Evans, seconded by
AGENDA ORDER Council continued
ORDINANCES NS-1263 & 1264 consideration of
UTILITY USERS TAX ORDINANCE NS-1263
and ORDINANCE NS-1264
to the evening meeting, on the unanimously approved (6-0)
motion of Councilman Evans, seconded by Councilman Yamamoto.
ORDINANCE NS-1265 The following
SALE OF REAL PROPERTY ordinance was placed
on first reading
on the unanimously
carried (6-0) motion of Councilman Ward, seconded by
Councilman Evans:
ORDINANCE NS-1265 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING SECTION 2-706
OF THE SANTA ANA MUNICIPAL CODE; ADDING SECTIONS
2-706.1 AND 2-706.2 TO THE SANTA ANA MUNICIPAL CODE;
AMENDING SECTION 2-707 AND 2-708 OF THE SANTA ANA
MUNICIPAL CODE; AND ADDING SECTION 2-710 TO THE
SANTA ANA MUNICIPAL CODE, ALL PERTAINING TO THE
SALE OF REAL PROPERTY.
ORDINANCE NS-1266 The motion of
SPECIFIC STREET ALIGNMENT Councilman Evans
NO. 1SA - FLOWER STREET to place the
following ordinance
on first reading was seconded by Councilman Ward, and
carried unanimously (6-0):
ORDINANCE NS-1266 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA ADOPTING A SPECIFIC PLAN
FOR STREET ALIGNMENT #15A AND ADDING SECTION
41-734.2 TO ARTICLE VII, CHAPTER 41 OF THE SANTA
ANA MUNICIPAL CODE.
CA 45
CA
29.7
AGENDA ORDER Councilman Yamamoto's
RESOLUTION NO. 75-95 motion, seconded by
PURCHASE OF AMBULANCE Councilman Ward, to
continue consideration
of RESOLUTION NO. 75-95 to the evening meeting, carried
(4-2), with Councilmen Evans and Brandt dissenting.
The preceding motion was substituted for the prior motion to
adopt RESOLUTION NO. 75-95, by Councilman Evans, seconded by
Councilman Brandt, by informal unanimous consent.
RESOLUTION NO. 75-96 Council adopted the
AUTHORIZING MAYOR TO SPEAK following resolution
ON BEHALF OF COUNCIL unanimously (6-0),
on motion of Council-
man Evans, seconded by Councilman Ortiz:
RESOLUTION NO. 75-96 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE
MAYOR TO SPEAK ON BEHALF OF THE COUNCIL.
CA 80
CITY COUNCIL MINUTES
315
JULY 21, 1975
RESOLUTION NO. 75-97 Tho following
VARIANCE 75-16; APPEAL 349 resolution was
OTIS BABCOCK unanimously adopted
(6-0), on motion of
Councilman Evans, seconded by Councilman Ortiz:
RESOLUTION NO. 75-97 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AFFIRMING THE
ACTION OF THE PLANNING COMMISSION ON VARIANCE
APPLICATION 75-16, DENYING SAID VARIANCE APPLI-
CATION AND DENYING APPEAL NO. 349 FILED THEREON
BY OTIS BABCOCK.
CA 13.3
RESOLUTION NO. 75-98 On motion of Council-
ASSEMBLY BILL 145 man Evans, seconded
SCHOOL DISTRICTS REORGANIZATION by Councilman Ward,
the following resolu-
tion was adopted (5-0), with Councilman Brandt-abstaining:
RESOLUTION NO. 75-98 A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA EXPRESSING
SUPPORT FOR ASSEMBLY BILL 145 (RALPH) RELATING
TO THE REORGANIZATION OF SCHOOL DISTRICTS.
CA 38
Prior to consideration of the foregoing resolution, Council-
man Brandt declared a conflict of interest because he serves
as a member of the Orange County School Board organization
committee, and therefore has a direct interest in the subject
matter. Councilman Brandt left the Council Chambers, and
returned following the vote.
RESOLUTION NO. 75-99 Council adopted
AMENDING LEGAL DESCRIPTION the following
CONDEMNATION resolution by title
only, on the unanimously
(6-0) approved motion of Councilman Evans, seconded by
Councilman Ward:
RESOLUTION NO. 75-99 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AMENDING
RESOLUTION NO. ?5-8?.
CA 71
Councilman Bricken arrived at 2:50 P.M.
REQUEST FOR PROMPT REMOVAL OF The letter dated
POLITICAL SIGNS FOLLOWING July 2, 1975, from
AN ELECTION the South Main
Improvement Assoc-
iation, recommending that candidates post a performance bond
to insure prompt removal of political signs, was referred to
Staff for investigation and report on the motion of Council-
man Evans, seconded by Councilman Brandt and unanimously
(7-0) carried. CA 68.2
OPPOSITION TO EXPANSION OF THE The letter dated
SANTA ANA REDEVELOPMENT AREA INTO July 8, 1975, from
ORANGE UNIFIED SCHOOL DISTRICT AREA the Orange Unified
School District,
stating its opposition to expansion of Santa Ana Redevelopment
Area into territory of the Orange Unified School District,
CITY COUNCIL MINUTES
316 JULY 21, 1975
was received and filed and referred to the Redevelopment
Commission for its information on the amended motion of
Councilman Ward seconded by Councilman Yamamoto and carried
(6-1) with Councilman Evans dissenting. The original motion,
to receive and file, was made by Councilman Evans and seconded
by Councilman Bricken. CA 82.10
RENOVATION OF NEWHOPE FIRE STATION The progress report
(SANTA ANITA) PROGRESS REPORT dated July 15, 1975,
was received and filed
and referred to the
Human Relations Commission for its information on the amended
motion of Councilman Ward, seconded by Councilman Yamamoto
and carried (6-1) with Councilman Evans dissenting. The
original motion, to receive and file, was made by Council-
man Evans and seconded by Councilman Yamamoto. CA 131.6
PROPOSED CITY BICENTENNIAL PLAN The City Bicen-
tennial Program
submitted by Reilly
Rhodes, Museum
Director, and Frank Blaszcak, Public Information Officer,
in their report of July 9, 1975, was approved on the motion
of Councilman Evans, seconded by Councilman Yamamoto, and
carried unanimously (7-0). CA 42.S
APPLICATION FOR SB 821 FUNDS Acting on the re-
FOR BIKE PATH CONSTRUCTION commendation of the
Transportation Advisory
Committee, the Public
Works Director was authorized to make application to the
Southern California Association of Governments requesting
SB 821 facility funds in the amount of $60,000 for the con-
struction of the South Coast Bike Path from Edinger Avenue
to Alton Avenue on the unanimously carried (7-0) motion of
Councilman Evans, seconded by Councilman Ward. CA 18.6
ORANGE COUNTY TRANSIT DISTRICT The bus shelter
BUS SHELTER PROGRAM program recommended
by the Transportation
Advisory Committee
in its report of July 8, 1975, recommending ten locations
for 22 shelters was approved and Staff was instructed to
investigate the possible use of the small landscaped area
on the east side of Flower Street between Sixth Street and
Civic Center Drive for the location ~ a permanent shelter
structure, possibly similar to the structure located in the
Japanese Garden. Area of the Civic Center, on the motion of
Councilman Evans, seconded by Councilman Ward and unanimously
(7-0) carried.
COMMUNITY DEVELOPMENT GRANT The report dated
ADMINISTRATION - PROGRESS REPORT July 15, 1975,
stating the primary
first year goals
and implementation plans for administration of the
$689,000 Community Development grant, was received and
filed on the motion of Councilman Evans, seconded by
Councilman Bricken and unanimously carried (7-0).
Councilman Ward suggested that this report be forwarded
to the Human Relations Commission for its information.
CA 112.2
CA 84
CA 140.20
CITY COUNCIL MINUTES 317 JULY 21, 1975
PROPOSED GARFIELD STREET MINI-PARK The written request
Council Referral Item #174 of the Recreation
Superintendent,
dated July 11, 1975,
to finalize plans for a mini-park in Garfield Street between
Sixth and Brown Streets was approved by Councilman Evans'
motion (1) to receive and file the negative declaration;
(2) to authorize Staff to finalize the plans for the Gar-
field Mini-Park; (3) to authorize the transfer of funds from
Muir Park to Garfield Street Park; (4) to approve the re-
commended name "Jardin De Ninos Allegres; and (5) to delete
Council Referral Item #174, seconded by Councilman Bricken
and unanimously (7-0) carried. This park plan was commended
by Councilmen Ward, Ortiz and Bricken as a fine example of
providing for the needs of the people through community in-
volvement and they suggested that citizen participation be
encouraged in the park construction. CA
52
WAFFLE HOUSE FOUNDATIONS The City Attorney was
authorized to prepare
an agreement between
the City and the Santa
Ana Historical Preservation Society providing for the City's
contribution of $5,000 toward the construction of foundations
for the Waffle House and its carriage house to be administered
by the Society, on the substitute motion of Councilman Ward,
seconded by Councilman Evans and carried (6-1) with Councilman
Bricken dissenting. Councilman Bricken had previously moved
to continue this matter to the evening agenda at the request
of Mrs. Biner of the Santa Ana Historical Preservation Society;
the motion was seconded by Councilman Ortiz. CA 85.1d
RESOLUTION 75-95 Reconsideration of
EMERGENCY PURCHASE OF AN AMBULANCE Resolution No. 75-95
at this time rather
than at the evening
meeting was approved on the motion of Councilman Evans,
seconded by Councilman Ward and carried (6-1) with Council-
man Yamamoto dissenting. The motion of Councilman Evans,
seconded by Councilman Brandt to adopt Resolution No. 75-95,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
WAIVING NORMAL BIDDING REQUIREMENTS IN ORDER TO EXPEDITE
THE PURCHASE OF AN AMBULANCE AND APPURTENANCES FOR USE BY
THE SANTA ANA FIRE DEPARTMENT, failed to receive the re-
quired five affirmative votes on the following roll call
vote: Ayes: Evans, Brandt, Garthe, and Bricken, Noes:
Ward, Yamamoto and Ortiz. Councilman Yamamoto moved to
continue the resolution to the evening meeting; the motion
was seconded by Councilman Ortiz and carried (6-1) with
Councilman Evans dissenting. CA 89A
ORAL COMMUNICATION The Staff was directed
LOGAN AREA STREET & ZONING PROBLEMS to prepare a briefing
report for Council
members to be used for
discussion at a special meeting to be held prior to the
first meeting in September, contingent upon Councilman
Yamamoto's vacation plans, on the motion of Councilman
Bricken, seconded by Councilman Evans and carried (7-0)
unanimously. CA 78.6
CITY COUNCIL MINUTES 318 JULY 21, 1975
ORAL COMMUNICATION The City Clerk was
RESOLUTION NO. 75-98 directed, by unanimous
GARDEN GROVE SCHOOL DISTRICT informal agreement, to
send copies of
Resolution 75-98 regarding the reorganization of the Garden
Grove School District to the Superintendent of the District
and to the legislators representing the Garden Grove and
Santa Ana areas. CA 38
RECESS
EXECUTIVE SESSION
the meeting reconvened at
recessed for dinner at Mr.
At 3:40 p.m. Mayor
Garthe recessed the
meeting for an
executive session;
3:55 p.m. and immediately
Mike's where Council was to
be joined by Senator Dennis Carpenter.
PLEDGE OF ALLEGIANCE Following the Pledge
INVOCATION of Allegiance to the
Flag, the invocation
was given by Doctor
Varner Leggitt of the Santa Ana Seventh Day Adventist
Church.
CA 80.17
SPECIAL PRESENTATION OF CITY SEAL Mayor John Garthe
TILE TO SENATOR DENNIS CARPENTER introduced Senator
Dennis Carpenter and
presented to him a
City Seal Tile for his efforts on behalf of the City of
Santa Ana. The Senator said he was greatly honored and
appreciated the Tile very much; that he would continue to
do whatever he could for the City even though he does not
technically represent Santa Aha any longer. CA 73B
PUBLIC HEARING Mayor Garthe announced
APPEAL NO. 350 - VARIANCE 75-21 that this was the time
and place for the Public
Hearing on the appeal
of the Southland Corporation to allow a convenience market
(7-11) in the R4 District, 629 S. Euclid Street, which was
denied by the Planning Commission June 9, 1975. The hearing
had been continued from the July 14 meeting.
Mr. Scott Smith of the law firm of Patterson, Post and Smith
spoke on behalf of the appellant and asked for a 30-day
continuance in order to collect sufficient evidence and to
canvass the area affected to meet with the opponents to
clarify misconceptions of the proposal which would have a
material effect on the decision to be made on the appeal.
A further continuance of Appeal No. 350 for Variance 75-21
was denied on the motion of Councilman Evans, seconded by
Councilman Yamamoto and carried (6-1) with Mayor Garthe
dissenting.
Mr. Smith agreed to proceed with the appellant's case. He
described the Southland Corporation, established in 1927
with principal offices in Dallas, Texas and local offices
CITY COUNCIL MINUTES 319 JULY 21, 1975
in Irvine, California, as being a franchising company with
S,000 stores throughout the United States and Japan, all
operated by residents of the neighborhoods where the stores
are located. Me stated that the typical customer of a 7-11
store lives less than one mile from the store; that 14.1%
of sales is beer and wine; that the store does not sell hard
liquor; that loitering by minors is discouraged by fran-
chisees; and that a convenience market in the proposed
location would be the highest and best use for the property.
The following persons spoke in opposition to the variance:
Patricia McGuigan, 5642 Keelson Avenue
Manuel M. Makieve, 615 South Euclid Street
Rose Marie Wojtkiewicz of St. Barbara Citizens
for Decent Literature
Donna Oxenham, 615 South Euclid
Mrs. Joseph Cox, 615 South Euclid
Bill Reed, (no address given)
Jim McGuigan, 5642 Keelson Avenue
The opponents stated that the people in the area prefer to
shop at the established supermarkets in the area rather than
at a convenience market; that a convenience market carrying
ice cream and candy tends to attract the children who might
attempt unsafe crossings of Euclid Street which is a heavily
traveled thoroughfare; that loitering is a problem along with
late hours of operation, and litter; that 25% of all robberies
to date in 1975 have been at convenience markets; that any
sales tax contributed to the City by this market would be
more than offset by the salaries of policemen needed to in-
vestigate the numerous robberies.
Mrs. Wojtkiewicz filed a petition, with approximately 219
signatures, opposing the variance, and a letter designating
her as the spokesman for St. Barbara's Church and School on
this matter.
The Clerk of the Council reported that no written communica-
tions had been received.
There being no further speakers, the Mayor closed the Public
Hearing.
On the motion of Councilman Yamamoto, seconded by Councilman
Ortiz, the decision of the Planning Commission denying Variance
75-21 was upheld, Appeal No. 350 was denied, and the City
Attorney was instructed to prepare a resolution to that
effect; the motion was carried (6-1) with Councilman Brandt
dissenting. CA 13.3
RECESS At 8:33 p.m. Mayor
Garthe declared a
recess; at 8:43 p.m.
the meeting was
reconvened with all Councilmen present.
CITY COUNCIL MINUTES
320 JULY 21, 1975
PUBLIC HEARING
1975-76 PROPOSED BUDGET
Budget for the fiscal year 1975-76,
$44,901,865.
Mayor Garthe announced
that this was the time
and place for the public
hearing on the proposed
in the total amount of
The City Manager stated that the proposed budget had been
reduced from 45.2 million to 44.9 million dollars by re-
ducing the crime abatement program from 110 positions to
98 positions, by reducing minor capital items and curtail-
ment of certain City services; that it had been difficult
to develop a balanced budget because of the 12% inflation
rate; that it was necessary to cut the budget by 1½ million
while implementing the public safety program the Council had
approved; that to accomplish the desired budget program, 45
full-time positions were cut from the regular City staff and
98 positions were added to the Police Department plus a second
paramedic unit for the Fire Department at a cost of 2.8 million
dollars for the next year to be funded by additional revenues;
that the additional revenues can be a combination of the utility
user tax and an increase in the property tax or an increase
in the property tax only; that it was not the Manager's inten-
tion to emphasize the problems; that included in the budget are
a number of fine projects that will be a credit to Santa Ana.
The Clerk of the Council stated that Council had been provided
with copies of all the correspondence received to date re-
garding the budget and the methods proposed for its funding.
Mayor Garthe opened the public hearing and invited comment
on the Budget from members of the audience:
The following persons spoke:
Mrs. Judy Suchey, 3107 Heather Drive, Fullerton, who requested
reconsideration of the elimination of one Anthropological
Curator from the Bower's Museum Department personnel. She
stated that deletion of the position represented a departure
from previous museum policy and would not be in the best
interest of the community.
Mr. John Meola, 2631 South Lowell, who spoke in favor of the
Crime Abatement program, and increasing the police force by
98 personnel to institute team policing, in an effort to
lower the City's crime rate.
Mr. Raymond L. Johnson, 3118 South Townsend Street, who
suggested that rather than a 34% increase in the police force
that police reserved be utilized rather than full-time
officers as a method of putting policemen on the street at
a lower cost.
Mr. William Lardner, 1614 West Edinger, who stated his opposition
to increasing the police force because the real problem is the
justice system and taxation burdens have become too heavy,
especially for the elderly.
Mrs. Ann Famalaro, Victoria Drive, who supported the crime
abatement program but felt that further cuts in the budget
could be effected in lieu of additional taxes.
Mr. Joe Vogel, who stated that the budget did not provide
enough for senior citizens; and that the judicial system would
CITY COUNCIL MINUTES 321 JULY 21, 1975
have to be changed before a reduction in crime would be
possible.
Mr. Charles Wheeler, 802 French Street, who stated that
he favored the crime abatement program but doubted that new
taxes could be found to pay for it and suggested that people
should be taxed on the basis of use.
Mr. Wayne Gross, 516 North Grand, who stated that more money
and more policemen are not necessary to lower crime; that
it will require the elimination of chronic offenders. He
suggested that Council initiate action through the League of
Cities to restructure the courts to do what has to be done
to deal adequate punishment to the criminal.
Mr. Carl Brandl, 1130 South Douglas, who stated that the
people were overtaxed; that the efficiency of the Police
Department should be increased; that the frills should be
cut from the budget; and that one source for additional
revenue is greater enforcement of the animal control
ordinance.
Mr. Roland Jensen, 914 South Hickory, who stated that a more
efficient police force was needed rather than more policeman.
Mr. Billy Hall, Executive Director, City Center Association,
who stated that his association supports the addition of 98
personnel to the Police Department for implementation of the
Crime Abatement Program which will promote shopping in the
downtown area once the safety of the shopper is secured.
Mr. Wayne Rash, 522 West First Street, who repeated a pre-
vious (June 26) recommendation by Mr. Mark Mulkerin to eliminate
the Council $50.00 per month travel allowance and compensation
for the various commissions, excluding the Planning Commission,
but discontinuing the Planning Commission's $25.00 monthly
expense allowance, for an estimated total saving of $16,000
per year.
Mr. J. Ogden Markel, who stated that it is not necessary to
increase the budget of the Police Department by 1½ million
dollars to reduce crime in the City; and that he favored
further reduction to the budget.
Councilman Yamamoto's motion to adopt the Budget, including
all changes approved to date by Council to the original pre-
liminary budget, was seconded by Councilman Brandt and carried
on the following roll call vote:
Ayes: Yamamoto, Brandt, Bricken, Ortiz Garthe,
Evans
Noes: Ward
Absent: None
The approved budget included the following reduction in
positions:
CITY COUNCIL MINUTES 322 JULY 21, 1975
NO.
POSITIONS
CLASS TITLE
Administrative
Assistant
Assistant
Coordinator
Assistant Planner
Building Inspector
Traffic Technician
Clerk
Construction
Inspector
Custodian I
Custodian II
Draftsman
Draftsman
Steno Clerk
Electrical
Inspector
Engineering
Draftsman
Firefighter I Fire
Grounds Maintenance Parks
Man I
Laborer I
Librarian II
Library Assistant
Library Clerk II
Grounds Maintenance
Man II
Maintenance Man
Motor Sweeper
Operator
Museum Curator Museum
DEPARTMENT
City Clerk
City Manager-
Centers
Planning
Building
Public Works-
Engineering
Public Works-
Engineering
Public Works-
Engineering
Museum
Parks
Public Works-
Engineering
Planning
City Attorney
Building
Public Works-
Engineering
Publ'ic Works
Library
Library
Library
Parks
Parks
Public Works-
Street
Patrolman (Motors) Police
EFFECTIVE
DATE
7-1-75
9-1-75
9-1-75
7-1-75
7-1-75
9-1-75
9-1-75
9-1-75
12-31-75
7-1-75
9-1-75
9-1-75
9-1-75
9-1-75
9-1-75
9-1-75
9-1-75
7-1-75
9-1-75
9-1-75
9-1-75
9-1-75
9-1-75
(1) 7-1-7S
(1) 9-1-75
9-1-75
CITY COUNCIL MINUTES 323 JULY 21, 1975
NO. DATE
POSITIONS CLASS TITLE DEPARTMENT EFFECTIVE
1
Senior Planner Planning
9-1-75
Truck Driver Parks
9-1-75
Tree Trimmer Parks
Helper
9-1-75
8
Typist Clerk I
Building (1)
City Manager-
Centers (3) 9-1-75
Finance (1) 9-1-75
Personnel (1) 9-1-75
Planning (1) 9-1-75
Recr. & Parks (1) 7-1-75
The Council consensus was that the Budget represents a
balanced approach to City government, continuing services
with minimal sacrifice to curb the City's rising crime rate;
that ample opportunity for citizen input had been provided;
and that Staff had worked diligently and responded effi-
ciently to Council's requests for changes and cuts in the
Budget. CA 65B
ORDINANCE NS-1267.1
EMERGENCY BUDGET ORDINANCE
Councilman Evans and carried
dissenting:
The following emergency
Ordinance was adopted on
the motion of Councilman
Yamamoto, seconded by
with Councilman Ward
AN EMERGENCY ORDINANCE NS-1267.1 OF THE CITY
OF SANTA ANA FIXING THE LIMITATIONS OF EX-
PENDITURES FOR THE SEVERAL FUNDS AND THE
FUNCTIONS, DEPARTMENTS AND ACTIVITIES OF
THE CITY FOR THE FISCAL YEAR COMMENCING
JULY 1, 1975.
CA 65B
Ordinance NS-1267.1 was adopted by title only
was waived on the unanimously approved motion
Evans, seconded by Councilman Yamamoto.
and full reading
of Councilman
ORDINANCE NS-1267 On the motion of
BUDGET ORDINANCE Councilman Yamamoto
seconded by
Councilman Bricken,
and carried (6-1) with Councilman Ward dissenting, the
following Ordinance was placed on first reading:
ORDINANCE NS-1267 - AN ORDINANCE OF THE CITY CA 65B
OF SANTA ANA FIXING THE LIMITATIONS OF EX-
PENDITURES FOR THE SEVERAL FUNDS AND THE FUNCTIONS,
DEPARTMENTS AND ACTIVITIES OF THE CITY FOR THE
FISCAL YEAR COMMENCING JULY 1, 1975
RECESS
10:25 P.M.
with all
At 10:10 P.M. Mayor
Garthe declared a
recess; the meeting
reconvened at
Councilmen present.
CITY COUNCIL MINUTES 324 JULY 21, 1975
PUBLIC HEARING Mayor Garthe declared
BUDGET FUNDING PROPOSALS the Public Hearing
open regarding the
proposed Ordinances
establishing a utility users' tax and raising the property
tax to fund the City's 1975-1976 Budget.
Mr. Charles Wheeler, 802 French Street, asked where the money
for the adopted budget was coming from; and stated that
Councilmen should learn to live on $76 per week.
Raymond Johnson, 3118 South Townsend, stated that he was
opposed to new taxes and would prefer an increase in the
property tax rather than a utility users' tax; and that
the Police Department is a fine one and needs more men and
he would fund the additional staff with an increased prop-
erty tax.
Tom McMichael of the East Orange County Board of Realtors said
he had attended the budget sessions; that he would like to see
further cuts in the budget in order to fund the police safety
program; that the Board of Realtors would rather see taxes
spread on as broad a base as possible and would prefer a 3%
utility users' tax to cut down on the increase in the property
tax.
Carl Brandl, 1130 Douglas, said that a citizen has to do
without anything he cannot afford to buy whereas the City
passes a budget and turns around and taxes to raise the funds;
that he wants the Police protection, but urges a further cut
in the budget.
Art Weaver, Vice President, B J Fibers, said that industries
in the community support the budget; that the economic stability
of the city depends upon industry; that industry will pass on
a utility users' tax to the customer who will have to pay for
it in either case; and that if the Council passes the utility
users' tax, it will be making a big mistake for the future of
this community.
Tom Brown, 3801 South Harbor, representing AMF Voit, opposed
the utility users' tax as a source of additional revenue; he
said that a 1% utility users' tax is equivalent to a 20¢
increase in the property tax; that there will probably be a
20% increase in the cost of utilities in 1976; that a 3%
increase in the cost of utilities must be offset by a 5%
increase in sales in order for a business to remain in com-
petition.
Rhoads MarZin, Chairman, Industrial Development Committee of
the Chamber of Commerce, opposed the establishment of a new
tax; that a utility users' tax redistributes the tax base and
doesn't make much difference to the average homeowner; but
that it would increase the effective tax on a small or medium
size industry by 280% making a tremendous impact on its business.
Wayne Rash, 522 East First, suggested that the Council consider
raising the property tax 31 cents and a further 5 cent increase
in 1976 if it is necessary; that because of a relationship be-
tween comsumption of alcoholic beverages and the crime rate, an
effort should be made to get approval of a City's tippler's
tax through the State legislature; and that the City negotiate
with employees for a salary increase in 1976 less than the 8%
that has been budgeted.
John Gilchrist, ITT Cannon, stated that the need for an
additional source of revenue had not been sufficiently
CITY COUNCIL MINUTES 325 JULY 21, 1975
demonstrated; that the utility tax is a penalty on manufac-
turing and operating business in contrast to warehousing and
storage facilities; and that over a period of time it will
result in a decline of job-producing industry in the City.
Harry Martin, said he is not opposed to the concept of those
that use should pay, but that the small industry will bear far
more of the burden that the larger industry.
Billy C. Hall, City Center Association, stated that his organ-
ization supports the crime prevention program; that they
recommend funding it through an increase in the property tax;
and that they are opposed to a utility users' tax.
As there were no further comments, Mayor Garthe closed the
public hearing. CA 65B
ORDINANCE NS-1263 Ordinance NS-1263
UTILITY USERS' TAX (5%) AN ORDINANCE OF THE
CITY COUNCIL OF THE
CITY OF SANTA ANA
ADDING ARTICLE VI, TO CHAPTER 35 OF THE SANTA ANA MUNICIPAL
CODE TO BE KNOWN AS THE UTILITY USERS TAX CODE (5% Tax), was
placed on second reading and moved for adoption by Councilman
Yamamoto, seconded by Councilman Ward. The motion failed to
carry on the following roll call vote:
Ayes: Yamamoto, Ward, Garthe
Noes: Brandt, Evans, Ortiz, Bricken
Absent: None
CA 65B
ORDINANCE NS-1268.1 Ordinance NS-1268.1
EMERGENCY UTILITY USERS TAX (3%) AN ORDINANCE OF THE
CITY OF SANTA ANA
ADDING ARTICLE VI, TO
CHAPTER 35 OF THE SANTA ANA MUNICIPAL CODE TO BE KNOWN AS THE
UTILITY USERS TAX CODE, DECLARING THE URGENCY THEREOF, AND
PROVIDING FOR IMMEDIATE EFFECT, was read by title only and fur-
ther reading was waived on the motion of Councilman Evans,
seconded by Councilman Ward and unanimously carried.
Councilman Bricken's motion, seconded by Mayor Garthe, to
adopt emergency ordinance NS-1268.1 failed to received the
required five affirmative votes and was defeated on the follow-
ing roll call vote:
Ayes: Bricken, Garthe, Yamamoto
Noes: Ward, Brandt, Evans, Ortiz
Absent: None CA 65B
RECESS
12:08 p.m. with all
At 11:56 p.m., Mayor
Garthe declared a
recess; the meeting
was reconvened at
Councilmen present.
CITY COUNCIL MINUTES
326 JULY 21, 1975
ORDINANCE NS-1268.1
EMERGENCY UTILITY USERS TAX (3%)
carried (4-2) with Councilmen Brandt
Councilman Evans moved,
Councilman Ward seconded,
to reconsider Ordinance
NS-1268.1; the motion
and Ortiz dissenting.
Ordinance NS-1268.1, previously considered by title only, was
defeated as an emergency ordinance on the motion of Council-
man Bricken, seconded by Councilman Ward, on the following
roll call vote:
Ayes: Bricken, Ward, Garthe, Yamamoto
Noes: Brandt, Evans, Ortiz
Absent: None
CA 6SB
ORDINANCE NS-1270.1 Ordinance NS-1270.1
EMERGENCY PROPERTY TAX ($1.73) was read by title
only and further
reading was waived
on the motion of Councilman Evans, seconded by Councilman
Brandt and unanimously (7-0) carried.
ORDINANCE NS-1270.1, AN EMERGENCY ORDINANCE NS-1270.1 OF THE
CITY OF SANTA ANA, CALIFORNIA, FIXING THE AMOUNT OF MONEY
ASCERTAINED TO FINANCE OPERATING AND CAPITAL EXPENDITURE
COSTS OF THE VARIOUS DEPARTMENTS OF THE CITY, AND TO PAY THE
BONDED INDEBTEDNESS FALLING DUE FOR THE CURRENT FISCAL YEAR
1975-76 FIXING THE RATE OF TAXATION FOR SAID CURRENT FISCAL
YEAR, AND DESIGNATING THE NUMBER OF CENTS OF TAX ON EACH
$100.00 OF ASSESSED VALUE FOR THE VARIOUS FUNDS OF SAID CITY
HEREBY LEVIED ON THE WHOLE OF THE TAXABLE PROPERTY IN SAID
CITY, failed to pass as an emergency ordinance (requires five
affirmative votes) on motion of Councilman Evans, seconded
by Councilman Brandt, on the following roll call vote:
Ayes: Evans, Brandt, Ortiz
Noes: Ward, Garthe, Yamamoto, Bricken
Absent: None CA 65B
ORDINANCE NS-12?0.1 Ordinance NS-1270.1,
EMERGENCY PROPERTY TAX ($1.61) AN EMERGENCY ORDINANCE
NS-1270.1 OF THE CITY
OF SANTA ANA, CALIF-
ORNIA, FIXING THE AMOUNT OF MONEY ASCERTAINED TO FINANCE
OPERATING AND CAPITAL EXPENDITURE COSTS OF THE VARIOUS DEPART-
MENTS OF THE CITY, AND TO PAY THE BONDED INDEBTEDNESS FALLING
DUE FOR THE CURRENT FISCAL YEAR 1975-76 FIXING THE RATE OF
TAXATION FOR SAID CURRENT FISCAL YEAR, AND DESIGNATING THE
NUMBER OF CENTS OF TAX ON EACH $100.00 OF ASSESSED VALUE FOR
THE VARIOUS FUNDS OF SAID CITY HEREBY LEVIED ON THE WHOLE OF
THE TAXABLE PROPERTY IN SAID CITY, was adopted as an emergency
ordinance on themotion of Councilman Bricken, seconded by
Councilman Evgns, on the following roll call vote:
Ayes: Bricken, Evans, Garthe, Brandt, Ward
Noes: Ortiz, Yamamoto
Absent: None CA 65B
CITY COUNCIL MINUTES
327 JULY 21, 1975
ORDINANCE NS-1270 Ordinance NS-1270, AN
PROPERTY TAX ($1.61) ORDINANCE OF THE CITY
OF SANTA ANA, CALIFORNIA,
FIXING THE AMOUNT OF
MONEY ASCERTAINED TO FINANCE OPERATING AND CAPITAL EXPENDITURE
COSTS OF THE VARIOUS DEPARTMENTS OF THE CITY, AND TO PAY THE
BONDED INDEBTEDNESS FALLING DUE FOR THE CURRENT FISCAL YEAR
1975-76 FIXING THE RATE OF TAXATION FOR SAID CURRENT FISCAL
YEAR, AND DESIGNATING THE NUMBER OF CENTS OF THE TAX ON EACH
$100.00 OF ASSESSED VALUE FOR THE VARIOUS FUNDS OF SAID CITY
HEREBY LEVIED ON THE WHOLE OF THE TAXABLE PROPERTY IN SAID
CITY ($1.61), was placed on first reading on tF~motion of
Councilman Evans, seconded by Councilman Bricken and carried
with Councilmen Ortiz and Yamamoto dissenting. CA 65B
ORDINANCE NS-1268.1 Ordinance NS-1268.1,
EMERGENCY UTILITY USERS AN ORDINANCE OF THE
TAX (3%) CITY OF SANTA ANA ADDING
ARTICLE VI TO CHAPTER
35 OF THE SANTA ANA MUNICIPAL CODE TO BE KNOWN AS THE UTILITY
USERS TAX CODE, DECLARING THE URGENCY THEREOF, AND PROVIDING
FOR IMMEDIATE EFFECT, was reconsidered on the approved notion
of Councilman Brandt, seconded by Councilman Evans with Council-
man Ortiz dissenting. CA 65B
Emergency
man Ward,
roll call
Ordinance NS-1268.1 was adopted on motion of Council-
seconded by Mayor Garthe and carried on the following
vote:
Ayes: Ward, Garthe, Bricken, Yamamoto, Brandt
Noes: Evans, Ortiz
Absent: None CA 65B
ORDINANCE NS-1264 Ordinance NS-1264, AN
5% UTILITY USERS' TAX MAXIMUM ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF
SANTA ANA AMENDING ARTI-
CLE VI OF CHAPTER 35 OF THE SANTA ANA MUNICIPAL CODE BY ADDING
SECTION 35-167 PROVIDING FOR A MAXIMUM AMOUNT PAYABLE UNDER THE
UTILITY USERS TAX, was tabled on the unanimously approved motion
of Councilman Ward, seconded by Councilman Evans. CA 65B
ORDINANCE NS-1269.1 Ordinance NS-1269.1,
EMERGENCY 3% UTILITY USERS AN ORDINANCE OF THE
TAX MAXIMUM CITY OF SANTA ANA
AMENDING ARTICLE VI
OF CHAPTER 35 OF THE SANTA ANA MUNICIPAL CODE ADDING SECTION
35-167 PROVIDING FOR A MAXIMUM AMOUNT PAYABLE UNDER THE
UTILITY USERS TAX CODE, DECLARING THE URGENCY THEREOF, AND
PROVIDING FOR IMMEDIATE EFFECT, was read by title only and
further reading was waived on the unanimously approved motion
of Councilman Evans, seconded by Councilman Ward.
Ordinance NS-1269.1 failed to pass as an emergency ordinance
on a motion by Councilman Ward, seconded by Mayor Garthe,
CITY COUNCIL MINUTES
328 JULY 21, 1975
on
the following roll call vote:
Ayes: Ward, Garthe, Brandt, Bricken
Noes: Evans, Yamamoto, Ortiz
Absent: None
CA 65B
ORDINANCE NS-1269 Ordinance NS-1269, AN
3% UTILITY USERS TAX ORDINANCE OF THE CITY
MAXIMUM COUNCIL OF THE CITY
OF SANTA ANA AMENDING
ARTICLE VI OF CHAPTER 35 OF THE SANTA /INA MUNICIPAL CODE
BY ADDING SECTION 35-167 PROVIDING FOR A MAXIMUM AMOUNT
PAYABLE UNDER THE UTILITY USERS TAX ($5,000.00), was placed
on first reading on motion of Councilman Ward, seconded by
Mayor Garthe and carried on the following roll call vote:
Ayes: Ward, Garthe, Bricken, Brandt
Noes: Ortiz, Yamamoto, Evans
Absent: None CA 65B
PROPERTY TAX RATE On the motion of
1976-77 Councilman Evans,
seconded by Councilman
Ward, Staff was directed
to plan the City's budget for the fiscal year 1976-77 with a
property tax rate to be maintained at $1.61 per $100.00 assessed
valuation; the motion was carried (7-0) unanimously. CA 65B
RESOLUTION NO. 75-95 Resolution No. 75-95,
AMBULANCE PURCHASE A RESOLUTION OF THE
CITY COUNCIL OF THE
CITY OF SANTA ANA
WAIVING NORMAL BIDDING REQUIREMENTS IN ORDER TO EXPEDITE THE
PURCHASE OF AN AMBULANCE AND APPURTENANCES FOR USE BY THE
SANTA ANA FIRE DEPARTMENT, was adopted (S-2) on the motion
of Councilman Evans, seconded by Councilman Yamamoto, with
Councilmen Ward and Ortiz dissenting. CA 89A
PARK DEDICATION It was announced that
KENNETH E. MORRISON PARK the luncheon-dedication
of the Kenneth E.
Morrison Park will
be held at 12:00 noon on August 12, 1975 at the Spurgeon
Methodist Church, 1025 W. Memory Lane, and that the tickets
are $3.00. CA 52
ADJOURNMENT
Mayor Garthe adjourned
the meeting at 12:40 P.M.
FLORENCE I. MALONE
CLERK OF THE COUNCIL
CITY COUNCIL MINUTES 329 JULY 21, 1975
CITY COUNCIL MINUTES