HomeMy WebLinkAbout01-05-1976MINUTES OF THE ADJOURNED REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
January 5, 1976
The Adjourned Regular Meeting of the City Council was called
to order at 12:15 P.M., by Mayor John Garthe, in Room 831,
City Hall, 20 Civic Center Plaza. Proper Notice and Posting
of the meeting had been given, with affidavits on file in the
office of the Clerk of the Council. Following the Pledge of
Allegiance to the Flag and the Invocation, roll call was
answered by Councilman Gordon Bricken, David F. Ortiz, Harry
K. Yamamoto, Vernon S. Evans, David L. Brandt, James E. Ward
and Mayor John Garthe. The following staff members were
pre~ent: City Manager Bruce C. Spragg, City Attorney Keith
Gow, Director of Public Works Ronald Wolford and Clerk of the
Council Florence I. Malone. Tom Blackman, Jr., representing
Great Western Reclamation, and Lynn O'Dell of "The Register"
were also present.
LOWELL MINI NATURE PARK Council approved
SIGN DESIGN the sign design for
APPROVED Lowell Mini Nature
Park which was exhibited
by Ron Ono, Recreation and Park Department, on motion of
Councilman Evans, seconded by Councilman Brandt, and carried
with Councilman Ward dissenting. CA S2
REFUSE COLLECTION CONTRACT Staff was authorized
GREAT WESTERN RECLAMATION to enter into negotia-
REFERRED tions with Great
Western Reclamation
to amend its present contract for refuse collection, and
return the negotiated contract for Council review prior to
setting a public hearing on the matter, on the unanimously
approved motion of Councilman Yamamoto, seconded by Council-
man Bricken.
Prior to the motion, Council considered and discussed the
staff report dated December 31, 1975 dealing with the Great
Western Reclamation request for a two-year extension of its
present contract. CA 11.4
A-6-21-71
EXECUTIVE SESSION Council recessed at
NO ACTION 1:2S P.M., for an
Executive Session
regarding personnel
matters, on the unanimously approved motion of Councilman
Bricken, seconded by Councilman Evans.
ADJOURNMENT
At 1:55 P.M. Council
reconvened with the
same members present,
and immediately adjourned.
I~LORENCE I. MALONE
FLOREN~CE i~ MALONE
CLERK OF THE COUNCIL
CITY COUNCIL MINUTES
1 JANUARY 5, 1976
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
January 5, 1976
The meeting was called to order at 2:00 P.M. in the Council
Chambers, 22 Civic Center Plaza, by Mayor John Garthe, with
the following Council members present: Gordon Bricken, David
F. Ortiz, Harry K. Yamamoto, Vernon S. Evans, David L. Brandt,
James E. Ward, and Mayor John Garthe. Also present were
Assistant City Manager Thomas J. Andrusky, City Attorney
Keith L. Cow, Director of Public Works Ronald Wolford, Director
of Planning Charles C. Zimmerman, Police Chief Raymond C.
Davis, and Clerk of the Council Florence I. Malone.
INVOCATION
PLEDGE OF ALLEGIANCE
man Brandt.
Following the Pledge
of Allegiance to the
Flag, the Invocation
was given by Council-
RECESS At 2:01 P.M. Council
COMMUNITY REDEVELOPMENT AGENCY recessed to convene
the Adjourned Regular
Meeting of the Com-
munity Redevelopment Agency; Council reconvened at 2:22 P.M.
with all Council members present.
BICENTENNIAL FREEDOM TRAIN
DISTRIBUTION OF TICKETS
to citizens attending the meeting.
Free tickets for the
Bicentennial Freedom
Train event were
distributed by Council
PUBLIC HEARING - PROPOSED SALE Mayor Garthe announced
SANTA ANA TOWERS SITE that this was the time
CONTINUED and place set for the
continuation of the
public hearing from December 15, 1975 by the City Council on
the proposed sale of the Santa Aha Towers Site north of First
Street, south of Second Street, between Ross and Birch Streets,
by the Redevelopment Agency to National Housing Consultants,
Inc. The public hearing was immediately continued to January 19,
1976, at 2:00 P.M., in the City Council Chambers, on the (5:2)
motion of Councilman Ortiz, seconded by Councilman Ward, with
Councilmen Brandt and Evans dissenting. CA 137.8
CONSENT CALENDAR The following items
ITEMS REMOVED & were removed from
DISSENTING VOTES the Consent Calendar:
Item 2 E by Councilman
Ward (to be considered following Item 63); Item 2 A requested
by Councilman Evans; Item 3 B requested by Councilman Bricken;
Item 3 A requested by Councilman Ortiz. The following Coun-
cilmen registered NO votes: Councilmen Brandt and Evans on
Item 10; Councilman Evans on 12 C; Councilman Bricken on 2C;
and Councilman Yamamoto on 6 B.
CITY COUNCIL MINUTES
3 JANUARY 5, 1976
CONSENT CALENDAR On the unanimously
STAFF RECOMMENDATIONS carried (7:0) motion
APPROVED of Councilman Evans,
seconded by Council-
man Brandt, Council affirmed the recommended action on the
following Consent Calendar Items:
MINUTES
8, 1975.
Approved the Minutes
of the Adjourned Regu-
lar Meeting of December
BID CALLS Approved plans and
specifications, and
authorized advertise-
ment for bids on the following:
SPEC. 76-002 Protective Safety Vests,
223 additional vests for Police Officers.
SPEC. 76-003 - Holsters, Clip Pouches
and Leather Goods, for Police Department
(Councilman Bricken registered a NO vote.)
SPEC. 76-004 Metal shelving and neces-
sary hardware to assemble shelf units for
the Police Department.
PROJ. 8066 Construct bicycle trail along
the F-02 Channel from Edinger to Warner.
DEEDS, NO CASH Received and filed
GRANTEE, CITY Report of No-Cash
Deeds accepted by the
City Manager, pursuant to Resolution 69-156, from
December 9 through December 30, 1975, inclusive.
DEEDS WITH CASH
GRANTOR CITY
necessary documents in
Approved the following
deeds and authorized
Mayor to sign all
connection with the sales:
Easter Island, Ltd., Austero and Burton -
Southwest corner Civic Center Drive West
and Baker Street surplus property.
Metro Oil Products, Inc. North side of
First Street between Townsend and Daisy -
surplus property.
William L. Leonhardt Northeast corner of
First and Daisy - surplus property.
Ephraim Beard - North side First Street
East of Bristol - surplus property.
Maurice Lebanoff - Northwest corner of
First Street and Olive Street - surplus
property.
Delhi Organization -
Halladay and Central
(Councilman Yamamoto
Southwest corner of
surplus property.
registered a NO vote.)
CA 89
CA 155
CA 155
CITY COUNCIL MINUTES
JANUARY 5, 1976
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued
TENTATIVE PARCEL MAPS Approved and filed the
Negative Declaration,
approved the following
Map subject to conditions contained in Planning
Director's report, and waived alley requirement:
MAP NO. 944 Filed on November 21, 1975, by
Parkcenter Corporation creating four (4) LP
parcels; all proposed parcels to be used for
professional and business offices; generally
located between Fourth, Fifth, Dianne and
Tustin Avenue.
FINAL PARCEL MAPS Approved the following
Map in accordance with
State Map Act provision,
and accepted the dedications thereon:
MAP NO. 939 East of Yale Street north of
Warner Avenue; eight lots.
CHANGE ORDERS
Approved the following
Change Order:
PROJECT 7036 - Change.Order #1 increasing
the cost of renovating the Fire Station at.
531 North Figueroa Street for Santa Anita
Community Center by $260.00 to construct a
stem wall to meet Building Code requirement.
(Councilmen Brandt and Evans registered NO
votes.)
SURPLUS PROPERTY Determined the follow-
ing parcel can only
have real value to the
adjacent landowners and could be used by other
persons only for the purpose of nuisance value to
such adjacent owners, and authorized the sale by
direct negotiation to adjacent owner, Ferris H.
Scott:
NO. 75-32 ~ Northwest corner Santa Ana
Boulevard and Logan Avenue.
AGREEMENTS Approved the following
Agreements and author-
ized their execution by
the Mayor and Clerk:
WATER MAIN REIMBURSEMENT - Between City and
Irvine Industrial Complex Reimbursement for
12~inch water main installed in Red Hill. Ave-
nue from Dyer Road to Carnegie Avenue in
November 1973 and from Carnegie Avenue toward
Warner Avenue in August 1974.
ENGINEERING SERVICES (ASSESSMENT DISTRICT 240
SILVER ACRES) Between City and Berryman,
Mohle, and Stephenson Associates to perform
engineering services in connection:with the
District.
CA 25
CA 25.2
CA 89
CA 45
A-76~1
A-76-2
CITY COUNCIL MINUTES 5 JANUARY 5, 1976
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued
TEMPORARY WATER INTERCONNECTION - Between
City and the Costa Mesa Water District to fur-
nish water outside the City limits for a
period not to exceed two years.
(Councilman Evans registered a NO vote.)
SECOND AMENDMENT - OLD CITY HALL SALE
Between City and Del Pueblo Management Co,
TRAFFIC Received and filed
Report of Control
Devices Removed or
Installed December 9 through December 30, 1973,
inclusive.
COUNCIL REFERRAL SUMMARY Received and filed
status Report of
matters referred to
Staff by Council from the Clerk of the Council.
PROCLAMATIONS
Mayor from December
1976.
Received and filed
Report of Proclama-
tions issued by the
1975 through January 4,
* * * * * * * * CONSENT CALENDAR FINIS * * * * * *
A=76=3
A-76-4
A-73-10
CA 18.5a
CA 80.2
CA 46
BID CALL - SPEC. 76-001 On the unanimously
MUSEUM PROMOTIONAL BROCHURES carried (7:0) motion
APPROVED; REFERRED of Councilman Ward,
seconded by Councilman
Evans, Council approged plans and specifications and auth-
orized advertisement for bids, subsequent to their review
by the Public Information Officer, on the following:
SPEC. 76-001 - Charles W. Bowers Museum
Promotional Brochures, 100,000 copies to
be distributed to hotel, motel and conven-
tion facilities throughout the Seuthern
California area.
CA 89
AGENDA ORDER
BID CALL - PROJECT 1379
The following Bid
Call was considered
following Item 65
on the public agenda:
PROJ. 1379 - Widen the south side of Santa
Aha Boulevard from Garnsey Street to Patton
Street.
BIDS FOR TEAM Council rejected all
POLICING EVALUATOR proposals submitted on
REJECTED · November 14, 1973, for
revision of the Request
for Proposal, and authorized advertising for rebid on the
following, on the unanimously carried (7:0) motion of Council-
man Ward, seconded by Councilman Evans:
CITY COUNCIL MINUTES 6 JANUARY 5, 1976
TEAM POLICING EVALUATION For an evatuator
to monitor and review team policing opera-
tions as required by Law Enforcement Assistance
Administration.
CA 89
BID AWARD - PROJECT 7068 Council awarded the
EVERCOATE SPECIAL COATING following on the basis
APPROVED on the basis of lowest
responsible and best
bidder on base bid and Alternates 1 and 2 for a total amount
of $2,791.00, on the unanimously carried (?:0) motion of Coun-
cilman Brandt~ seconded by Councilman Evans:
PROJECT ?068 Paint Bowers Museum; awarded
to Evercoate Special Coating, Downey.
CA 89
ORDINANCE NS-1286
NUMBER OF DOGS
ADOPTED
motion (7:0) of Councilman Evans,
Yamamoto:
The following ordinance
was placed on second
reading and adopted on
the unanimously carried
seconded by Councilman
ORDINANCE NS-1286 - AN ORDINANCE OF THE CITY OF
SANTA ANA AMENDING CHAPTER 5 OF THE SANTA ANA
MUNICIPAL CODE FOR THE PURPOSE OF INCREASING
THE ALLOWABLE NUMBER OF DOGS WHICH MAY BE MAIN-
TAINED FOR ANY PURPOSE ON PREMISES IN THE CITY
OF SANTA ANA WITHOUT A KENNEL PERMIT.
CA 95
ORDINANCE NS-1287 Council placed the
THEATERS - ABATEMENT OF NUISANCE --following amended
FIRST READING ordinance on first
reading on the
unanimously carried (7:0) motion of Councilman Yamamoto,
seconded by Councilman Evans: -
ORDINANCE NS-1287 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA ADDING SECTIONS
12-100 THROUGH 12-105 TO THE SANTA ANA MUNICIPAL
CODE DECLARING THE COMMERCIAL EXPLOITATION OF
PATENTLY OFFENSIVE SEXUAL CONDUCT IN LEWD FILMS
AND THEATERS EXHIBITING THE SAME TO BE A PUBLIC
NUISANCE AND ORDERING THEIR ABATEMENT.
Mrs. Lee Ogorek, 2202 North Pacific, commended Council
for the foregoing action.
CA 149
ORDINANCE NS-1288 The following ordinance
SURPLUS & SCRAP PROPERTY was placed on second
ADOPTED reading and adopted on
motion of Councilman
Yamamoto, seconded by Councilman Bricken, and carried (4:3),
with Councilmen Ward, Brandt and Evans dissenting:
ORDINANCE NS-1288 AN ORDINANCE OF THE CITY OF
SANTA ANA AMENDING SECTIONS 2-700 THROUGH 2-704
OF THE SANTA ANA MUNICIPAL CODE, PERTAINING TO
SURPLUS AND SCRAP PROPERTY.
CA 45
CITY COUNCIL MINUTES
7
JANUARY 5, 1976
RESOLUTION 76-1
HR-9801 - FEDERAL REGULATIONS
ADOPTED
Evans, seconded by Councilman Ward:
Council adopted the
following resolution
unanimously (7:0), on
motion of Councilman
RESOLUTION NO. 76-1 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF
HR-9801 (Congressional overview of Federal Regu-
lations).
CA 57.1
RESOLUTIONS 76-2, 76-3, 76-4
CONDEMNATION - WIDEN 17TH STREET
ADOPTED
Councilman Ward, and carried (6il),
dissenting on each one:
The following resolu-
tions were adopted on
motion of Councilman
Evans, seconded by
with Councilman Brandt
RESOLUTION NO.~76-2 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING
CONDEMNATION OF REAL PROPERTY FOR STREET WID-
ENING OF SEVENTEENTH STREET FROM ROSS TO OLIVE
STREET (A.P. 2-104-37).
CA 71
RESOLUTION NO. 76-3 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING
CONDEMNATION OF REAL PROPERTY FOR STREET WIDEN-
ING OF SEVENTEENTH STREET FROM ROSS TO OLIVE
STREET (A.P. 2-094-17.
CA 71
RESOLUTION NO. ?6-4 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING
CONDEMNATION OF REAL PROPERTY FOR STREET WIDEN-
ING OF SEVENTEENTH STREET FROM ROSS TO OLIVE
STREET (A.P. S-ill-4).
CA ?1
RESOLUTION 76-5 Council unanimously
RIGHT-OF-WAY SOUTH MAIN ST. (7:0) adopted the
ADOPTED following resolution
on motion of Council-
man Evans, seconded by Councilman Ward:
RESOLUTION NO. 76-5 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA GRANTING RE-
VOCABLE PERMISSION TO BRYN BERGE TO USE A POR-
TION OF THE RIGHT-OF-WAY OF SOUTH MAIN STREET.
CA 45.1
COUNTY SERVICE AREA Garden Grove Resolution
UNINCORPORATED COUNTY AREAS No. 4922-75 requesting
REFERRED the Orange County Board
of Supervisors to es-
tablish a County service area in unincorporated areas of
the County and transmitted to all incorporated cities in
Orange County was referred to Staff for investigation and
report on the motion of Councilman Evans, seconded by CA 112
Councilman Ward and carried (7:0) unanimously. CA 100
CITY COUNCIL MINUTES 8 JANUARY $, 1976
U.S. CONFERENCE OF MAYORS Payment of $1,800 for
CITY MEMBERSHIP the 1976 annual dues
DISAPPROVED for the United States
Conference of Mayors
was disapproved on the motion of Councilman Bricken, seconded
by Councilman Yamamoto and carried (7:0) unanimously. Al-
though Mayor Garthe expressed his favorable impression of
the United States Conference of Mayors, Councilman Yamamoto
stated that the City is a member of the National League of
Cities and Councilman Evans noted that Santa Ana shares the
cost of a Man in Washington.
CA 150
UTILITY USERS TAX
EXEMPTION REQUEST - FILED Smith of Telephone
REQUEST FOR MAXIMUM - REFERRED Answering Bureau dated
December 5, 1975, re-
questing an exemption from the Utility Users Tax was re-
ceived and filed, and the letter dated December 29, 1975
from Ben Paschall, Executive Manager of the Greater Santa
Aha Chamber of Commerce transmitting its resolution urging
the City Council to enact a maximum annual limit per estab-
lishment of $3,500 or less to the Utility Users Tax was
referred to Staff for investigation and report on the mo-
tion of Councilman Evans, seconded by Councilman Ward and
carried (7:0) unanimously. Mayor Garthe reported that Mr.
Smith had withdrawn his request for exemption.
A letter from George W.
CA 65B
AMENDMENT TO HOUSING ASSISTANCE The letter dated
PLAN - STATUS REPORT December 2, 1975, from
FILED the Planning Commission
reporting the public
hearings held regarding the revised goal statement of the
Housing Assistance Plan, and the status report dated Decem-
ber 12, 1975, made by the Assistant to the City Manager,
Manuel Rede, regarding the Housing Assistance Plan of the
Housing and Community Development Block Grant Program were
received and filed on the motion of Councilman Evans,
seconded by Councilman Ward and carried (7:0) unanimously.
CA 140.20
COMMUNITY DEVELOPMENT PROGRAM
GRIEVANCE PROCEDURE Procedure for the
ADOPTED Community Development
Program, reviewed by
the Community Development Management Team and approved by
the Planning Commission, was adopted with the recommended
revision on the motion of Councilman Evans, seconded by
Councilman Ward and carried (7:0) unanimously.
The proposed Grievance
CA 140.20
HUMAN RELATIONS COMMISSION The request of the Human
TRAVEL REQUEST Relations Commission
APPROVED that five Commissioners
attend a one-day seminar
entitled "Trends in Delinquency Diversion" to be held in
Newport Beach on January 17, 1976, with a registration fee
of $8 each was approved on the motion of Councilman Evans,
seconded by Councilman Ward and carried (7:0) unanimously.
Councilman Ward recommended that each member of the Human
CITY COUNCIL MINUTES
9 JANUARY 5, 1976
Relations Commission receive a copy of Police Chief Davis'
report on the Criminal Justice Council Proposal for the
development of treatment programs for juvenile status
offenders.
CA 131.1
PETITION TRAFFIC SIGNAL The letter dated
BORCHARD & MAIN STREETS December 22, 1975
REFERRED from Councilman Ortiz
and the petition con-
taining 1,000 signatures requesting a traffic signal
at Borchard and Main Streets was referred to Staff for in-
vestigation and report on the motion of Councilman Evans, CA 18.3
seconded by Councilman Ortiz and carried (7:0) unanimously.CA15]..
ANNUAL FINANCIAL REPORTS
PERIOD ENDING JUNE 30, 1975
FILED
Year July 1, 1974 to June 30,
tor, Diehl Evans and Company,
motion of Councilman Evans,
carried (7:0) unanimously.
The Financial Report
and the Report of
Revenue and Expendi-
tures for the Fiscal
1975 prepared by City Audi-
was received and filed on the
seconded by Councilman Ward and
CA 65.4
AGENDA REVIEW COMMITTEE
REPORT RECOMMENDATIONS
as follows:
The seven recommenda-
tions of the Agenda
Review Committee were
acted on individually
The recommendation to delete BID CALLS from
the agenda with a corresponding change in the
recommendation for Bid Awards was DISAPPROVED
on a 1:6 vote on Councilman Yamamoto's motion,
seconded by Councilman Evans, with Councilmen
Ward, Brandt, Garthe, Yamamoto, Bricken and
Ortiz dissenting.
The recommendation to delete the TRAFFIC REPORT
from the agenda, direct the City Attorney to
revise Section 36-29 of the Municipal Code to
provide for the change, and place a copy of the
Traffic Report in the Council Reading File for
each meeting was APPROVED on the motion of
Councilman Ward, seconded by Councilman Bricken
and carried 5:2 with Councilmen Evans and
Yamamoto dissenting.
The recommendation to substitute a one-page
summary in the Council packet in lieu of the
complete text of AGREEMENTS which will be
available in the Clerk's Office, the cart
at the Council meeting, and in the Council
Reading file, was APPROVED on the motion of
Councilman Ortiz, ~ by Councilman
Bricken and carried 6:1 with Councilman Yama-
moto dissenting.
CITY COUNCIL MINUTES
10
JANUARY S, 1976
De
The recommendation to delete from the a~enda
report of NO-CASH DEEDS where the City is
the Grantee was APPROVED on the motion of
Councilman Evans, seconded by Councilman
Bricken and carried 4:3 with Councilmen Ward,
Yamamoto and Ortiz dissenting.
The following recommendation of the Committee
was APPROVED: The City Attorney was directed
to prepare an ordinance to provide that all
CHANGE ORDERS which cumulatively total five
percent or less of the total contract award
or $2,000, whichever is less, shall be approved
by the City Manager and all other change orders
to be ratified by the Council, on the motion
of Councilman Ward, seconded by Councilman Ortiz
and carried 6:1 with Councilman Yamamoto dis-
senting.
The recommendations regarding Council action on PLANNING
CO~ISSION MATTERS were REFERRED to the City Attorney for a
report and recommendation, which would include a procedure
to satisfy the legal requirements for action on Environ-
mental Impact Reports for the alternatives proposed, on the
motion of Councilman Ward, seconded by Councilman Bricken
and carried 4:3 with Councilmen Brandt, Evans and Yamamoto
dissenting. CA
75.5
SENIOR CITIZENS HOUSING The progress report on
PROGRESS REPORT the Senior Citizen
FILED Housing dated December
23, 1975, prepared by
the Assistant to the City Manager, Manuel Rede, was received
and filed on the motion of Councilman Evans, seconded by
Councilman Brandt and carried (7:0) unanimously. CA 137.8
PROPOSED ANNEXATION - The research report
DEODAR & 17TH STREET NORTH dated December 19, 1975
REPORT FILED; STAFF TO NEGOTIATE indicating that 85% of
the present residents
were not interested in annexing to the City of Santa Ana
was received and filed on the motion of Councilman Evans,
seconded by Councilman Ortiz and carried (7:0) unanimously.
In addition, Staff was directed to negotiate with the County
to provide the Deodar and Seventeenth Street North County
island with City police, fire and paramedic services on the
motion of Councilman Ward, seconded by Mayor Garthe and
carried 6:1 with Councilman Ortiz dissenting. CA 94
RE CE SS
convened with the same
At 4:00 P.M. Mayor
Garthe declared a
recess and at 4:07 P.M.
the meeting was re-
Councilmen present.
CITY COUNCIL MINUTES
11
JANUARY 5, 1976
REQUEST FROM "LIONETTES" As recommended by the
PROFESSIONAL SOFTBALL TEAM Public Information
GRANTED Officer in his report
of December 24, 1975,
the Santa Ana Lionettes were granted a 30-day exclusive nego-
tiating period (January 5, 1976 to February 2, 1976) for
the purpose of establishing an agreement with the City for
a Women's Professional Softball Team to be based in Santa
Aha and including a right of first refusal for dates being
reserved for the Santa Ana Stadium between May 1 and August
30, 1976, on the motion of Councilman Evans, seconded by
Councilman Ortiz and carried (7:0) unanimously. CA 52
CITY OF ANAHEIM The request of the City
REQUEST FOR SHOWMOBILE USE of Anaheim dated Dec-
APPROVED ember 15, 1975 for the
use of the showmobile
with waiver of fees from January 9 to 13, 1976, in conjunc-
tion with the Freedom Train exhibit, was approved; and
Staff was directed to affix a City of Santa Ana emblem and
a Bicentennial emblem on the showmobile, on the motion of
Councilman Ward, seconded by Councilman Yamamoto and carried
(6:1) with Councilman Evans dissenting. CA
52
AGREEMENTS FOR In accordance with the
FIRE DEPARTMENT FILM recommendation of the
APPROVED Public Information
Officer, Frank Blaszcak,
letters of agreement negotiated with California State Uni-
versity at Fullerton and with the Santa Ana Fireman's
Benevolent Association for the production of a 22-minute
film about the Santa Ana Fire Department were approved and
execution by the Mayor and Clerk was authorized on the mo-
tion of Councilman Evans, seconded by Councilman Bricken
and carried (7:0) unanimously.
A-76-5
A.A. #76 - CETA VI Appropriation Adjustment
SIDEWALK CONSTRUCTION PROGRAM #76 to provide a budget
APPROVED to continue the CETA VI
sidewalk construction
program to June, 1976, was approved on the motion of Council-
man Evans, seconded by Councilman Ward and carried (7:0)
unanimously. CA
65.3
A.A. #85 & BID CALL PROJECT 1379 Appropriation Adjustment
WIDEN SANTA ANA BOULEVARD #85 (requiring five
DISAPPROVED; REFERRED affirmative votes) was
disapproved on a 4:3
vote to Councilman Evans' motion seconded by Councilman
Bricken and dissented to by Councilmen Ward, Brandt and
Ortiz. A subsequent motion directing Staff to bring back
to Council an alternate bid call on the following proposal,
made by Councilman Ward, seconded by Councilman Brandt,
carried (5:2) with Councilmen Evans and Bricken dissenting:
PROJ. 1379 Widen the south side of Santa
Aha Boulevard from Garnsey Street to
Parton Street.
CA 65.3
CITY COUNCIL MINUTES 12
JANUARY 5, 1976
STREET LIGHTING REPORT The Street Lighting
CONTINUED Report scheduled for
this meeting was con-
tinued to March 1,
1976, awaiting a report from the Community Development Team
and Community Planning Program Consultants on the motion
of Councilman Evans, seconded by Councilman Bricken and
carried (7:0) unanimously. CA 29.3
REALIGNMENT OF MC FADDEN The report of the Public
REFERRAL ITEM #224 Works Director dated
FILED December 30, 1975, in
response to a request
by the South Main Improvement Association for reconsidera-
tion of the priority of the Main Street realignment at
McFadden, was received and filed; and Council Referral Item
#224 was deleted on the motion of Councilman Evans, seconded
by Councilman Ward and carried (7:0) unanimously. CA 29.7
GRANT APPLICATION In accordance with
JUVENILE OFFENDERS - the recommendation of
AUTHORIZED Police Chief Raymond
Davis in his report
of December 31, 1975, the filing of a conditional grant
application with the Criminal Justice Council for approxi-
mately $87,000 to perform diversion and youth services, with
primary emphasis upon status offenders was authorized on
the motion of Councilman Evans, seconded by Councilman
Yamamoto and carried (7:0) unanimously. Chief Davis orally
reported his opposition to implementing this program on a
regional basis, as proposed by the Criminal Justice Coun-
cil.
~ See Addendum Page 13 A
ORAL COMMUNICATION
WAIVER OF FEE - VARIANCE APPLICATION
DENIED
CA 112.6d
CA 140.15
CA 47
The oral request of
Reverend Carlos
Abernathy for a waiver
of the $250 filing fee
for a Variance Application to establish a youth counseling
facility was denied on the motion of Councilman Bricken,
seconded by Councilman Evans and carried (7:0) unanimously.
A prior motion by Councilman Yamamoto to refer the matter
to Staff for investigation and report failed for lack of CA 13
a second. CA 151.2
HIRING MORATORIUM Due to the economi,c
DECLARED uncertainty of revenue
REP-~RDERED sharing manpower and
other factors, a
moratorium was declared on all hiring without the express
approval of the City Council; and Staff was requested to
prepare a report on the impact of this action, on the mo-
tion of Councilman Evans, seconded by Councilman Brandt and
carried (7:0) unanimously. CA 50
RECESS At 4:40 P.M. Mayor
EXECUTIVE SESSION Garthe recessed the
Council Meeting to
Executive Session to
discuss legal and personnel matters; at 5:00 P.M. the
Council meeting was reconvened with the same Councilmen
present.
CITY COUNCIL MINUTES
13 JANUARY 5, 1976
PROPOSED SLIDE PROGRAM TO Mr. Claude Pomeroy
PROMOTE REDEVELOPMENT presented a slide
REFERRED program designed to
be used to inform the
citizenry about the operation and advantages of redevelop-
ment. The Council informally unanimously referred Mr.
Pomeroy to the Director of the Redevelopment Agency to
determine whether the program would be of interest to the
City. CA 152.1
RECESS
the meeting was
reconvened with the
At 5:30 P.M., the
Mayor recessed the
Council Meeting for
dinner; at 7:30 P.M.
same Councilmen present.
INVOCATION The Pledge of Allegiance
PLEDGE OF ALLEGIANCE to the Flag led by Boy
Scout Pack #249, Gene
Reed, Leader, was
followed by the Invocation given by Reverend Wilbur Parry, CA 9.10
Jr. of the Camile Christian Church. CA 80.17
CERTIFICATE OF APPRECIATION Mr. Marcus Nava of
BOY SCOUTS OF AMERICA the Orange County
TO COUNCILMAN ORTIZ Council, Boy Scouts
of America, presented
a Certificate of Appreciation to Councilman David F. Ortiz
for his efforts in assisting the Boy Scouts in their recent
Scout-O-Rama. Councilman Ortiz accepted saying it was his
pleasure and offering his continued support. CA 73A
ANNOUNCEMENT
BICENTENNIAL CARPET
Chambers and suitable
available for loan to
request at the office of the Public Information Officer.
Mayor Garthe announced
that a Bicentennial
Carpet like the one
hanging in the Council
for use at Bicentennial events is
various organizations making such a
CA 42.5
PUBLIC HEARING - APPEAL NO. 359 Mayor Garthe announced
EtR 74-6; VA 75-50 that this was the time
DENIED APPEAL and place for public
hearing of Appeal No.
359 filed by Citizens for Fair Zoning Association, of the
Environmental Impact Report 74-6 in connection with Variance
Application 75-50 filed by Parkcenter Corporation for 314
two-story apartment units on a 12.1 acre site located on
the southwest corner of Fruit Street and Dianne Street in
the RI and R4 zones. The purpose of the Variance is to
allow parking and portions of two-story apartment buildings
in the Ri District and two-story apartment buildings within
150' of property zoned Ri.
William Daugherty, Senior Planner, described the project and
stated that the Ri zone is a 100' strip abutting Fruit Street
for the entire length of the property for a total area of
CITY COUNCIL MINUTES
14 JANUARY 5, 1976
Addendum:
BICENTENNIAL PAGEANT REPORT The report scheduled to
CONTINUED be considered January 5,
1976, was continued to
January 19, 1976, on the
unanimously carried (7:0) motion of Councilman Ward, seconded
by Councilman Evans. CA 42.5
CITY COUNCIL MINUTES 13A JANUARY 5, 1976
1.4 acres; that the remaining portion of the project south
of the Ri is a 10.7 acre parcel entirely zoned R4; that
the density of the present project is 400 units less than
what was originally submitted on the Master Plan for tlle
area; that the Environmental Impact Report considered all
aspects of this project as well as the impact of alternative
projects under the present zoning; and that the present
zoning would permit 650 units without the need of a variance.
In response to the Mayor's inquiry, the Clerk reported that
there had been no written communications regarding this
Appeal.
Mayor Garthe asked for speakers in favor of the Appeal.
Mrs. Lee Kearney, 901 Mirasol Street, spoke in behalf of
the Citizens for Fair Zoning Association and stated that the
Environmental Impact Report was inaccurate, outdated and
deficient; that the traffic impact was incomplete; that
the subject of water quality had not been treated as a sep-
arate subject and dealt with adequately; that it does not
address itself to alleviating water and gas consumption;
and the issue described by Mrs. Kearney as the most critical,
the violation of the 100 foot Ri buffer zone, was not re-
cognized; that the Association would like the Ri zone
maintained to insure the investment of the citizens in the
adjoining residential areas; and that such had been the in-
tention of the Council that created the buffer zoning. She
requested Council to reject the EIR and to deny the Variance
because it does not maintain the integrity of the neighbor-
hood.
Howard Wright, 901 Dianne Street, stated that
presently a water and drainage problem in the
with traffic.
there is
area along
Emmett Rink, owner of property near Cabrillo Park, stated
that the traffic problem was "getting out of hand".
Those persons speaking in opposition to the Appeal were:
Mr. Robert Davis, 80 Brookhollow Drive, representing the
developer, presented a series of slides designed to show how
the proposed project will look along with drawings to show
the traffic pattern entering and leaving on Dianne Street.
Mr. Mike Ahlering of Ultrasystems, the consultant firm that
prepared the Draft Environmental Impact Report, described
the proposed berm area surrounding the project as being 17
feet at the narrowest point and 25 feet at its widest point;
that the supplemental matrix was designed to rate the various
alternative uses of the property as presently zoned against
each other as to detrimental effects to the environment.
Mr. Davis explained further that the project had been de-
signed with sensitivity to interface the Ri zone; that they
had tried to develop with as great a buffer as possible, a
high berm and tree plantings; that the buildings would not
be visible from Fruit Street in a few years due to the dense
screening; and that there is no vehicular access on Fruit
Street.
CITY COUNCIL MINUTES
15 JANUARY 5, 1976
In rebuttal, Mrs. Kearney stated that the general plan for
the property development has completely changed from what
was originally presented at the time the Mabury property
was rezoned; that the overall density is too severe; that
the EIR shoul8 not be a useful "tool" for the developer;
and that adverse impacts to the area will result from the
Lake Dianne Project.
The public hearing was closed by Mayor Garthe after hearing
no more requests to speak.
In answer to Mayor Garthe's questions, Ronald Wolford, Public
Works Director, stated that the project would be supplied
with City water and quality would not be an issue; and that
the drainage was in a southerly direction and had been ade-
quately provided for.
Responding to Councilman Yamamoto, the Senior Planner stated
that the EIR did meet all the legal requirements and the
guidelines of implementation adopted by the City and State.
In response to Councilman Ward's question regarding what
would be on Fruit Street if it were developed as Ri, William
Daugherty, Senior Planner, stated that a typical Ri develop-
ment would have 20' back yards with a block wall fence or 4'
side yards if streets entered Fruit Street.
Councilman Bricken reminded Council that the 100' buffer zone
was a compromise to a previous appeal of a zone change; that
the proposed project would be a second compromise on the
part of the appellants; and that the people of that neighbor-
hood have stated that they are opposed to this kind of design
in their neighborhood.
Councilman Yamamoto stated that the "I was there first" argu-
ment is not always the best position to take for the benefit
of the City.
Councilman Bricken's motion not to accept the Draft Environ-
mental Impact Report as accurate failed for lack of a second.
Councilman Yamamoto's motion to adopt the Draft Environmental
Impact Report, all written materials pertaining thereto and
all verbal comments as the Final Environmental Impact Report
and certify that it has been completed in compliance with
CEQA and the City's rules and regulations and that the Council
has reviewed and considered the information contained therein
was seconded by Counoilman Ward and carried 6:1 with Council-
man Bricken dissenting.
The following Resolution No. 76-7 was adopted on the motion
of Councilman Yamamoto, seconded by Councilman Ward and
carried 6:1 with Councilman Bricken dissenting:
RESOLUTION NO. 76-7 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA, AF-
FIRMING THE ACTION OF THE PLANNING COmmISSION
ON VARIANCE APPLICATION NO. 75-50, APPROVING
SAID VARIANCE APPLICATION, AND DENYING APPEAL
NO. 359 FILED THEREON BY LEE M. KEARNEY OF
CITIZENS FOR FAIR ZONING ASSOCIATION.
CA 13.3
CITY COUNCIL MINUTES
16
JANUARY 5, 1976
RECESS
with all Councilmen present.
At 9:45 P.M. Mayor
Garthe declared a
recess; the meeting
reconvened at 9:55 P.M.
PUBLIC HEARING - APPEAL NO. 354 Mayor Garthe announced
VA 75-46 - J. OGDEN MARKEL, that because proper
APPELLANT - CONTINUED legal notices had not
been made, Staff re-
commended that the matter of Appeal No. 354 on Variance
Application 75-46 be continued to January 19, 1976 at 7:30
P.M. which was so moved by Councilman Ward, seconded by
Councilman Evans and carried (7:0) unanimously. CA 13.3
PUBLIC HEARING - VACATION Mayor Garthe announced
HELIOTROPE DR. NORTH OF 17TH that this was the time
ADOPTED RESOLUTION 76-9 and place for the public
hearing of the vacation
of a portion of Heliotrope Drive north of 17th Street.
Ronald Wolford, Public Works Director, stated that the Planning
Commission had recommended the abandonment; that the construc-
tion of a wall upon the street right of way now proposed to
be abandoned was accomplished through a petition of property
owners on Heliotrope in order to provide a physical separation
between commercial property on 17th and residential property
on Heliotrope; that the Planning Commission approved the block
wall project, plans were prepared by the City Staff, and in
1969 construction was undertaken by the property owners with
their funds; that the wall built provides a total separation,
both vehicular and pedestrian; and that closure of this street
conforms to modern traffic design because it eliminates one
busy intersection from 17th Street.
The following persons spoke in opposition to the proposed
street vacation:
Warren Henningsgard, Lawton School, 17th & Heliotrope
Margaret Logush, 1710 North Heliotrope
James P. Murphy, co-owner of 701-707 W. 17th Street
Richard Marshall, owner of 617-619 and 623 W. 17th
Jan Boer, 912 North Lowell
The opponents of the proposed vacation stated that they had
a basic right to drive up and down Heliotrope; that this
right had been taken away; that the City is merely getting
rid of liability; that the wall prohibits speedy dispatch
of emergency vehicles; that the property values of the
properties south of the wall have been depressed and that
it is difficult to lease the commercial property; and that
the wall is a public nuisance. In addition, Mr. Marshall
suggested that the speeding problem along Heliotrope could
have been solved by a speed limit sign or it could have been
made a one-way street. Mrs. Boer stated that the wall was
erected as a special favor to certain property owners and
that she would like her street cul-de-saced.
CITY COUNCIL MINUTES
17 JANUARY 5, 1976
Those speaking in favor of the street vacation and the retention
of the wall were:
Ed Tornell, 1717 Heliotrope
Mrs. Mollie Campbell, 1901 Heliotrope
Marshall Bull, 1907 North Heliotrope
Dr. William Gallivan, 1912 North Heliotrope
Robert Lowry, 2102 North Heliotrope
Gloria Turtenwald, 842 East McFadden, homeowner
on Heliotrope
Bob Wright, 2013 North Heliotrope
Herbert Fuller, 2008 North Heliotrope
The proponents of the street vacation stated that before the
wall was constructed, there were numerous problems which have
all been solved since the installation of the wall; that the
problems were: 1) continuous parking on the residential
street by customers and employees of the commercial estab-
lishments on 17th Street, and 2) excessive traffic, speeding
and numerous accidents.
Keith Gow, City Attorney, stated that the City
easements from the adjacent property owners so
may maintain the wall.
has acquired
that the City
Rebuttal statements were made by Jan Boer, Warren Henningsgard
and James Murphy. Mrs. Boer requested fairness and equity
in parking, street lights and maintaining residential integrity.
Mr. Henningsgard stated that the wall was poorly constructed,
a liability, and a detriment to police and fire access. Mr.
Murphy stated that there had been no written notice regarding
the construction of the wall in 1969.
There being no further speakers, Mayor Garthe closed the
public hearing.
The following Resolution No. 76-9 was adopted on the motion
of Councilman Evans, seconded by Councilman Yamamoto and
unanimously (7:0) carried:
RESOLUTION NO. 76-9 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA
ORDERING THE VACATION OF A PORTION OF
HELIOTROPE DRIVE IN THE FLORAL PARK TRACT
748, BOOK 30, PAGE 9 RECORDS OF ORANGE
COUNTY, STATE OF CALIFORNIA, IN THE CITY
OF SANTA ANA.
CA 14
CA 29.1
ADJOURNMENT
At 10:55 P.M. Mayor
Garthe adjourned the
meeting to 12:30 P.M.
on January 19, 1976
in Room 831, City Hall, 20 Civic Center Plaza, on the motion
of Councilman Yamamoto, seconded by Councilman Evans and
carried (7:0) unanimously.
~O~NCE I. MALONE,..~_
FLORENCE I. MALONE
CLERK OF THE COUNCIL
CITY COUNCIL MINUTES 18 JANUARY 5, 1976